Compounding Rape: Rajasthan HC Verdict Contradicts SC Ruling [Read Judgment]
8 years, 6 months ago

Compounding Rape: Rajasthan HC Verdict Contradicts SC Ruling [Read Judgment]

Live Law  

The HC judgment, giving scope to conciliation brought about by marriage between the accused and the victim, is in direct violation of a Supreme Court verdict that leaves no scope for compromise and mediation in a rape case.The Rajasthan High Court’s latest Judgment on a rape case goes against the Supreme Court ruling which states that in a case of rape or attempt of rape, there can be. The HC judgment, giving scope to conciliation brought about by marriage between the accused and the victim, is in direct violation of a Supreme Court verdict that leaves no scope for compromise and mediation in a rape case. The apex court Bench of Justice Dipak Misra and Justice Prafulla C. Pant had categorically stated in respect of cases where the rape accused marries the victim, that, “sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her, which is nothing but putting pressure in an adroit manner; and we say with emphasis that the courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, or any kind of liberal approach has to be put in the compartment of spectacular error. The Rajasthan High Court’s Judgment, giving scope to conciliation brought about by marriage between the accused and the victim, is in direct violation of the Supreme Court verdict, which leaves no scope for compromise and mediation in a rape case.

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History of this topic

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'
18 hours, 21 minutes ago

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'

Hindustan Times  

New Delhi, Coming down hard on the Allahabad High Court's observations that mere grabbing of breast and pulling the string of a 'pyjama' do not amount to offence of rape, the Supreme Court on Wednesday stayed them and said they depicted "total insensitiveness" and an "inhuman approach". SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman' …

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’
Trending News
19 hours, 52 minutes ago

Supreme Court stays Allahabad High Court’s ‘grabbing breasts not rape’ verdict; says it’s ‘insensitive, inhuman’

The Hindu  

The Supreme Court on Wednesday stayed an Allahabad High Court order of March 17, which concluded that “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment are not sufficient to constitute an offence of attempt to rape. Gavai said the observations made by a Single Judge Bench of Justice …

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
1 day, 9 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, …

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
1 week, 6 days ago

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established

Live Law  

While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide. Without there being a positive act on the …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
2 weeks, 4 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. …

Beawar "Sexual Exploitation" Case: Rajasthan High Court Orders 'Status Quo' On Proposed Demolition Of Properties Of Muslim Accused
2 weeks, 4 days ago

Beawar "Sexual Exploitation" Case: Rajasthan High Court Orders 'Status Quo' On Proposed Demolition Of Properties Of Muslim Accused

Live Law  

The Rajasthan High Court has directed status quo with respect to demolition notices issued to the families of Muslim individuals booked for allegedly sexually exploiting girls in Beawar last month. "Learned counsel for the petitioners submits that on receipt of the show cause notice dated 20.02.2025 under Section 194 and Section 245 of the Rajasthan Municipalities Act, 2009 seeking to …

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister
2 weeks, 6 days ago

Rajasthan HC rejects plea of man seeking to have live-in relationship with his own sister

Op India  

A bizarre case came up for hearing before the Rajasthan High Court in which a man claiming to be in a live-in relationship with his sister filed a habeas corpus petition alleging that his sister was detained by her in-laws. Maybe the offence of adultery is not attracted against a woman, but the very purpose of conferring high prerogative writs …

Woman can't claim rape after being in live-in for 16 years: Supreme Court
Trending News
3 weeks 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
3 weeks, 1 day 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 …

Marital rape can’t remain an exception to rape law
1 month, 1 week ago

Marital rape can’t remain an exception to rape law

Hindustan Times  

A tale from modern India: A man rapes his wife so brutally she dies. In October last year, the ministry of home affairs told the Supreme Court that husbands do not have a fundamental right to “violate the consent of their wives”—a fancy way of saying rape—but if Parliament removed the marital rape exception, then the institution of marriage will …

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children
Trending News
1 month, 3 weeks ago

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children

Live Mint  

The Supreme Court on Wednesday quashed the sentence of the present accused-appellant for rape and kidnapping charges after the bench noted he married the complainant and they have four children, reported the LiveLaw. After hearing the case, the bench of Justices B.V Nagarathna and Satish Chandra Sharma observed that Article 142 of the Constitution confers special power to pass necessary …

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
2 months, 1 week ago

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner

Hindustan Times  

The Lucknow bench of the Allahabad high court has granted bail to an accused in an inter-faith live-in rape case on condition that he marry the prosecutrix under the Special Marriage Act and provide financial security to her and their child. During the proceedings, both parties expressed a willingness to reconcile, leading the court to explore a resolution focused on …

Rajasthan HC expresses concern over delays in abortion process for rape victims
2 months, 2 weeks ago

Rajasthan HC expresses concern over delays in abortion process for rape victims

New Indian Express  

JAIPUR: The Rajasthan High Court has expressed grave concern over delays in the abortion process for rape victims, particularly minors, highlighting the lack of awareness and timely information. The court noted that such delays often put teenage victims at significant risk during childbirth. To address this issue, the court has indicated its intention to establish guidelines for handling abortion cases …

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
2 months, 2 weeks ago

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

Live Law  

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment. The Court was also aghast to note that the Gujarat High Court did not …

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 2 weeks ago

Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement

Live Law  

Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision. The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
3 months ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship
4 months ago

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Live Law  

The Supreme Court has expressed concerns about the "worrying trend" of invoking criminal law against men on allegations of rape on the false pretext of marriage after a long consensual relationship turned sour.While quashing an FIR in a rape case against a man, a bench comprising Justice BV Nagarathna and N Kotiswar Singh observed :“It is evident from the large …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months, 1 week ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC
4 months, 1 week ago

Partial Compromise With Some Accused In Criminal Case Not Allowed, Victim Can't Be Driver Of Criminal Justice System: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that partial compromise with some accused in a criminal case, where there are multiple accused persons, cannot be allowed. A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "To ensure that the victim/complainant, does not become the driver of the criminal justice system, through makings of piecemeal settlements, thereupons …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks 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 …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

Compromise can't end sexual harassment case, says SC
4 months, 2 weeks ago

Compromise can't end sexual harassment case, says SC

Deccan Chronicle  

A Supreme Court bench comprising Justices C.T. Sanjay Kumar overturned a Rajasthan High Court order that quashed a sexual harassment case based on a compromise between the accused and the complainant. The Supreme Court stated, “The impugned order is quashed and set aside, FIR and criminal proceedings shall proceed as per law,” emphasizing that the merits of the case were …

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken
5 months 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.

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
5 months, 3 weeks ago

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

Live Law  

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

SC says it will consider listing pleas challenging marital rape exception soon
6 months, 1 week ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 3 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Supreme Court to hear marital rape pleas next week
7 months, 3 weeks ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

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 …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
8 months, 2 weeks ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC
8 months, 3 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 …

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
10 months, 1 week ago

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Live Law  

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …

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 …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 2 weeks ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
1 year, 1 month ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
1 year, 1 month ago

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused

Live Law  

Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former. Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge, the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the court about …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year, 2 months ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
1 year, 3 months ago

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Live Law  

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437 and Section 436A CrPC. Section 437 CrPC stipulates that when the trial for a non-bailable offence before the Magistrate is not concluded within 60 days from the …

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)
1 year, 5 months ago

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)

Live Law  

Judgment/Orders Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court Case Number: C.A. Citation: 2023 LiveLaw 827 The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed can be admitted in evidence …

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 …

Marital rape petitions to be listed next month: SC
1 year, 8 months ago

Marital rape petitions to be listed next month: SC

Hindustan Times  

The Supreme Court on Wednesday observed that the petitions regarding the validity of the immunity to husband from marital rape “have to be decided”, as it agreed to list the matter after hearing in the Constitution bench matter relating to abrogation of Article 370 gets over in August. A five-judge bench is set to begin day-to-day hearings from August 2 …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 8 months ago

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC

News 18  

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. “We have to resolve the matters concerning marital rape,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 8 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

Consensual sex not rape if promise of marriage is broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage is broken: Orissa High Court

India TV News  

Orissa High Court on Friday asserted that a consensual physical relationship cannot be considered rape if the promise of marriage could not be materialised for some reasons. “In the former case, for any such sexual intimacy, an offence under Section 376 IPC is not made out, whereas, in the latter, it is, since the same is based on the premise …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict
1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law  

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

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 …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 11 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

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