Judgement

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 […]

Court: HIGH COURT OF KERALA Bench: JUSTICE BECHU KURIAN THOMAS Navaneeth N Nath VS State Of Kerala  8 July 2022 Law Point: Consent based on a false promise to marry amounts to rape only if the promise was made in bad faith. JUDGEMENT 1. This is an application for regular bail filed under Section 439 of the […]

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 […]