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Category: Rape

Rape

Rape—False Case—Police authorities are at liberty to proceed against the prosecutrix for lodging a false case

October 4, 2020 phlaw
Rape

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

January 19, 2020 phlaw
Rape

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

January 19, 2020 phlaw
Rape

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

October 2, 2019 phlaw
Rape

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.

August 4, 2018 phlaw
Rape

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.

March 2, 2018 phlaw
Rape

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.

January 10, 2018 phlaw
Rape

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.

August 10, 2017 phlaw
Quashing Rape

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

June 26, 2017June 26, 2017 phlaw
Acquittal Rape

Rape–Acquittal — Improbable story

February 10, 2017February 10, 2017 phlaw

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