Sexual Crime Judgements

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