born case fair prosecutrixs punishable observed court promise disclose laws inquiry authorities man gujarat pocso refuses act statement aadhar kerala criminal upholds went directs dignity held taken applicant intercourse right

Articles for Prosecutrix

Court acquits Panchkula resident in rape case
1 week, 3 days ago

Court acquits Panchkula resident in rape case

Hindustan Times  

A local court on Monday acquitted a Panchkula resident accused in a 2021 rape case due to lack of evidence and held that it is crystal clear that the case cannot be made out against him. “It cannot be concluded that the prosecutrix engaged in a sexual relationship with the accused solely on account of any assurance of marriage from …

Relationship Court Accused Kumar 2021 Rape
Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
2 weeks, 2 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

Court Rape Statement Applicant Case Fir Madhya Pradesh
'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
2 weeks, 3 days ago

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

Live Law  

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination. Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix …

Court Applicant Accused Himachal Pradesh Bns
State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court
2 weeks, 6 days ago

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court

Live Law  

The Jammu and Kashmir High Court has directed the Registry to immediately redact a prosecutrix/victim's name from the identified pages and any other additional pages flagged by the prosecution in a criminal case. The court ordered that police, forensic science laboratories, and medical professionals examining the prosecutrix must ensure that the name of the prosecutrix is not to be given …

Court Prosecutrix
Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
2 weeks, 6 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. …

Court Medical Examination Case
Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
2 weeks, 6 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. …

Medical Court Medical Examination Victim Examination Alleged Rape Case
Delhi court acquits Army official accused of rape on pretext of marriage
1 month ago

Delhi court acquits Army official accused of rape on pretext of marriage

Hindustan Times  

Delhi's Karkardooma Court has acquitted an army official accused of raping a woman under the pretext of marriage. The court ruled that the prosecution failed to provide evidence beyond reasonable doubt, and the woman's testimony was not trustworthy. Additional Sessions Judge Gajendra Singh Nagar acquitted the accused and said, "This court is of the opinion that the prosecution has failed …

Delhi Court Accused Woman Manali Reasonable Doubt Physical Relations
'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
1 month ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

Relationship Marriage Consent Court False Man State
Consensual Nature Of Relationship Irrelevant For Prosecution Under POCSO Act: Delhi High Court
1 month, 2 weeks ago

Consensual Nature Of Relationship Irrelevant For Prosecution Under POCSO Act: Delhi High Court

Live Law  

The Delhi High Court has observed that prima facie, the consensual nature of relationship between the accused and prosecutrix is irrelevant for prosecution under the POCSO Act. The alleged consensual nature of the relationship is, therefore, prima facie irrelevant for the purpose of prosecution under the POCSO Act.” The Court denied bail to one Mohd. The Court said that in …

Relationship Court Age Act Prima Facie Consensual Prosecutrix
Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 3 weeks ago

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

India Today  

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

Court Fir
Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 3 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

Evidence Court Conviction Statement Prosecutrix Rape Abduction
Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR
1 month, 3 weeks ago

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR

Live Law  

While refusing to quash an FIR under Section 376 IPC for false promise of marriage, the Delhi High Court observed that the nature of the relationship between the parties is a crucial factor in determining whether there was any promise of marriage and whether the consent was vitiated by a misconception of fact. Justice Chandra Dhari Singh was considering the …

Relationship Marriage Delhi Court Fir Promise Petitioner
Supreme Court Annual Digest 2024- BNS/ Indian Penal Code
2 months, 1 week ago

Supreme Court Annual Digest 2024- BNS/ Indian Penal Code

Live Law  

THE BHARTATIYA NYAYA SANHITA, 2023 AND THE INDIAN PENAL CODE, 1860 | SUPREME COURT ANNUAL DIGEST 2024 CORRESPONDING SECTIONS and COMPARISON SUMMARY Section 3 - General explanations - Acts done by several persons in furtherance of common intention Section 34 – Applicability of - Murder - Sentencing – Doctrine of Parity – Individual Culpability of Co-Accused – The appellant argued …

Karnataka Tamil Nadu Kerala Delhi Supreme Court High Court Bihar
Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction
2 months, 1 week ago

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction

Live Law  

The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra, “ In the present case, delay in identifying the accused in the Court of law when prosecutrix was being examined is fatal to the case of the prosecution. It is also not the case of the prosecution that accused were not arrested in time and therefore, despite the fact …

Court Prosecution Case Accused Appellants Fir Madhya Pradesh
Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents
2 months, 2 weeks ago

Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents

Live Law  

In a recent ruling, the Jabalpur Bench of Madhya Pradesh High Court has granted the custody of a new-born baby to her mother, a minor rape survivor, under the guardianship of her parents. Therefore, it is directed that custody of newly born child be given to her minor mother under the guardianship of her parents.” In the present matter, an …

Parents Court State Government Custody Child Mother Baby
Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 2 weeks ago

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

Live Law  

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix …

Court Victim Applicant Married Rape Cases No Presumption Entire Story
'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 …

Court Victim Accused Her Statement Prosecutrix
Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case
2 months, 4 weeks 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 …

Court Punjab Singh Clothes Rape Case Prosecutrix Torn
POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court
3 months, 3 weeks ago

POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in case of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012, victim's testimony cannot be question merely on the ground that no semen is detected in the DNA report.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when in the event of any penetrative sexual …

Court Accused Sexual Haryana High Court Semen Punjab Haryana Penetrative Sexual Assault
Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 months, 4 weeks 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 …

Court Victim Accused Punjab Pocso Sexual Prosecutrix
Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act
4 months ago

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

Live Law  

The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl and get the same registered after getting her custody. “Having heard the learned counsel for the parties and having perused the material available on record and also hearing the parties who are present in person, …

Marriage Court Bail Hindu Accused Interim Bail Prosecutrix
‘Shameful act’: Bombay HC to man convicted of raping his mother-in-law
4 months, 2 weeks ago

‘Shameful act’: Bombay HC to man convicted of raping his mother-in-law

Hindustan Times  

The Nagpur bench of the Bombay High Court on Tuesday upheld the conviction of a man for raping his mother-in-law, reported PTI. The high court, however, refused to accept this contention and said the victim at the time of the incident was 55 years old and asserted that she would not invite such a stigma on her character by levelling …

Man Woman Pti Act His Mother Her Daughter Bombay
Delhi court discharges man accused of rape, cites contradictory WhatsApp chats
4 months, 2 weeks ago

Delhi court discharges man accused of rape, cites contradictory WhatsApp chats

Hindustan Times  

New Delhi, A Delhi court has discharged a man accused of rape, saying the allegations made by the woman could not withstand in the light of "clinching scientific evidence in the form of WhatsApp chats" between the two. Delhi court discharges man accused of rape, cites contradictory WhatsApp chats The woman and the accused were introduced to each other through …

Delhi Judge Fir Man Accused Whatsapp Chats
"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
4 months, 2 weeks ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

Counsel Court Order Applicant Right High Madhya Pradesh