Archive for Shonee Kapoor

Court: HIGH COURT OF DELHI Bench: JUSTICE S.P.GARG State vs Sumit Kumar on 6 June, 2017 Law Point: Consensual relationship without credible evidence of false marriage promise cannot be termed rape; appellate courts avoid interfering in justified acquittals. JUDGEMENT 1. The instant appeal has been preferred by the State to impugn the judgment dated 04.01.2013 of learned Additional […]

Court: HIGH COURT OF GUJARAT Bench: JUSTICE B.N. KARIA Manjulaben Vitthalbhai Gevariya vs State Of Gujarat on 29 March, 2022 Law Point: Anticipatory bail granted as allegations under Atrocities Act lacked specifics; complainant stayed separately, no prima facie case made out. JUDGEMENT From the cause list, it appears that notice was duly served to respondent No.2 […]

Court: Delhi High Court Bench: JUSTICE MUKTA GUPTA Jagdish Nautiyal vs State Of Nct (Delhi) on 9 November 2016 Law Point: Deceitfully inducing belief of lawful marriage through registration, despite prior marriage, attracts Sections 376 and 493 IPC for conviction. JUDGEMENT 1. Convicted for offences punishable under Sections 376/493 IPC Jagdish Nautiyal challenges the impugned judgment dated January […]

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 […]