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In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother.
Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.
The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.
Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.
As the judgment is openly available on the Indian Kanoon and is also accessible through any web search on Google Search, the Court directed that the name of the petitioner must be masked on the Indian Kanoon portal.
The Allahabad High Court had directed the Astrology Department of Lucknow University to determine if the alleged rape victim is a Mangalik, after the accused refused to marry her due to her Mangal Dosh.
Allahabad High Court directed the Head of Astrology Department, Lucknow University to submit the report in a sealed cover within three weeks.
At this stage of bail, it can hardly be said with any conviction that the promise of marriage made by the petitioner to the prosecutrix is ex-facie false; and that it has been made in bad faith, with no intention of being adhered to when it was given.
Holding that commission of rape on a woman’s dead body would not attract Ss. 375 and 377, Penal Code, 1860, the Court pointed out that its high time for the Central Government to consider amending S. 377 or introduce a specific provision to address necrophilia, sadism.
Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.
Delhi High Court observed that the child who was being examined in the case at hand was in the category of a child witness who is vulnerable and a victim of sexual assault by her own father, and it was not a new phenomenon in criminal jurisprudence.
Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.
Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.
A quick legal roundup to cover important stories from all High Courts in April 2023
Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.
JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.
The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members
The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.
Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.
Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.