Archive for Shonee Kapoor

Court: HIGH COURT AT CALCUTTA Bench: JUSTICE RAJASEKHAR MANTHA, J. Kalam Sk vs The State Of West Bengal on 20 September 2018 Law Point: Consent in love affair isn’t rape under Section 376 IPC unless promise to marry was false from the beginning and proven. JUDGEMENT 1. The instant appeal is directed against a judgment and […]

Court: Madhya Pradesh High Court Bench: JUSTICE S.K. Gangele & Anurag Shrivastava Rishabh Saxena vs The State Of Madhya Pradesh on 8 August 2017 Law Point: Rape conviction requires proof of malafide intent; breach of marriage promise, delay, or misconception doesn’t automatically constitute rape. JUDGEMENT 1. This appeal under Section 374(2) of Cr.P.C. has been directed by the appellant/accused […]

Court: HIGH COURT OF JUDICATURE AT BOMBAY Bench: JUSTICE MRIDULA BHATKAR, J. Shri Kunal Mandaliya vs The State of Maharashtra on 19 DECEMBER 2016 Law Point: Promise of marriage does not invalidate consent for sex; charges for rape dismissed, but cheating, hurt, and intimidation upheld. JUDGEMENT 1. Rule. By consent, Rule made returnable forthwith and heard […]

Court: Delhi High Court Bench: JUSTICE SUNITA GUPTA, J. Rohit Tiwari vs State on 24 May 2016 Law Point: If a fully grown up lady had consensual sex with a person for long time, it is promiscuity on her part and not an act induced by misconception of fact  JUDGEMENT 1. Challenge in this appeal is to […]

Court: Delhi High Court Bench: JUSTICE S.P.GARG, J. Hari Mohan Sharma vs State Of Nct Of Delhi on 7 January 2016 Law Point:  JUDGEMENT 1. The appellant – Hari Mohan Sharma has preferred the instant appeal to challenge the legality and correctness of a judgment dated 25.11.2013 of learned Addl. Sessions Judge in Sessions Case […]

Court: Delhi High Court Bench: JUSTICE PRATIBHA RANI, J. Geeta Sharma vs State Nct Of Delhi & Anr on 21 July 2017 Law Point: Testimony of a hostile prosecutrix leading to acquittal is upheld unless substantial evidence shows misapplication of law or perversion. JUDGEMENT 1. By way of this petition, petitioner is seeking leave to appeal […]

Court: HIGH COURT OF KERALA Bench: JUSTICE P.UBAID Ratheesh Vs State Of Kerala on 13 January 2017 Law Point: The court acquitted the accused, finding the sexual acts consensual based on evidence, and set aside the rape conviction. JUDGEMENT 1. The appellant herein challenges the conviction and sentence against him under Section 376 IPC in S.C.No.125 […]

Court: Delhi High Court Bench: JUSTICE V.K. JAIN, J. Nikhil Parasar vs The State Govt. Nct Of Delhi on 1 February 2010 Law Point:  JUDGEMENT 1. This is a petition under Section 438 of the Code of Criminal Procedure for grant of bail. The case of the prosecution, in a nutshell, is that the parents […]

Court: Delhi High Court Bench: JUSTICE CHANDRA DHARI SINGH Joy Dev Nath vs State Of N.C.T. Of Delhi on 28 January 2022 Law Point: S. 3(1)(w) Of SC/ST Act Does Not Come Into Play When Offence Had No Reference To Prosecutrix’s Caste JUDGEMENT (THROUGH VIDEO CONFERENCING) CHANDRA DHARI SINGH, J. 1. The present application has […]

Court: HIGH COURT OF DELHI Bench: JUSTICE SUBRAMONIUM PRASAD Shailendra Kumar Yadav vs State on 5 April 2022 Law Point: The Court emphasized the need for evidence showing fraudulent intent to vitiate consent in rape cases under false marriage promises. JUDGEMENT 1. This petition under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C. has been filed […]