Justice G. Girish Archives

Prior consensual relationship does not amount to rape if accused marries another lady in search of ‘greener pasture’: Kerala HC

“The consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love with, on a promise that he would marry her, cannot be considered to be given under a misconception of fact.”

Photograph of place of occurrence of rape

Case Briefs High Courts

Photograph of place of occurrence revealing impossibility of rape is relevant to the trial proceedings: Kerala High Court

“In a prosecution for the offence of rape, the building or the place where the sexual intercourse between the offender and the survivor took place, was one of the facts which constituted the state of things under which the occasion or cause of rape happened.”

Case Briefs High Courts

S. 198-B CrPC bars Magistrate from taking cognizance of rape under S. 376-B IPC without complaint by separated wife: Kerala HC

“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”