2022 SCC Vol. 2 Part 4
In 2022 SCC Volume 2 Part 4, read a very interesting decision, wherein a death row convict subjected a 5-year-old girl to
Rape
Guj HC | First step of turning him into a hardcore criminal will be sending him behind bars; Court allows bail
Gujarat High Court: A.S. Supehia, J. allowed a bail application in connection with FIR filed for the offences under Sections 363, 366,
Cal HC | Lady IPS Officer directed to investigate in the recent matter of 4 rape cases in the villages
Calcutta High Court: The Division Bench of Prakash Shrivastava, CJ. and Rajarshi Bharadwaj, J. took up a petition and directed Damayanti Sen,
Can promise to marry a married woman be legally enforceable wherein she voluntarily formed sexual relations with a man? Ker HC explains
Kerala High Court: Dr Kauser Edappagath, J., addressed a matter wherein a married woman voluntarily had sex with her former lover. In
Physical relations on Promise to Marry| Long term relationship with intent of marriage ended on hostile terms, would it be covered under S. 376(2)(n) IPC? Del HC explains
Delhi High Court: Noting that the Trial Court failed to perform its duty and rendered a mechanical order, Subramonium Prasad, J., set
In view of changed definition of rape under S. 375 (b) of IPC pari materia to S. 3(b) of POCSO Act, whether sexual intercourse is necessary to attract ingredients of offence of rape or penetrative sexual assault? Chh HC elaborates
Chhattisgarh High Court: Addressing a case wherein a minor girl was subjected to sexual, Deepak Kumar Tiwari, J., held that, In view
Megh HC | FIR and proceedings in Special POCSO Case quashed; Minor ‘victim’ gave birth to child while living with accused as his wife
Meghalaya High Court: W. Diengdoh, J. allowed a petition which was filed praying to quash the criminal proceedings pending in the Court
MP HC | Inquiry ordered against Police Officer for suppressing evidence in rape case
Madhya Pradesh High Court: Vivek Agarwal, J., took up a bail application moved by the Applicant accused for offences punishable under Sections
If a man rubs his organ on vagina over victim’s underpants, would that amount to rape? Megh HC answers
Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ and W. Diengdoh, J., addressed that, if the victim’s underwear was not
Rape or No Rape —That is the Question: An Analysis of Consent on the Basis of a Promise to Marry
by Sudhanshu Chaudhari* and Amit Pai**
Trespassed in house, committed rape, misappropriated money, threatened: Kerala HC denied pre-arrest bail in view of such allegations
Kerala High Court: Shircy V. J., dismissed a bail application wherein a man committed rape with a woman and misappropriated her money
Tattoo Artist alleged to have committed rape: Bail denied as witnesses might get influenced: Kerala Sessions Court
Court of Session, Ernakulam Division: Shibu Thomas, II Additional Sessions Judge, denied bail to tattoo artist alleged of committing rape under Section
[Marital Rape] “Wanton lust, vicious appetite, depravity of senses, loathsome beast of passion, unbridled unleashing of carnal desire of demonish perversion” Kar HC discusses protection provided to husband by the institution of marriage
A man is a man; an act is an act; rape is a rape, be it performed by a man the “husband”
HP HC | Minor girl students raped and subjected to penetrative sexual assault by their teacher: Sanctity of Teacher-Student relationship polluted
Himachal Pradesh High Court: Polluting the sanctity of the relationship of the teacher and students, a teacher committed rape and penetrative sexual
Megh HC | Court affirms trial court’s conviction on the basis of victim’s testimony in POCSO matter
Meghalaya High Court: The Division Bench of Sanjib Banerjee and W. Diengdoh, JJ., while hearing an appeal which challenged the judgment of
On pretext of removing evil spirit from body of a woman who was bipolar in nature, a man lured woman and committed sexual intercourse, but ADJ granted bail: Will HC cancel his bail? Del HC analyses
Delhi High Court: Mukta Gupta, J., cancelled the bail of an accused who lured a female on the pretext of removing an
7-year-old’s “brutal” rape and murder: SC commutes Death sentence; No premature release/remission during 30 years’ LI as “conscience of the society cannot be ignored”
Supreme Court: In a case where a man had brutally raped and murdered a 7-year-old girl, the 3-judge bench of AM Khanwilkar,
Cal HC | Penetration even of the slightest degree is necessary to establish the offence of rape; Court modifies order after 8 years of imprisonment
Calcutta High Court: The Division Bench of Joymalya Bagchi and Bivas Pattanayak, JJ. modified a sentence imposed which was given in relation
82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022
82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to
Children less than 12 years of age are “asexual” and normally take time to recognize that disguised love, affection or warmth by perpetrator is sinful: Tis Hazari Courts, Delhi
Tis Hazari Courts, Delhi: Dharmesh Sharma, Principal District & Sessions Judge, found a 28-year-old man guilty of committing aggravated penetrative sexual assault