Rape

Case BriefsHigh Courts

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder

High Court Round UpLegal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Case BriefsHigh Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case BriefsHigh Courts

MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021

Case BriefsHigh Courts

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., allowed an appeal which was filed in

Case BriefsHigh Courts

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Orissa High Court: S. K. Panigrahi, J. disposed of the petition and refused to terminate 24+ week pregnancy of a rape victim.

Case BriefsHigh Courts

Megh HC | ”Bail and not Jail” Court grants bail to accused charge sheeted for raping own mother

Meghalaya High Court: W. Diengdoh, J., allowed a bail application which was filed under Section 439 CrPC with a prayer for grant

Case BriefsHigh Courts

Ker HC | “Child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused”; HC acquits father accused of raping his minor daughter

Kerala High Court: The Division Bench of K.Vinod Chandran and C. Jayachandran, JJ., acquitted the father accused of raping his own minor

Case BriefsHigh Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case BriefsSupreme Court

5-year-old raped, killed, thrown into a stream: SC commutes death sentence to life imprisonment

Supreme Court: In a case where a death row convict subjected a 5-year-old girl to rape, killed her by strangulation, and then

Case BriefsHigh Courts

Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]

Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the

Case BriefsHigh Courts

Law on Grant of Bail | Father-in-Law accused of raping own Daughter-in-Law: Read whether Del HC grants bail or not

Delhi High Court: In a case wherein a father-in-law was accused of raping his own daughter-in-law, Subramonium Prasad, J., expressed that, Rape

Case BriefsSupreme Court

What amounts to attempt to rape? Supreme Court explains in a 2005 attempted rape of minor girls 

Supreme Court: In a case where the accused had lured minor girls aged 8 and 9, took them inside the room, closed

Case BriefsHigh Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular

Case BriefsHigh Courts

Guj HC | Man’s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter

Gujarat High Court: Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge

Case BriefsTribunals/Commissions/Regulatory Bodies

CBI | Does not find any fault in the coda but questions the agenda | Accepts CBI’s closure report but questions the investigation

Central Bureau of Investigation (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while accepting the closure report questioned the delayed investigation by the

Case BriefsHigh Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court:  A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case BriefsHigh Courts

Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC’s decision on committing of rape by cab driver joined by his accomplice

Bombay High Court: Pained to note the permitting of questions by the Lower Court which crossed all lines of dignity of a

Case BriefsHigh Courts

Ker HC | Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

Kerala High Court: Shircy V., J., held that argument that now the victim of rape had attained majority and was living happily

Case BriefsHigh Courts

Priest of Temple commits penetrative sexual assault on young girl: Ker HC observes which God would accept obeisance and offerings of such Priest or make him a medium?

Kerala High Court: Expressing, “When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned