What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers
Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.
Rape
False implication in sexual offences is on a rise, thus inordinate delay in lodging FIR has to be considered at the time of adjudicating bail: Allahabad High Court grants bail to persons accused of Rape
Allahabad High Court granted bail to persons accused of Rape after considering the facts and circumstances of the case, submissions made by the parties, the evidence on record, the inordinate delay in lodging of the FIR by the informant and the fact that the trial is at its conclusive end,
Women cannot commit rape, but if she facilitated the act of rape with a group, she may be prosecuted for gang rape: Allahabad High Court
Allahabad High Court held that a woman can also be held guilty of sexual offences and can also be held guilty of gang rape if she has facilitated the act of rape with a group of persons.
‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three
The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.
Prosecutrix statement has been totally disbelieved in grave and serious offence under S 376 IPC by non-adherence to basic principles of investigation ; Bombay High Court directs for transferring case to Senior Officer
Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.
Courts should urge the police to investigate in sexual offences against women; Allahabad High Court reiterates
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case
Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality
22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail
The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.
Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
POCSO| Supreme Court grants pre-arrest bail to a public servant accused of rape
The accused had argued that the complainant and her family, out of ill will, had orchestrated the complaint and were extorting the petitioner for their own means and benefits. Rajasthan High Court, however, did not appreciate the fact that the previous complaints filed by the prosecutrix was closed on account of being frivolous and a closure report was also filed in the matter.
Supreme Court grants anticipatory bail to man accused of rape after 10 years of courtship; sets aside Rajasthan High Court’s order
The Supreme Court, while allowing the special leave petition filed by the petitioner, set aside the order passed by the Rajasthan High Court which had dismissed the anticipatory bail application without considering the facts and circumstances of the case.
Delhi High Court | Statement made under Sec 164 CrPC disclosing commission of rape is sufficient to frame charges under Sec 376 IPC
Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by
Allahabad High Court reiterates that the gravity of the offence is of ample significance for a case to fall within the exceptions under the proviso to Section 12(1) of JJ Act
Allahabad High Court: In a criminal revision petition filed against the orders passed by the Juvenile Justice Board (‘JJB’) and
Allahabad High Court upholds Trial Court’s order, convicting a 68-year-old man who raped a minor girl, 43 years ago
Allahabad High Court: In an appeal against the judgment passed by Trial Court, convicting the appellant/convict under Section 376 of
Allahabad High Court sets free rape convict languishing in jail from past 21 years; Showed anguish on authorities for notconsidering him for remission
Allahabad High Court: In an appeal against the judgment passed by Special Judge convicting the accused under Section 376 of
Kerala High Court | Marriage between Muslims under personal law is not excluded from the sweep of POCSO Act
A child marriage compromises the growth of the child to her full potential. It is the bane of society.
Delhi High Court upholds 12-year imprisonment awarded to father guilty of raping his minor daughter
Delhi High Court: In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under
Rape and Marriage Jurisprudence: A Study of Recent Judicial Trends Pertaining to Marriage Post Rape
by Sanjay Vashishtha †
Cite as: 2022 SCC OnLine Blog Exp 80
Patriarchal & sexist to assume that a sexually active woman cannot be raped; Anyone conducting ‘two-finger’ test will be guilty of misconduct: SC
The “two-finger test” or pre vaginum test has no scientific basis and neither proves nor disproves allegations of rape. It instead re-victimizes and re-traumatizes women who may have been sexually assaulted, and is an affront to their dignity.