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“If the complaint lodged by the prosecutrix is truthful, instead of extending premium to a rapist and a molester by pushing the helpless rape victim into his matrimony, it would be the duty of the State to ensure her a dignified life by providing her food, shelter and clothing.”
A quick legal roundup to cover important stories from all High Courts this week.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A quick legal roundup to cover important stories from all High Courts this week.
Allahabad High Court said that no new ground has been taken by the accused in the second bail application
The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.
Madhya Pradesh High Court held that under Section 375 of IPC any sexual intercourse or sexual act by the husband with his wife not below the age of fifteen years is not a rape, therefore, absence of consent of wife for unnatural act loses its importance.
The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein
Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.
Gujarat High Court: Samir Dave, J., granted bail to the accused while prohibiting him from accessing the society in which the claimed
Punjab and Haryana High Court: H.S. Madaan, J., rejected the bail application of the applicant accused of committing an act of sodomy
Bombay High Court: Vinay Joshi, J., granted bail to the applicants who were accused of committing offence of unnatural sex without consent and
Supreme Court: The 5-Judge Constitution Bench comprising of CJ Dipak Misra, Rohinton Nariman, A.M Khanwillkar, DY Chandrachud and Indu Malhotra, JJ. addressed