Archive for Shonee Kapoor

Court: HIGH COURT OF KERALA Bench: JUSTICE A.Muhamed Mustaque Ramachandran @ Chandran vs State of Kerala on 30 March 2022 Law Point: Consent obtained through a false promise of marriage is invalid under IPC Section 90; prosecution must prove intent to deceive. JUDGEMENT 1. In what circumstances does sex on a promise to marry become rape? Does the law […]

Court: Madhya Pradesh High Court Bench: JUSTICE C V SIRPURKAR Khemraj Patel vs The State Of Madhya Pradesh on 6 March 2017 Law Point: Bail granted under SC/ST Act considering victim’s understanding, absence of coercion, long custody, and strict conditions to prevent absconding. JUDGEMENT None for the victim though notice has been served upon her mother. Heard on […]

Court: HIGH COURT OF JUDICATURE AT BOMBAY Bench: JUSTICE MRIDULA BHATKAR  Mahesh Balkrishna Dandane vs The State of Maharashtra on 12 March 2014 Law Point: Consensual relationship based on a failed promise to marry is not always rape; context, consent, and intention are crucial. JUDGEMENT 1. Heard. The Application for intervention is allowed. 2. Application No. 27 of […]

Court: Patna High Court Bench: JUSTICE Ashutosh Kumar, J Om Prakash Mishra vs The State Of Bihar on 29 March 2018 Law Point: False promise of marriage does not constitute rape unless made with intent to deceive, vitiating consent under Section 90 IPC. JUDGEMENT HONOURABLE MR. JUSTICE ASHUTOSH KUMAR CAV JUDGMENT Date: 29-03-2018 The appellant/Om Prakash Mishra has […]

Court: Rajasthan High Court Bench: JUSTICE SANDEEP MEHTA Sanjay Singh Jethi vs State & Anr on 25 May 2018 Law Point: Consensual relationship misused to coerce marriage doesn’t constitute rape; FIR quashed as abuse of legal process under Section 482 CrPC. JUDGEMENT HON’BLE MR. JUSTICE SANDEEP MEHTA Judgment Date of Judgment: 25/05/2018 Through this miscellaneous petition under Section […]

Court: Madhya Pradesh High Court Bench: JUSTICE VIVEK AGARWAL Raj Shah vs The State Of Madhya Pradesh on 3 July 2018 Law Point: Charges under SC/ST Act need clear allegation that offence was caste-motivated and accused knew victim belonged to Scheduled Caste. JUDGEMENT Heard. Petitioner has filed this criminal revision under Sections 397 and 401 of the Criminal […]

Court: Delhi High Court Bench: JUSTICE ANU MALHOTRA Prashant Kumar Singh vs State (Govt. Of Nct Of Delhi) on 15 June 2018 Law Point: Bail granted as FIR lacked specific cruelty or dowry allegations; court emphasized misuse of 498A in matrimonial disputes. JUDGEMENT 1. Vide the present bail application no. 2195/2017, the applicant / petitioner seeks the […]

Court: Madhya Pradesh High Court Bench: JUSTICE S. K. Awasthi Mithlesh Vishwakarma vs The State Of Madhya Pradesh on 11 September, 2017 Law Point: Anticipatory bail granted when consensual relationship is established, prosecutrix is over 17, and DNA confirms paternity. JUDGEMENT Mr.Satyendra Jyotishi, learned counsel for the appellant. Mr.Arvind Singh, learned Government Advocate for the State. This is […]

Court: Madhya Pradesh High Court Bench: JUSTICE S. K. Awasthi Udaypal Singh vs The State Of Madhya Pradesh on 7 March, 2019 Law Point: Consensual physical relationship without false promise of marriage does not constitute rape; FIR can be quashed under Section 482 Cr.P.C. JUDGEMENT (1). The applicant/accused has preferred this petition under Section 482 of CR.P.C. for […]

Court: HIGH COURT OF MADHYA PRADESH Bench: JUSTICE NAVEEN KUMAR SARATHE Sattar Sheikh Mansoori vs The State Of Madhya Pradesh on 21 August, 2018 Law Point: Anticipatory bail can be granted if no prima facie SC/ST offence exists or FIR is filed with malice. JUDGEMENT None for the respondent No.2/complainant despite compliance of provision of Section 15(A)(III) of […]