January 2020

Rape—DNA test—Under the provisions of Section S3-A Cr.P.C., it is imperative for the prosecution to go in for DNA test of accused

By | January 19th, 2020|Rape|

Read More
Comments Off on Rape—DNA test—Under the provisions of Section S3-A Cr.P.C., it is imperative for the prosecution to go in for DNA test of accused

Rape—Minor Girl—Determination of age—When in the school transfer certificate name of original school from which student was transferred, was not mentioned, such certificate could not be relied upon

By | January 19th, 2020|Rape|

Read More
Comments Off on Rape—Minor Girl—Determination of age—When in the school transfer certificate name of original school from which student was transferred, was not mentioned, such certificate could not be relied upon

October 2019

Confession before Police—The expression ‘Magistrate’ appearing in Section 26 of the Evidence Act includes Executive Magistrate’ and not only the ‘Judicial Magistrate’—Therefore, the confession made in the immediate presence of Executive Magistrate while accused is in police custody, held to be admissible in evidence Rape—Compensation—Mentally ill girl was gang raped and brutally murdered—In addition to death sentence directions issued that a sum of Rs.5O lakhs be recovered from appellants/accused by attaching/ selling their respective immovable properties

By | October 2nd, 2019|Rape|

Read More
Comments Off on Confession before Police—The expression ‘Magistrate’ appearing in Section 26 of the Evidence Act includes Executive Magistrate’ and not only the ‘Judicial Magistrate’—Therefore, the confession made in the immediate presence of Executive Magistrate while accused is in police custody, held to be admissible in evidence Rape—Compensation—Mentally ill girl was gang raped and brutally murdered—In addition to death sentence directions issued that a sum of Rs.5O lakhs be recovered from appellants/accused by attaching/ selling their respective immovable properties

August 2018

Rape–Acquittal–SCST–In the absence of evidence proving intention of the appellant in committing the offence only because she belongs to Scheduled Caste community, the conviction of the appellant under SC ST Act cannot be sustained.

By | August 4th, 2018|Rape|

Read More
Comments Off on Rape–Acquittal–SCST–In the absence of evidence proving intention of the appellant in committing the offence only because she belongs to Scheduled Caste community, the conviction of the appellant under SC ST Act cannot be sustained.

March 2018

Rape—Acquittal—As per ossification reportage of victim was 15-17 years-­Benefit of margin of 2 years had to be given and the benefit of doubt had to go to the accused.

By | March 2nd, 2018|Rape|

Read More
Comments Off on Rape—Acquittal—As per ossification reportage of victim was 15-17 years-­Benefit of margin of 2 years had to be given and the benefit of doubt had to go to the accused.

January 2018

Rape—Termination of Pregnancy—Rape victim having 32 weeks old pregnancy—Abortion not feasible at such advance stage—State directed to bear all expenses for treatment.

By | January 10th, 2018|Rape|

Read More
Comments Off on Rape—Termination of Pregnancy—Rape victim having 32 weeks old pregnancy—Abortion not feasible at such advance stage—State directed to bear all expenses for treatment.

August 2017

Rape—Minor Victim—Delay in lodging FIR—Sexual assault on a girl aged nine years by her uncle—Incident came into light after 3 years—Accused convicted. Rape—Safe Testimony—Seeking corroboration to a statement before relying upon the same as a rule, in such cases, would literally amount to adding insult to injury.

By | August 10th, 2017|Rape|

Read More
Comments Off on Rape—Minor Victim—Delay in lodging FIR—Sexual assault on a girl aged nine years by her uncle—Incident came into light after 3 years—Accused convicted. Rape—Safe Testimony—Seeking corroboration to a statement before relying upon the same as a rule, in such cases, would literally amount to adding insult to injury.

June 2017

Criminal Procedure Code, 1973, S.482-Kidnapping-Rape-Proclaimed Offender-Quashing-Held; Petition disposed of with directions that if petitioner surrenders within stipulated period, then he would be released on interim bail

By | June 26th, 2017|Quashing, Rape|

Read More
Comments Off on Criminal Procedure Code, 1973, S.482-Kidnapping-Rape-Proclaimed Offender-Quashing-Held; Petition disposed of with directions that if petitioner surrenders within stipulated period, then he would be released on interim bail

February 2017

January 2017

December 2016

Rape– Pre mature release—Appellant was convicted only for rape and his co-accused for murder—Case of appellant would fall under clause where under a convict is required to undergo 10 years actual sentence and not less than 14 year with remission.

By | December 2nd, 2016|Rape|

Read More
Comments Off on Rape– Pre mature release—Appellant was convicted only for rape and his co-accused for murder—Case of appellant would fall under clause where under a convict is required to undergo 10 years actual sentence and not less than 14 year with remission.

November 2016

October 2016

Copyright 2020 ABOUT PH LAW | All Rights Reserved |