Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court
3 months, 4 weeks ago

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Live Law  

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.Justice Shampa Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:"In the present case, there is admittedly no. The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant. Justice Shampa Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held: "In the present case, there is admittedly no marriage between the parties. Accordingly, in relying on Supreme Court precedents, the bench held that in such a case when there are contradictory submissions, the petitioner would have a right to claim a paternity test in order to absolve himself of the accusations.

Supreme Court High Court Court Test Victim Case Paternity Paternity Test His Claim Petitioner Calcutta High Court  order  girl  relationship  test  victim  claiming  paternity  nonaccess  petitioner  case  roy  high  rape  court  seek  prove

History of this topic

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
5 days, 17 hours ago

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today

Hindustan Times  

NEW DELHI: The Supreme Court on Tuesday initiated proceedings on its own motion against a controversial judgment delivered by the Allahabad high court on March 17 regarding what constitutes an attempt to rape. In her letter, Gupta expressed grave concern over the judgment, stating: “The interpretation by the judge is grossly erroneous, his approach on the subject is insensitive, irresponsible, …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
3 weeks, 2 days 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. …

Rapist sentenced to 25 years of rigorous imprisonment based on DNA test of aborted fetus
1 month, 3 weeks ago

Rapist sentenced to 25 years of rigorous imprisonment based on DNA test of aborted fetus

New Indian Express  

HYDERABAD: Taking cognisance of a DNA test of an aborted fetus, the Nampally court has sentenced a man, aged 45 at the time, to 25 years of rigorous imprisonment for raping a minor girl. After registering the case in 2020, the Bahadurpura police sent blood samples of the survivor, then 17, the accused, and the fetus for DNA analysis. During …

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy
1 month, 4 weeks ago

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy

New Indian Express  

CUTTACK: The Orissa High Court has ordered for the restoration of a girl child to her biological parents who are facing trial for kidnapping a baby boy from a hospital by abandoning her. The alleged kidnapping of a baby boy and abandonment of the girl child was reported from Balasore district headquarters hospital on April 4, 2024. While directing the …

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha
2 months, 1 week ago

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha

The Hindu  

The Supreme Court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her. The Delhi High Court on September 6 had dismissed the bail application of Seema Rani Khakha, saying the case “strikes at the root of trust between two families” and the possibility …

Bombay High Court acquits a father convicted of raping his daughter by trial court
2 months, 1 week ago

Bombay High Court acquits a father convicted of raping his daughter by trial court

Op India  

The Nagpur bench of the Bombay High Court recently acquitted a middle-aged man who was convicted of raping his minor daughter by the trial court. The father looked after the alleged victim and her brother The Judge noted that the complaint was filed 7 years after his wife left the appellant. The judge also took notice of the fact that …

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC
2 months, 2 weeks ago

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

Live Law  

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 2 weeks 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 …

RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation
3 months, 1 week ago

RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation

Live Law  

In another development arising from the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the parents of the victim girl have moved the Calcutta High Court challenging the CBI probe into the incident and seeking a fresh investigation into the case. Notably, while the trial against the main accused Sanjoy Roy is …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 2 weeks ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 3 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Chandigarh: Age of ‘minor victim’ remains unproven in court, seven let off
4 months, 2 weeks ago

Chandigarh: Age of ‘minor victim’ remains unproven in court, seven let off

Hindustan Times  

A local court on Monday acquitted seven individuals in a case involving a minor’s rape, child marriage and dowry demand, after the prosecution failed to prove key charges, notably the complainant’s age. The court found that the complainant’s claim of being a 15-year-old minor could not be substantiated. The court acquitted the complainant’s husband Ranjeet Thakur, his father Bijender Thakur, …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
8 months, 1 week 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 …

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18
9 months, 1 week 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 …

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
9 months, 3 weeks ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express  

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 3 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 …

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 …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official
1 year, 7 months ago

Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official

Live Law  

The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of Delhi government’s Women and Child Development Department.Premoday Khakha is accused of raping the minor over several months and impregnating her. The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 7 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 9 months ago

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus

India Today  

The Aurangabad bench of the Bombay High Court on Monday refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. The high court bench expressed concerns that a forced delivery could result in the birth of an underdeveloped child …

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 …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 9 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children
1 year, 10 months ago

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children

Live Law  

Terming it a case with an unusual prayer, the Delhi High Court has dismissed a woman's plea seeking directions for her husband and father-in-law to submit their DNA Samples before a DNA profiling agency in Rohini. The woman along with her two children had approached the court after the father-in-law allegedly "cast doubt" on their identity by claiming that "they …

'Only After Physical Relationship, Issue Regarding Marriage Cropped Up': Calcutta High Court Quashes Rape Case
1 year, 11 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 …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
2 years ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
2 years, 2 months ago

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks

The Hindu  

In a significant judgment allowing a minor rape victim to terminate her 25-week pregnancy, the Delhi High Court has also issued guidelines for investigating officers in all cases where a victim is pregnant due to sexual assault, and the pregnancy has crossed 24 weeks. “In case a minor victim is examined by such Board, appropriate report will be placed before …

Supreme Court Weekly Round-up (15th January 2023-21st January 2023)
2 years, 2 months ago

Supreme Court Weekly Round-up (15th January 2023-21st January 2023)

Live Law  

Judgements/OrdersIs Non-Production Of Power Of Attorney Fatal To Title Suit? 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration : Supreme Court Case Title: TATA Sons Pvt Ltd vs Siva Industries and Holdings Ltd | MA 2680 of 2019 in Arbitration Case No 38 of 2017 | 5 January 2023 Citation: 2023 LiveLaw 39 …

SC seeks Centre's response on pleas seeking criminalisation of marital rape
2 years, 2 months ago

SC seeks Centre's response on pleas seeking criminalisation of marital rape

India Today  

The Supreme Court on Monday sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. While Justice Shakdher, who …

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023
2 years, 3 months ago

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023

Live Law  

The Supreme Court of India has listed matters concerning the validity of the marital rape exception in the second week on January 2023. The issue was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate CU Singh who stated that the matters needed to be listed urgently. Senior Advocate CU Singh stated– "One …

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged
2 years, 3 months ago

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged

Hindustan Times  

Nearly a month after the Supreme Court acquitted three men convicted by lower court in the gangrape and murder of a 19-year-old woman, the family has now sought review of the order. Last month, a three-judge bench headed by former Chief Justice of India Uday Umesh Lalit said, “Having regard to the totality of circumstances and the evidence on record, …

Supreme Court's Verdict On MTP Act Might Pave Way For Criminalization Of Marital Rape In India
2 years, 5 months ago

Supreme Court's Verdict On MTP Act Might Pave Way For Criminalization Of Marital Rape In India

Live Law  

India is one of the few countries in the world that is yet to criminalise martial rape. Supreme Court's ruling on MTP Act and Marital Rape inclusion On September 29, a bench led by Justice DY Chandrachud in X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, significantly held that the meaning of rape must …

Supreme Court seeks Centre’s response - The Hindu
2 years, 6 months ago

Supreme Court seeks Centre’s response - The Hindu

The Hindu  

The Supreme Court on Friday, September 16, 2022, sought a response from the government on appeals to criminalise marital rape. During the brief hearing, All India Democratic Women's Association, represented by advocate Karuna Nundy, said both judges in the Bench in the Delhi High Court had agreed that the case raised a substantial question of law which required an authoritative …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle  

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court
2 years, 7 months ago

Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court in a recent case reiterated the law laid down by the Supreme Court in 599) that if the complainant willingly stayed in a relationship, then the relationship eventually not working out cannot be a ground for lodging an FIR for the offence under Section 376 of IPC. Brief Facts of the Case The Criminal Petition …

Karnataka High Court quashes rape case as victim marries accused
2 years, 7 months ago

Karnataka High Court quashes rape case as victim marries accused

The Hindu  

The High Court of Karnataka has found it meaningless to continue criminal proceedings against 20-year-old youth for the charges of rape of a 17-year-old, as the girl, who was in love with him, voluntarily married him after she attained 18 years of age, gave birth to a child a year after the marriage, and is living with him. The case …

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
2 years, 7 months ago

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent. The court was dealing with a petition under Article 227 of the …

SC to hear Unnao rape survivor’s plea for transfer of ‘counter case’ from UP to Delhi
2 years, 7 months ago

SC to hear Unnao rape survivor’s plea for transfer of ‘counter case’ from UP to Delhi

The Hindu  

The Supreme Court on Tuesday agreed to list next week for hearing a plea of the Unnao rape survivor seeking transfer of a criminal case filed by the father of one of the accused in her sexual assault case, from a trial court in Uttar Pradesh to Delhi. A Delhi court had in December 2019 sentenced expelled former BJP MLA …

Unnao rape survivor moves Supreme Court to transfer case to Delhi
2 years, 7 months ago

Unnao rape survivor moves Supreme Court to transfer case to Delhi

Hindustan Times  

The Unnao rape survivor has moved the Supreme Court seeking the transfer of a criminal case filed by the father of one of the accused in her sexual assault case from a trial court in Uttar Pradesh to Delhi. The Unnao rape survivor has moved the Supreme Court seeking the transfer of a criminal case filed by the father of …

DNA test in rape case not conclusive evidence: Bombay High Court
2 years, 7 months ago

DNA test in rape case not conclusive evidence: Bombay High Court

India Today  

The Bombay High Court has held that a DNA test cannot be said to be conclusive evidence in a case of rape and can only be used as corroborative evidence. Justice Bharti Dangre, while rejecting the bail plea of the accused, said: "The DNA test excludes the man as the father of the child, but that does not discredit the …

Marriage of Minor Sexual Abuse Survivor, Accused Doesn't Mitigate Act: Delhi High Court
2 years, 8 months ago

Marriage of Minor Sexual Abuse Survivor, Accused Doesn't Mitigate Act: Delhi High Court

News 18  

The Delhi High Court, dealing with a POCSO Act case bail plea, on Friday observed that merely because such sexual abuse results in tying of knot between the victim and the accused is in violation of provisions of law or results in birth of a child, this does not mitigate the act in any manner. Justice Anoop Kumar Mendiratta was …

Orissa High Court Denies Bail To Man Accused Of Raping Woman On False Assurance Of Marriage
2 years, 9 months ago

Orissa High Court Denies Bail To Man Accused Of Raping Woman On False Assurance Of Marriage

Live Law  

The Orissa High Court has recently denied bail to a man, who was accused of having sexual intercourse against the will of a woman on the false assurance of marriage. While rejecting the bail, a Single Judge Bench of Justice Sanjeeb Kumar Panigrahi quoted the following observation made by the Supreme Court in State of Madhya Pradesh v. Madanlal, "Dignity …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC
3 years, 3 months ago

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC

India Today  

The Allahabad High Court on Thursday held that a rape survivor cannot be compelled to allow her baby to undergo DNA test for determining paternity. The Lucknow bench set aside an order of a POCSO court which had directed for DNA test of the baby on the plea of the minor accused in the rape case. During trial before Juvenile …

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court
3 years, 4 months ago

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society. The petitioners relied on the judgement passed by the High court in the case of Vijaya Kumar …

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court
3 years, 4 months ago

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court

Live Law  

The Kerala High Court on Thursday heard a woman, who became pregnant pursuant to a sexual assault on her, accusing the investigating officer of not taking steps to conduct the DNA test of her foetus. The primary allegation was that under the guise of complying with the Court's previous interim order to provide her police protection from another police station …

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry
3 years, 6 months ago

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law  

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case …

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court
3 years, 11 months ago

Present Generation Taking Concept Of Marriage Very Lightly, They Apply For Divorce On Unimaginable Trivial Issues: Madras High Court

Live Law  

The Madras High Court recently observed that the concept of marriage in the present generation is taken very lightly and even for trivial issues, they file divorce, and marriage is broken. The Court also observed that the husband did not plead that the wife's inability to give birth to a child is 'Impotency', however, he did seek for annulment of …

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest
4 years ago

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

Live Law  

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of …

Discover Related