Rape
Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court
“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”
[Bilkis Bano Gang rape case] Supreme Court indicates factors to be considered while entertaining application for remission under CrPC
The Gujarat Government had released the 11 convicts on 15-08-2023 as the convicts have completed 14 years sentence in prison and due to their good behavior. Aggrieved by this, Bilkis Bano filed a petition against the premature release of the convicts.
Inside Supreme Court’s verdict on premature release of 11 convicts in Bilkis Bano gang rape case
“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to”
Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape
“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”
Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage
“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”
“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence
“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”
Karnataka HC issues directions for immediate medical examination of rape victims to ascertain pregnancy and provision of counselling on available options
Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.
‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter
“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”
Calcutta High Court Sets aside conviction for Rape due to lack of corroborative evidence and witness discrepancies
While emphasising on the reliability of the prosecutrix’s testimony, the Calcutta High Court cautioned against its universal application and highlighted the need for evaluation based on the case’s circumstances.
Depriving furlough to convict undergoing long term imprisonment counterproductive to reformative approach: Delhi HC grants furlough to man convicted of rape and murder of minor
“Only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that his temporary release on furlough would be against the interest of the society.”
‘No sufficient evidence to prove prosecution’s case beyond reasonable doubt’; Allahabad HC acquits 3 convicts in 1999 rape and murder case of a 13-year-old girl
Allahabad High Court said that there is a serious discrepancy in the eyewitness testimony. It does not match with other evidence, material and circumstances.
Hassan Sessions Court acquits persons accused in 12-year-old rape case based on prosecutrix’ behaviour “which was against normal human conduct”
The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.
[Nithari Killings] Allahabad High Court acquits Surendra Koli and Moninder Pandher; Set aside their death sentence
The Nithari murder case concerning with the rape and murder of several girl children between 2005-2006 sent shockwaves across the country.
Live-in relationship between married adults not an offence; but woman cannot allege rape by partner on false pretext of marriage: Delhi High Court
“The objectivity of the judges is the key to fairness of justice and the decisions have to be objectively determined according to the law of land and not by moral principles of the judge concerned.”
Calcutta High Court prioritises ‘reformation and rehabilitation’ over ‘Death Penalty’ in heinous case of rape and murder of girl child
Calcutta High Court held that the proximity between the last seen circumstance and the recovery of the victim’s body established a livelink between their presence and the rape and murder.
Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl
“Truth is the soul of justice. The sole idea of the criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished, and the guilty person is not allowed to go scot free.”
Allahabad High Court grants bail to man accused of raping live-in partner under false promise to marry
“The british concept of changing partner in every season cannot be considered to be hallmark of a stable and healthy society. The security and stability which the institution of marriage provides to an individual’s life cannot be expected from live-in-relationship.”
[S. 376 IPC] ‘Status of applicant is merely of a suspect being innocent till proven guilty’; Delhi HC grants bail
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.