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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.
“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.”
“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.”
‘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 reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”
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.
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.
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.
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.
A quick legal roundup to cover important stories from all High Courts this week.
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.
MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.
“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
A quick legal roundup to cover important stories from all High Courts this week.
The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.
“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”
“Pregnant persons seeking termination of pregnancy seek predictability for their future. The uncertainty caused by changing opinions of the medical board must therefore balance the distress it would cause to the pregnant person by providing cogent and sound reasons.”
“Mob-lynching practice is not acceptable in civilized society at any cost. We are not living in a barbarian society.”