Sexual Crime Judgements

Court:HIGH COURT OF DELHI
Attempt to rape. Star witness is the prosecutrix herself – MLC of the victim and the FSL report do not support the version of the prosecution – Testimony of the prosecutrix being full of inherent contractions – prosecutrix having taken conflicting stands she could not be termed as a witness of sterling quantity.

Court:DELHI HIGH COURT
Testimony of baby gives clear impression that she was coached and tutored before she gave statement — Medical evidence did not support commission of rape — Delay in lodging FIR has remained unexplained — Judgment of acquittal enhances presumption of innocence of accused.

Court:DELHI HIGH COURT
Prosecution failed to bring home any of the charges against appellant beyond reasonable doubt — Prosecutrix‘s post-event conduct is unnatural and unacceptable — Prosecutrix was consenting party — She was aware that she was being administered I-pill for prevention of pregnancy.

Court: SUPREME COURT OF INDIA
Prosecutrix was an adult and mature lady aged around 40 years at the time of incident. She admitted that she was in relationship with Appellant for two years prior to incident and he used to stay overnight at her residence. Evidence as a whole including FIR, testimony of prosecutrix and report prepared by medical practitioner clearly indicate that the story of prosecutrix regarding sexual intercourse on false pretext of marrying her is concocted and not believable. Sexual acts between Appellant and prosecutrix seem to be consensual in nature. Case set up by prosecutrix seems to be highly unrealistic and unbelievable.

Court:DELHI HIGH COURT
The prosecutrix was a consenting party and she and her mother opted to exonerate him in their cross-examination, the Sentence Order is modified .

Court:DELHI HIGH COURT
Wrongful Confinement — Outraging modesty of woman — Rape. No external injuries found on body of prosecutrix ruling out ‘force’ used by accused to ravish her — FSL reports absolve accused of commission of rape — Case of prosecution suffers from inherent inconsistencies and flaws and statement of prosecutrix cannot be taken on its face value to base conviction.

Court:SUPREME COURT OF INDIA
The gaps in the evidences of the prosecutrix and the medical officer make it highly improbable that sexual intercourse took place. It would be erroneous to rely upon such discrepant testimonies and convict the accused. It can thus be stated with certitude that the solitary evidence of the prosecutrix, in absence of any corroboration by the medical evidence, is not of such quality which can be relied upon. The accused-Respondent is, therefore, entitled to benefit of doubt.

Court:DELHI HIGH COURT
Physical relations were outcome of free consent of appellant and prosecutrix and she was willing and consenting party — It did not attract Section 376, IPC.

Court:DELHI HIGH COURT
Section 376- Anticipatory bail S. 438-The petitioner has joined investigation. The parties were acquainted with each other before the incident. Physical relation between the two took place allegedly on pretext of marriage. Petitioner is granted anticipatory bail.

Court:DELHI HIGH COURT
Status report reveals that the petitioner and and the prosecitrix were acquainted with each other – Physical relations were established on several occasions between them. The prosecutrix is married and a major lady. Bail granted to petitioner.

Court:SIKKIM HIGH COURT
Existence of preponderance of probability – Not sufficient to establish prosecution case, which must be proved beyond all reasonable doubt, which prosecution failed – Accused Acquitted.

Court: Himachal Pradesh High Court
Abduction and Rape – Sexual intercourse on pretext of marriage – Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in lodging FIR – Accused acquitted.

Court: HIMACHAL PRADESH HIGH COURT
Protection of Children from Sexual Offences Act, 2012 – Glaring inconsistencies found in statement of prosecutrix and her mother about occurence of alleged incident, which has not satisfactorily explained by by prosecution. There are major contradictions in the statements of mother and father of the prosecutrix. Accused rightly acquitted.

Court:KERALA HIGH COURT
Presumption – In a criminal presumption case can arise only when prosecution has adduced facts forming foundation of case – Thus, it is illegal to convict accused on basis of presumption u/s 29 of the Act alone.

Court: HIMACHAL PRADESH HIGH COURT
Medical evidence shows prosecutrix habitual of sexual intercourse. Delay of one day in reporting the matter to police not explained by prosecution – Prosecution failed to prove its case against accused – Accused rightly Acquitted.

Court:HIGH COURT OF HIMACHAL PRADESH
It was un-believable that despite bitterness in relation and denial to marry her, prosecutrix had been enjoying company of Accused – It could be safely presumed that relationship as alleged was not being continued by prosecutrix for assurance of marriage but for other reasons, which did not constitute offence – Testimony of Prosecutrix was un-believable and was not of worth credence – It could not be said that Prosecution was able to prove its case, beyond reasonable doubt.

Court:DELHI HIGH COURT
Rape — Consent — Fraud — False promise of marriage alleged — Relationship developed — During subsistence of earlier marriage there could have been no false promise to marry complainant by accused petitioner — In view of admitted position in FIR and supplementary statement of complainant recorded during course of investigation that complainant had not legally divorced from her husband, subsistance of earlier marriage, there could be no promise to marriage to respondent No. 2 — Allegations that fraud played on her for receiving consent for sex cannot be substantiated — FIR quashed.

Court:PUNJAB AND HARYANA HIGH COURT
Rape -Acquittal- Allegation that she was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in view of the fact that there is no evidence at all to prove this allegation, except the bald statement of the prosecutrix.

Court: HIGH COURT OF DELHI
Prosecutrix fails to establish promise to marry. Physical relations with consent. Appellants conduct is unfair/unreasonable but not amounting to Rape

Court: Karnataka High Court
Willing partner, complainant had opportunity to complain on many occasions, continued to stay with accused. Acquital.

Court: Supreme Court of India
Physical relationship between parties with consent of prosecutrix, not tantamount to committing rape. Allegation of “false promise of marriage” raised by prosecutrix is of no consequence

Court: HIGH COURT OF DELHI
Prosecutrix did not appear to be such vulnerable lady that she would not raise her voice on being immensely exploited over such long period of time. AB granted

Court: Supreme Court of India
Father dicharged of allegation of Sexual abuse of daughter

Court: Supreme Court of India
Consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact

Court: HIGH COURT OF DELHI
Caught in Extra Martial Affair, wife slapped rape case

Court: HIGH COURT OF DELHI
Testimony of the prosecutrix is not the gospel truth on which implicit reliance can be blindly placed. No medical, contradictory account of incidence by prosecutix 

Court: Supreme Court of India
False rape case, quashed by Delhi High Court

Court: Delhi High Court
Law Point: Gaps in evidence, Several discrepencies in evidence