Dr. Justice Neela Gokhale Archives

[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC

“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”

Case Briefs High Courts

Callous investigation in sexual assault case brought before Additional Chief Secretary (Home Dept.); Bombay HC directs strict remedial measures

The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.

Case Briefs High Courts

‘Feeble excuses’; Bombay HC directs administrative action against Judicial Magistrate for non-compliance with order for expeditious disposal of trial

The Judicial Officer’s feeble excuses made in favour of non-compliance with the Court order could not be accepted; Judicial Officer is not performing duties seriously.

Case Briefs High Courts

[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Case Briefs High Courts

‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty

The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.

Case Briefs High Courts

‘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.