Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in her FIR or during MLC. The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code. disclosing the offence of rape shall be sufficient to frame charges under Section 376 of IPC," the court said. Observing that three things were considered by the trial court at the stage of framing of charge i.e., FIR, MLC and statement of the victim under Section 164 CrPC, Justice Sharma said that the court below committed an error in discharging the accused by giving undue weightage to the discrepancies in the statements of prosecutrix.

Rape Victim Trial Court Delhi High Court Statement Accused Ipc Sharma Fir Mlc Offence Crpc Section 376 164 Crpc Section 164 Crpc Justice Sharma 376 Section 164 376 Ipc Section 164 Cr Frame Charges Section 376 Ipc Charges Frame Section 376 Of Her Fir Her Genitals  offence  victim  ipc  charges  frame  sufficient  victims  statement  delhi  accused  376  trial  court  crpc  high  disclosing  rape

History of this topic

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case
1 week, 4 days ago

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case

Live Law  

The Punjab & Haryana High Court acquitted a man in rape case observing discrepancy in the prosecutrix's testimony and that the alleged sexual intercourse was consensual as the clothes of the prosecutrix were not torn at the crime site.Justice Sureshwar Thakur and Justice Kirti Singh said, "The existence of untorn clothes of the prosecutrix, at the crime site, also is …

Delhi HC acquits Sahjan Ali convicted of raping 14-year-old girl, says physical relation does not mean intercourse
1 week, 6 days ago

Delhi HC acquits Sahjan Ali convicted of raping 14-year-old girl, says physical relation does not mean intercourse

Op India  

On 23rd December, Delhi High Court overturned the life imprisonment sentence of a man convicted of raping a 14-year-old girl under the Protection of Children from Sexual Offences Act and the Indian Penal Code. The court cited a lack of evidence against the petitioner in the case as merely mentioning ‘physical relation’ cannot be converted automatically into sexual intercourse let …

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 weeks ago

Presumption Of Guilt U/S 29 Of POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence.As per Section 29 of the POCSO Act, where a …

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction
2 weeks ago

Presumption Of Guilt U/S Of 29 POCSO Act Can't Be Drawn Due To Lack Of Evidence: Punjab & Haryana HC Sets Aside Rape Conviction

Live Law  

The Punjab & Haryana High Court has acquitted two men in a sexual assault case under the Protection of Children from Sexual Offences Act, observing that the presumption under Section 29 for abetting or attempting to commit certain offences under the Act cannot be drawn on account of lack of evidence. As per Section 29 of the POCSO Act, where …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 weeks, 6 days ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'
3 weeks, 1 day ago

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Live Law  

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots. Justice Anish Dayal rejected Malik's plea against the trial court order that framed charges against him for the offences under Sections 147, 148, 427, 435 ten rupees), 436, 450, 149 and 188 of …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
4 weeks, 1 day 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 …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
1 month ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
1 month, 1 week ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
1 month, 2 weeks ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
1 month, 2 weeks ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC
1 month, 4 weeks ago

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Live Law  

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case. The court said that as the right of the accused to remain silent …

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

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
2 months, 2 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 2 weeks 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 …

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

SC to decide on marital rape law despite Centre’s silence
3 months, 3 weeks 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 to decide on marital rape law despite Centre’s silence
3 months, 3 weeks 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
3 months, 3 weeks 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. …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
4 months ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

The curious difference between IPC and BNS on rape
4 months ago

The curious difference between IPC and BNS on rape

New Indian Express  

Since the definition of rape continues to be largely identical in IPC and BNS, it is not clear how such an offender can still escape the charge in such cases. The phrase “by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her” would have to be interpreted the same way …

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case
4 months, 2 weeks ago

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case

Live Law  

On Wednesday, the Allahabad High Court acquitted an accused who was sentenced to life imprisonment by a trial court for allegedly raping a 6-year-old girl in 2001 as it noted that the medical evidence did not show any injury caused to the victim girl. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary noted that at the …

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC
4 months, 4 weeks ago

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC

Live Law  

The Kerala High Court has held that having carnal intercourse against 'the order of nature' mentioned in Section 377 of the Indian Penal Code looks only into the nature of the act and not the relationship of the parties involved. Among other offences, the accused was also convicted of having sexual intercourse against the order of nature under Section 377 …

Supreme Court to hear marital rape pleas next week
5 months 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 …

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court
5 months, 1 week ago

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court

Hindustan Times  

The Supreme Court on Thursday questioned the conduct of Delhi chief minister Arvind Kejriwal’s political aide Bibhav Kumar in a case of alleged assault of Rajya Sabbha member Swati Maliwal and said it was shocked by the manner in which the incident took place at the chief minister’s residence, even as it issued notice on Kumar’s bail plea and listed …

Delhi court directs police to take action against woman for false rape complaint
5 months, 1 week ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
5 months, 3 weeks ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 months, 3 weeks 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 …

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony
5 months, 3 weeks ago

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony

Hindustan Times  

New Delhi, Over nine years after a man was charged with rape, a court here has acquitted him, saying the testimonies of the alleged victim were not clear, cogent, credible or trustworthy, nor were her allegations corroborated by other material evidence. Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony Additional Sessions Judge …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
5 months, 4 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 …

MP HC junks rape case filed by woman after 10-year-long relationship with man
6 months ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu  

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

No financial settlement in sexual abuse cases: Delhi High Court
6 months, 1 week ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express  

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
6 months, 3 weeks ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

Accused 'Exploited Vulnerability': Kerala High Court Sentences Four To 30 Yrs Rigorous Imprisonment For Gang Rape Of Migrant Woman
6 months, 4 weeks ago

Accused 'Exploited Vulnerability': Kerala High Court Sentences Four To 30 Yrs Rigorous Imprisonment For Gang Rape Of Migrant Woman

Live Law  

The Kerala High Court has convicted four accused to rigorous imprisonment of 30 years under Section 376D of the IPC for committing the offence of gang rape on a migrant woman worker in 2015. the victim in this case, squarely falls within that subset and she finds herself placed at an intersection of varied identities as a woman from another …

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

Parents Of Victim Have History Of Long Matrimonial Discord: Delhi HC Grants Bail To Person Who Was Alleged For Raping His Daughter
7 months, 1 week ago

Parents Of Victim Have History Of Long Matrimonial Discord: Delhi HC Grants Bail To Person Who Was Alleged For Raping His Daughter

Live Law  

Noticing that the parents of the victim have a history of matrimonial discord and they have filed multiple complaints against each other, the Delhi High Court held that age of minor victim vis-à-vis age of the accused, the family relationship between the victim and the accused and the chances of the accused threatening the victim, must be considered while deciding …

Prajwal Revanna sex scandal: Another rape case against JD(S) MP
7 months, 4 weeks ago

Prajwal Revanna sex scandal: Another rape case against JD(S) MP

The Hindu  

It has now come to light that the Special Investigation Team, probing alleged multiple instances of sexual abuse by Prajwal Revanna, has invoked Section 376 of the Indian Penal Code for rape against the “absconding” Hassan MP in the first FIR registered against him on April 28, a day after he flew out of the country to Germany. Two other …

Frame sexual harassment charges against Brij Bhushan: Delhi HC
8 months ago

Frame sexual harassment charges against Brij Bhushan: Delhi HC

Deccan Chronicle  

New Delhi: A Delhi court on Friday ordered framing of sexual harassment and other charges against former Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh in a case lodged by female wrestlers, observing there was "sufficient evidence" against him. Meanwhile, another Delhi court will likely pronounce its order on May 20 on whether to accept a …

Use of force to outrage modesty: Delhi Court charges BJP MP Brij Bhushan Singh for sexual harassment of female wrestlers
8 months ago

Use of force to outrage modesty: Delhi Court charges BJP MP Brij Bhushan Singh for sexual harassment of female wrestlers

Live Mint  

Delhi's Rouse Avenue court ordered the 'framing of charges' against former Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh on Friday in the sexual harassment case lodged against him by six women wrestlers. Additional Chief Metropolitan Magistrate Priyanka Rajpoot, while ordering charges against the former WFI chief, said that there is sufficient material against Brij Bhushan …

Delhi court to pass order on framing charge against Brij Bhushan Singh on May 10
8 months ago

Delhi court to pass order on framing charge against Brij Bhushan Singh on May 10

The Hindu  

A Delhi court is likely to pronounce its order on whether to frame charges against former Wrestling Federation of India chief and BJP MP Brij Bhushan Sharan Singh in a sexual harassment case lodged by six female wrestlers against him on May 10. Additional Chief Metropolitan Magistrate Priyanka Rajpoot, who was scheduled to pass an order on May 7, adjourned …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
8 months, 1 week ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer
8 months, 1 week ago

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer

News 18  

The Supreme Court on Thursday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. A bench of justices C T Ravikumar and S V N Bhatti dismissed the plea of the official’s wife Seema Rani and said it was not inclined to interfere with …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 3 weeks 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 …

Delhi court reserves order on framing of charges against Brij Bhushan in sexual harassment case
9 months ago

Delhi court reserves order on framing of charges against Brij Bhushan in sexual harassment case

The Hindu  

A Delhi court on Thursday reserved its order on framing of charges against BJP Member of Parliament and former Wrestling Federation of India chief, Brij Bhushan Sharan Singh, in a sexual harassment case lodged by women wrestlers. Many renowned wrestlers, including Sakshi Malik, Vinesh Phogat, Bajrang Punia and Sangeeta Phogat, had protested for months in New Delhi demanding the arrest …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
9 months, 1 week ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge
10 months ago

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge

Live Law  

The Delhi High Court has expressed concern over the conduct of a trial court judge here who “suggested and assisted” the accused and victim to settle a rape case during recording of prosecution evidence.Justice Swarana Kanta Sharma directed that the case be tried by another judge, to ensure that justice should not only be done but The Delhi High Court …

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court
10 months, 1 week ago

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court

Live Law  

A Delhi Court has observed that women who misuse the law to falsely implicate any individual of rape should be dealt with strictly. Additional Sessions Judge Jagmohan Singh of Rohini Courts made the observation while acquitting three men in a gang rape and kidnapping case, observing that the prosecutrix's conduct was highly unnatural and belied her story. “In the considered …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
10 months, 1 week 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 …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
11 months, 2 weeks ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

Delhi Police urges court to frame charges against ex-WFI chief Brij Bhushan Sharan Singh
1 year ago

Delhi Police urges court to frame charges against ex-WFI chief Brij Bhushan Sharan Singh

The Hindu  

Delhi Police on January 6 urged a court here to frame charges against BJP MP and former WFI chief Brij Bhushan Sharan Singh in a case of alleged sexual harassment of women wrestlers. The police opposed the contention of the accused that since some of the alleged incidents took place overseas, they do not fall in the jurisdiction of courts …

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