Section 376 IPC Archives

Pat HC | Seriousness of “alleged” offence cannot be made a ground for rejecting bail under Juvenile Justice Act, 2015

Patna High Court: In an application challenging the order of rejection of bail passed by Additional Sessions Judge, Ashwani Kumar Singh, J.,

Case Briefs High Courts

Bom HC | “Consent induced by fiduciary relationship not a free consent”: Bom HC while refusing bail to rape accused business partner of victim’s father

Bombay High Court: Bharati Dangre, J., while addressing a petition with regard to the rape of a minor girl, made an observation that:

Case Briefs High Courts

All HC | In rape/sexual assault cases, evidence of the victim alone is sufficient for conviction or corroborative witnesses is a necessity? Explained

Allahabad High Court: Suresh Kumar Gupta, J., while addressing the present jail appeal held that, “…in cases involving sexual assault/rape, it is

Case Briefs High Courts

Ker HC | Anticipatory bail granted on basis of love affair between rape accused and victim and their impending marriage

Kerala High Court: P.V. Kunhikrishnan, J., allowed the anticipatory bail application of the applicant-accused in connection with the FIR registered for offence

Case Briefs High Courts

Bom HC | Rape on pretext of false promise of marriage: Intention of accused from the inception not to marry is to be ascertained

Bombay High Court: M.G. Sewikar, J., denied bail to the applicant accused of deceiving the prosecutrix by giving false promise of marriage who

Case Briefs High Courts

Bom HC | No prima facie case of forcible sexual act; Man accused for rape set free on bail

Bombay High Court: Bharati Dangre, J., granted bail to an accused of rape in light of no prima facie case of non-consensual sexual

Case Briefs High Courts

All HC | Counsel alleged of raping young woman lawyer, granted interim relief from being arrested

Allahabad High Court: A Division Bench of Attau Rahman Masoodi and Rajeev Singh, JJ., addressed the matter wherein the Government Counsel who has

Case Briefs High Courts

Bom HC | No straight jacket formula as to how a woman will react to an act of outrage by a male

Bombay High Court: Bharati Dangre, J., while addressing a bail application made the following observation: There cannot be a straight jacket formula as

Case Briefs High Courts

Bom HC | Accused alleged to have raped repeatedly a 17 year old victim granted bail in view of confession of “consent” by victim for the act

Bombay High Court: Sandeep K. Shinde, J., granted bail to a person accused for alleged offence of committing rape repeatedly, which turned out

Case Briefs High Courts

Ker HC | Rape accused freed as prosecution fails to prove act committed without victim’s consent

Kerala High Court: P.B. Suresh Kumar, J., overturned the conviction of a rape accused by giving him benefit of doubt. Case of the

Case Briefs High Courts

Ker HC | If consent given out of love and passion on a promise of marriage, sexual intercourse is not rape: Court while granting pre-arrest bail to rape accused

Kerala High Court: Raja Vijayaraghavan V, J., allowed pre-arrest bail to the applicant accused of raping a women whom he allegedly met on

Case Briefs High Courts

Ker HC | Surrender can never be considered as consensual acts of sexual intercourse; Sexual intercourse welcomed could be accepted as “consensual”

Kerala High Court: P.B. Suresh Kumar, J., addressed a matter in which a 59 year old man was accused of raping a minor

Case Briefs High Courts

Kar HC | Rape victim falling asleep after perpetration of act is “explanation unbecoming of an Indian women”: Court while granting anticipatory bail to rape accused

Karnataka High Court: Krishna S. Dixit, J., granted anticipatory bail to the petitioner accused of committing sexual offence. Petitioner was accused for the

Case Briefs High Courts

Sikk HC | Minor school girl raped and sexually assaulted by teacher; Conviction under S. 376(2)(f)(i) and (n) of Penal Code — upheld

Sikkim High Court: A Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ. partly allowed the present appeal wherein a

Case Briefs High Courts

HP HC | Gravity of offence alone is no parameter for rejection of bail under S. 439 CrPC; Object and test for grant of bail restated

Himachal Pradesh High Court: Sandeep Sharma , J., allowed the bail petition stating that object of the bail is to secure the attendance

Case Briefs High Courts

Bom HC | Court refuses to quash FIR against rape accused despite settlement where victim’s consent to settlement appears coerced

Bombay High Court: A Division Bench of S.S. Shinde and V.G. Bisht, JJ. refused to quash the FIR and criminal proceedings against

Case Briefs High Courts

Utt HC | Personal liberty is very precious fundamental right and it should be curtailed only when it becomes imperative; Court allows bail application to accused booked under POCSO

Uttaranchal High Court: Alok Kumar Verma, J., allowed a bail application filed for grant of regular bail in connection for the offences

Case Briefs High Courts

Jhar HC | Regular bail granted considering the length of judicial custody

Jharkhand High Court: Rajesh Shankar J., held that the petitioner was in judicial custody for more than a year; hence he is

Case Briefs High Courts

Del HC | Trial Court’s view upheld as FSL Report establishes case of “sexual assault of minor” beyond any reasonable doubt

Delhi High Court: Vibhu Bakhru, J., while dismissing the present appeal upheld the decision of the trial court for offences charged under

Case Briefs High Courts

Guj HC | Two finger test violates the right of victim to privacy, physical and mental integrity and dignity; held unconstitutional

Two Finger test Held — Unconstitutional Gujarat High Court: A Division Bench of J.B. Pardiwala and Bhargav D. Karia, JJ., while deciding