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Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.
Delhi High Court observed that the child who was being examined in the case at hand was in the category of a child witness who is vulnerable and a victim of sexual assault by her own father, and it was not a new phenomenon in criminal jurisprudence.
Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.
Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.
A quick legal roundup to cover important stories from all High Courts in April 2023
Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.
JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.
The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members
The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.
Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.
Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.
Dhanbad POCSO Court said that allegation of informant based on an inquiry in a secret manner that rape, and unnatural offence has been committed against victim child could not be established and prosecution’s case against the accused persons remains doubtful.
Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.
The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.
The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.
NUJS Law Review is the leading student-reviewed law journal of this country and is continuously cited by the Supreme Court with its
Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.
Allahabad High Court granted bail to persons accused of Rape after considering the facts and circumstances of the case, submissions made by the parties, the evidence on record, the inordinate delay in lodging of the FIR by the informant and the fact that the trial is at its conclusive end,
Allahabad High Court held that a woman can also be held guilty of sexual offences and can also be held guilty of gang rape if she has facilitated the act of rape with a group of persons.
The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.