‘Trial Court Records Destroyed When Appeal Before High Court Was Pending’: SC Asks HC Registrar General To Verify Allegations [Read Order]
6 years, 11 months ago

‘Trial Court Records Destroyed When Appeal Before High Court Was Pending’: SC Asks HC Registrar General To Verify Allegations [Read Order]

Live Law  

The Supreme Court has directed the Registrar General of the High Court of Karnataka to verify a strange allegation made by the appellant’s counsel during hearing of a Special Leave Petition that the trial court's record was destroyed when the appeal itself was pending before the high court.Justice NV Ramana and Justice S Abdul Nazeer was hearing an SLP filed challenging the Karnataka High. The Supreme Court has directed the Registrar General of the High Court of Karnataka to verify a strange allegation made by the appellant’s counsel during hearing of a Special Leave Petition that the trial court's record was destroyed when the appeal itself was pending before the high court. Justice NV Ramana and Justice S Abdul Nazeer was hearing an SLP filed challenging the Karnataka High Court judgment that had partly allowed the state’s appeal against trial court acquitting the accused, Armugam. The bench ordered: “To verify the above fact, we direct the Registrar General of the High Court of Karnataka to submit a report whether the trial Court's record was really destroyed, even the appeal is pending before the High Court or not.” The trial court had acquitted all the three accused vide its judgment in July 2011.

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History of this topic

'Shame To The Profession': Kerala High Court Denies Anticipatory Bail To Lawyer Booked For Minor's Rape
22 hours, 27 minutes ago

'Shame To The Profession': Kerala High Court Denies Anticipatory Bail To Lawyer Booked For Minor's Rape

Live Law  

The Kerala High Court has rejected the anticipatory bail application of a lawyer who allegedly committed rape on a minor girl. The Court observed that prima facie case was made out against the lawyer and that his bail application cannot be entertained due to bar under Section 482 of the BNSS. Court added “…if the prosecution case is patently false …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
2 weeks ago

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court

Live Law  

The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination. "It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. …

Woman can't claim rape after being in live-in for 16 years: Supreme Court
Trending News
2 weeks, 3 days ago

Woman can't claim rape after being in live-in for 16 years: Supreme Court

India Today  

The Supreme Court has cancelled criminal proceedings against a man, who was accused of sexually assaulting a woman with whom he had a 16-year-long relationship, on the false pretext of marriage. The top court further expressed surprise that the complainant, a highly-qualified individual, endured such decades-long sexual assault without raising any doubt, and only registered the FIR against the accused …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
2 weeks, 4 days ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

Supreme Court quashes chargesheet against former Army officer in rape case
3 weeks, 4 days ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

Karnataka High Court Grants Anticipatory Bail To BS Yediyurappa In POCSO Case, Trial Court Directed To Decide On Cognizance Afresh
1 month, 2 weeks ago

Karnataka High Court Grants Anticipatory Bail To BS Yediyurappa In POCSO Case, Trial Court Directed To Decide On Cognizance Afresh

Live Law  

The Karnataka High Court on Friday set aside the trial order taking cognizance of offences alleged against former Chief Minister BS Yediyurappa in a case registered under the Protection of Children From Sexual Offences Act Act In doing so the court partly allowed his plea for quashing the POCSO Case; it however remitted the matter back to the trial court …

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 2 weeks ago

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court

India Today  

The Nagpur Bench of the Bombay High Court recently upheld the conviction and 10-year sentence imposed by the Amravati Sessions Court on labourer Balya alias Rahul Lokhande for raping a 35-year-old woman who lived alone. Lokhande had appealed his conviction, but the High Court ruled that the victim’s testimony was “cogent, concrete, and reliable.” According to the prosecution, the incident …

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case
2 months ago

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case

The Hindu  

The High Court of Karnataka on Friday reserved its judgment on the petition filed by former Chief Minister B.S. ‘No sexual assault’ Earlier, Senior Advocate C.V. Nagesh, appearing for Mr. Yediyurappa, denied the allegation and contended that the statements given by the witnesses and the pieces of evidence disclose that there is not even probability of occurrence of the incident …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

Karnataka High Court Stalls Framing Of Charge Against Prajwal Revanna In Alleged Sexual Assault Case Till January 16
Trending News
2 months, 1 week ago

Karnataka High Court Stalls Framing Of Charge Against Prajwal Revanna In Alleged Sexual Assault Case Till January 16

Live Law  

The Karnataka High Court on Thursday directed the trial court not to frame charges against former Member of Parliament, Prajwal Revanna who is accused in a case of rape and sexual assault, till January 16. Justice M Nagaprasanna has directed thus while hearing a petition filed by Revanna, questioning an order dated December 1, 2024 of the trial court rejecting …

Rape accused got 20-YR RI
2 months, 2 weeks ago

Rape accused got 20-YR RI

Deccan Chronicle  

Hyderabad: In a rape case registered at the Vanasthalipuram police station in the year 2018, a rape accused is convicted with 20 years of rigorous punishment. The accused even turned up at the uncle's place, and the duo eloped, leading the minor's mother to register a missing case. After recording the statements of the accused and minor victim, the police …

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape
3 months ago

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape

Live Mint  

A bench of Justice M Nagaprasanna of the Karnataka High Court on December 16 stayed proceedings against a man accused of rape and highlighted the “dangers of dating apps”, according to a report by India Today. It added that the police chargesheet did not account for the petitioner and defendants online chats and raised credibility about the “verbatim” witness statements …

Relief to man accused of rape by his date, court flags 'dangers of dating apps'
3 months ago

Relief to man accused of rape by his date, court flags 'dangers of dating apps'

India Today  

The Karnataka High Court on Monday raised concerns over the "dangers of dating applications" while pausing the prosecution against a 22-year-old man accused of raping a woman he met through a dating application. The court also raised objections to the police investigation, pointing out that the charge sheet was filed in the case without mentioning any of the online chats …

RG Kar Rape-Murder Case Trial Likely To Be Over In One Month, Says Supreme Court
3 months, 1 week ago

RG Kar Rape-Murder Case Trial Likely To Be Over In One Month, Says Supreme Court

Live Law  

The trial in the case relating to the rape and murder of a trainee doctor at the RG Kar Medical College Hospital, Kolkata is likely to be over within a month, observed the Supreme Court, after taking note of the latest status report filed by the Central Bureau of Investigation.The Court noted that the trial is being conducted on a …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
3 months, 1 week ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
4 months ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Supreme Court Refuses To Entertain Plea Against Kapil Sibal Over Statement Issued As SCBA President On RG Kar Rape-Murder
4 months, 2 weeks ago

Supreme Court Refuses To Entertain Plea Against Kapil Sibal Over Statement Issued As SCBA President On RG Kar Rape-Murder

Live Law  

The Supreme Court today refused to entertain an application filed by Senior Advocate Dr Adish C Aggarwala assailing the issuance of a statement by Senior Advocate Kapil Sibal, as the current SCBA President, in connection with the RG Kar Medical College rape and murder case.A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan dismissed. The Supreme Court today …

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken
4 months, 3 weeks ago

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken

Live Law  

The Rajasthan High Court has upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl. Despite the lengthy cross-examination by the defense, the court found that the girl's statement had not been shaken and that the evidence of the assault had been established through the FSL report.

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
5 months ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
6 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna
6 months, 3 weeks ago

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna

The Hindu  

The High Court of Karnataka on Friday directed the trial court not to record further proceedings based on the charge sheet filed against former Minister and MLA for Holenarsipur H.D. Justice M. Nagaprasanna passed the interim order on the petition filed by Mr. Revanna, who questioned the legality of registration of FIR on the alleged incident said to have been …

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
7 months ago

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man

Live Mint  

The apex court criticised the verdict last year and termed some of the high court's observations “highly objectionable and completely unwarranted.” The Supreme Court of India has today restored the conviction of a man who raped a minor girl after he was acquitted by the Calcutta High Court, which in its judgement asked adolescent girls to "control their sexual urges", …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
8 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Rape-cum-murder case: SC stays execution of death sentence awarded to convict
8 months ago

Rape-cum-murder case: SC stays execution of death sentence awarded to convict

Deccan Chronicle  

New Delhi: The Supreme Court has stayed the execution of the death sentence awarded to a man convicted for raping and murdering a 30-year-old law student in Kerala in 2016. A bench headed by Justice B R Gavai passed the order while hearing the convict's plea challenging the Kerala High Court's May 20 verdict that upheld his conviction and confirmed …

SC to hear pleas challenging marital rape exception in new criminal law on July 18
8 months, 1 week ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC
8 months, 2 weeks ago

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC

News 18  

The Meghalaya High Court has ruled that a survivor’s forgiveness is not sufficient to quash a First Information Report in a rape case. Chullai referenced the Supreme Court’s 2012 ruling in Gian Singh vs. State of Punjab, emphasising that serious crimes such as rape cannot be dismissed based on forgiveness or mutual agreement. Regarding the forgiveness letter, the court noted …

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18
9 months ago

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18

Deccan Chronicle  

Bengaluru: The Karnataka High Court has granted a 23-year-old man charged with the rape of a girl when she was 16 years and nine months of age, 15-day bail to marry her. Justice M Nagaprasanna issued the interim order dated last Saturday in response to a petition from the accused, seeking to dismiss the charges as both families wish to …

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence
11 months ago

Trial Court Cannot Morally Convict Accused In Absence Of Legal Proof: Karnataka High Court Sets Aside Murder Conviction, Life Sentence

Live Law  

The Karnataka High Court has set aside the murder conviction and life sentence imposed on three accused of setting ablaze a woman. Citing prosecution's failure to establish its case beyond reasonable doubt, a Division bench of Justice Sreenivas Harish Kumar and Justice S Rachaiah remarked, “It appears that the trial court has morally convicted the accused in the absence of …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
11 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 2 weeks ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
1 year ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction
1 year, 2 months ago

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction

Live Law  

The Gauhati High Court has set aside the conviction and sentence imposed on a man, for committing the alleged offence of rape against a minor under Section 376 of IPC, by the Trial Court on the ground that the evidence of the victim is not similar to the deposition of her younger sister before the court and the evidence of …

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
1 year, 3 months ago

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

Live Law  

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made. Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical …

Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy
1 year, 3 months ago

Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy

Live Law  

The Karnataka High Court has permitted a 16-year-old victim of sexual assault to terminate her 26-week-old pregnancy. A single judge bench of Justice M Nagaprasanna allowed a plea by the minor girl who was represented by her mother and said, “In the light of the opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions …

Can women be accused of rape? Supreme Court to examine
1 year, 3 months ago

Can women be accused of rape? Supreme Court to examine

India Today  

The Supreme Court on Friday agreed to examine whether women can be accused of rape under Section 375 of the Indian Penal Code. Currently, the law in question begins with “A man is said to commit ‘rape’â€æ” and subsequently outlines various conditions under which a man can be accused of rape by a woman. While hearing a plea by a …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 4 months ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
1 year, 4 months ago

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

Live Law  

A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape. While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 6 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy
1 year, 6 months ago

'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy

Live Law  

The Gujarat High Court today allowed the medical termination of a minor rape survivor's 19-week pregnancy while noting that a victim can not be allowed to continue with her pregnancy if she is unwilling.The bench of Justice Samir J. Dave observed thus while dealing with the plea moved by the elder sister of the 16-year-old rape victim seeking to terminate …

Supreme Court convenes Special Bench to hear rape survivor seeking abortion
1 year, 7 months ago

Supreme Court convenes Special Bench to hear rape survivor seeking abortion

The Hindu  

The Supreme Court shifted to high gear on August 19, constituting a Special Bench to hear a 25-year-old rape survivor who is fighting time to get an abortion. Chandrachud constituted a Special Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, who rushed to the court, for the special hearing at 10.30 a.m. on August 19. During the hearing, the Bench …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 7 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges
1 year, 7 months ago

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges

Firstpost  

Justice Nagaprasanna reasoned that given the extensive duration of the sexual relationship spanning six years, it cannot be construed as rape under Section 376 of the Indian Penal Code In a case shedding light on the misuse of laws, the Karnataka High Court has dismissed two criminal cases against a man from Bengaluru. The cases were brought by a woman …

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP
1 year, 8 months ago

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP

Live Law  

More than 13 years after the Supreme Court dismissed the SLP against his conviction in a rape case dating back to 2004, the Telangana High Court has directed the trial court to pass fresh order on the convict's claim of juvenility. The division bench of Justice K Lakshman and Justice Sree Sudha said the trial court shall conduct enquiry in …

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court
1 year, 8 months ago

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has recently quashed pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage. While disapproving the continuance of such case, the Single Bench of Justice Sharad Kumar Sharma observed, “In fact, the offence under Section 376 of the IPC as of now in this …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 8 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim
1 year, 9 months ago

Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim

Live Mint  

The Supreme Court on Saturday stayed the Allahabad High Court verdict which directed the Head of Department in Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her 'Kundali' in three weeks. Taking a suo moto cognizance of the order delivered by the Lucknow bench of the High Court, the apex court questioned the relevance …

Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual
1 year, 10 months ago

Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual

Live Law  

The Calcutta High Court on Wednesday set aside the conviction under Section 376 of IPC of a rape accused, on the ground that physical relationship between the appellant and the victim was consensual and the age of the victim was not conclusively established by the prosecution before the Trial Court. The victim in her deposition before the trial court submitted …

'Only After Physical Relationship, Issue Regarding Marriage Cropped Up': Calcutta High Court Quashes Rape Case
1 year, 10 months ago

'Only After Physical Relationship, Issue Regarding Marriage Cropped Up': Calcutta High Court Quashes Rape Case

Live Law  

The Calcutta High Court recently quashed criminal proceedings against an accused for the alleged offence of rape on the ground that the physical relationship between him and the victim was consensual and the issue of marriage cropped up only after the physical relationship. The single judge bench of Justice Tirthankar Ghosh noted: “Having regard to the version of the complainant …

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
2 years ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

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