Rape

Madras High Court
Case BriefsHigh Courts

“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”

Allahabad High Court
Case BriefsHigh Courts

“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”

Gauhati High Court
Case BriefsHigh Courts

The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.

preliminary assessment
Case BriefsSupreme Court

“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”

Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.

Reproductive autonomy
Case BriefsSupreme Court

“Pregnant persons seeking termination of pregnancy seek predictability for their future. The uncertainty caused by changing opinions of the medical board must therefore balance the distress it would cause to the pregnant person by providing cogent and sound reasons.”

Meghalaya High Court
Case BriefsHigh Courts

“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”