Section 376 IPC Archives

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

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

Case Briefs High Courts

HP HC | Court is under Constitutional obligation to safeguard the interests of the victim, accused, society, and State; Bail granted

Himachal Pradesh High Court: Anoop Chitkara, J., allowed a bail petition of an accused who was under arrest due to an FIR

Case Briefs High Courts

Del HC | Conviction for rape on the basis of medical evidence refused where testimony of the prosecutrix does not inspire confidence

Delhi High Court: A Division Bench of Manmohan and Sangita Dhingra Sehgal, JJ., dismissed a criminal leave petition filed by the State against

Case Briefs High Courts

MP HC | Sole reason of delay in lodging FIR, by itself, is not a ground to quash the FIR

Madhya Pradesh High Court: Rajeev Kumaar Dubey, J., addressed a petition filed under Section 482 of the Code of Criminal Procedure for

Case Briefs High Courts

Del HC | Promise to marry cannot be held out as inducement to have physical relationship over indefinite period, FIR alleging rape quashed

Delhi High Court: Vibhu Bhakru, J. while disposing of the petition upheld the decision of the trial court on finding no infirmity

Case Briefs High Courts

Bom HC | No sentence imposed on accused convicted under S. 376 IPC who was a juvenile at the time of commission of offence but attained majority when convicted

Bombay High Court: A Division Bench of Pradeep Nandrajog, CJ and Bharati Dangre, J. disposed of clubbed appeals arising out of the

Case Briefs High Courts

Ori HC | Delay in lodging FIR in rape cases cannot be used as a ground against prosecution’s case

Orissa High Court: S.K. Sahoo, J. dismissed a criminal appeal for the acquittal of the appellant under Section 376 of the Penal

Case Briefs High Courts

Sikk HC | Lack of injury on genitals of victim not conclusive proof of non-commission of rape – ocular testimony of victim has greater evidentiary value vis-a-vis medical evidence

Sikkim High Court: Bhaskar Raj Pradhan, J. hearing a criminal appeal filed by a person convicted of rape and sexual assault under

Case Briefs High Courts

Bom HC | Application for quashing FIR under S. 376 IPC rejected where prima facie material warrants trial

Bombay High Court: S.S. Shinde, J. denied to quash the charges under Sections 376 and 420 IPC as prayed by the petitioner

Case Briefs High Courts

Tri HC | Consent obtained for intercourse on false promise of marriage attracts S. 90 IPC; conviction for rape under S. 376 IPC upheld

Tripura High Court: Sanjay Karol, CJ, dismissed a criminal appeal filed against the decision of the Additional Sessions Judge whereby the appellant was

Case Briefs High Courts

Del HC | Presumption under S. 114-A of Evidence Act to be attracted only when facts of sexual intercourse is proved

Delhi High Court: A Bench of Manmohan and Sangita Dhingra Sehgal, JJ. dismissed an appeal filed by the prosecutrix under Section 372 CrPC

Case Briefs High Courts

Megh HC | To contend that re-trial helped prosecution fill up gaps and lacuna is otiose theory where no such plea agitated during the re-trial

Meghalaya High Court: A Bench of Mohammad Yaqoob Mir, CJ, and H.S. Thangkhiew, J. dismissed an appeal filed against the trial court decision