Delhi High Court grants bail to 68-year-old rape accused
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.
Rape
Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children
“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”
‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape
The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.
‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend
In the guise of loving the minor girl, the boy had poured some intoxicating substance in the tea which made the girl unconscious and had aggravated sexual intercourse with her.
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‘Right to be forgotten inherent aspect of right to privacy’; Himachal Pradesh HC directs masking of rape accused’s name after his acquittal
There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.
MP High Court quashes Rape case lodged by Honey trap racket operator
The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.
Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court
‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.
Relationship between two adult individuals does not justify sexual assault on partner: Bombay High Court
A relationship may be consensual at the beginning, but the same state may not remain so for all time to come. Whenever one of the partners show their unwillingness to indulge in a sexual relationship, the character of the relationship as ‘consensual’ ceases to exist.
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation
‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’
No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility
“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”
Non-disclosure of Right to Terminate Pregnancy by Police/Doctors violates Minor Rape Survivor’s Right to live with dignity: MP High Court
The Court criticised the investigating officer and the treating doctor for not informing the survivor’s family about the pregnancy and the option for termination, considering the survivor’s minor status and health risks.
Can a wife claim that sexual act by her husband is without consent? Madhya Pradesh HC answers
The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.
Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court
The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.
[POCSO] Uttaranchal HC commutes death sentence to 20 years’ rigorous imprisonment for man who committed rape on his stepsister
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
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A quick legal roundup to cover important stories from all High Courts this week.
Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court
MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.