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Landmark Judgments and Articles on Law

Rape – Statement of prosecutrix alone is sufficient for the trial to go on

IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD BAIL APPLN. 1168/2021 CRL.M.(BAIL) 369/2021; 5th July, 2021 SAURABH BALI Vs. STATE Petitioner Through Mr. N. Hariharan, Senior Advocate with Mr. Sidhart Yadav, Mr. Akshay Bhandari, Mr. Varun Deswal, Mr….

Longer voluntery sexual relation with promise of the marriage is not Rape

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 635 OF 2020 (Arising out of SLP (Crl.) No.393 of 2020) MAHESHWAR TIGGA …APPELLANT(S) VERSUS THE STATE OF JHARKHAND …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant assails his conviction under…

Whether court can compel the victim of Rape to undergo DNA test?

ALLAHABAD HIGH COURT Case :- CRIMINAL REVISION No. – 477 of 2021 Revisionist :- Gulafsa Begum Opposite Party :- State of U.P. Coram: Hon’ble Mrs. Sangeeta Chandra,J. Dated:  3.12.2021 (1) Heard the learned counsel for the parties and perused the record. (2) This Criminal Revision has…

BAIL, Consensual sex is not Rape

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.205 OF 2020 Vishnu Sitaram Sarode Applicant versus The State of Maharashtra Respondent Mr.Ganesh Gupta i/by G.G.Legal Associates for applicant. None present for Respondent no.2. Mr.S.R.Agarkar, APP, for State. CORAM : PRAKASH…

BAIL : Being in live-in relationship sufficient to show that sexual relationship was consensual

IN THE COURT OF SESSIONS AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI CRIMINAL BAIL APPLICATION NO. 1118 OF 2021 IN ( C.R. No. 588 of 2021 of Vile Parle Police Station ) XXXXXX ..Applicant Vs The State of Maharashtra ( through Vile Parle Police Station )…

Allowing Videos/Photos of Rape Victims to remain on Social Media is Violate their Fundamental right to Privacy

HIGH COURT OF ORISSA: CUTTACK BLAPL No.4592 OF 2020 (In the matter of an application under Section 439, Criminal Procedure Code, 1973) Subhranshu Rout @ Gugul … Petitioner Versus State of Odisha … Opposite Party For petitioner : Shri Bibhuti Bhusan Behera and S. Bahadur,…

Whether the court can release accused on bail if the complainant has failed to give material particulars about the incident in FIR?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION (ST) NO.2676 OF 2020 Ezzakk Shashikumar Naik .. Applicant versus The State of Maharashtra .. Respondent … Mr.Ashok Tajane for the Applicant. Mr.P.H.Gaikwad, APP for the State. CORAM: BHARATI DANGRE, J….

MP HC: Accused can apply for Anticipatory bail even if the Police has declared him Proclaimed offender

HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR :SINGLE BENCH: SHRI JUSTICE ANAND PATHAK MISCELLANEOUS CRIMINAL CASE NO.5621/2020 Balveer Singh Bundela Vs. State of Madhya Pradesh {Delivered on 12th day of May, 2020} 1. This is first bail application preferred by the applicant under Section…

Whether it is necessary to prove that accused caused death of Rape victim with mensrea for applicability of S 376A of IPC?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1523-1524 OF 2019 [Arising out of Special Leave Petition(Crl.)Nos. 9254- 9255/2019 CRL.M.P. Nos. 5704-5705 OF 2017] Ravishankar @ Baba Vishwakarma ….. Appellants(s) VERSUS The State of Madhya Pradesh …..Respondents(s) JUDGMENT SURYA KANT, J….

Precaution to be taken by Investigating officer for Preserving Electronic Evidence in Mobile phone

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl. No. 7022 of 2018 Decided On: 02.11.2018 Vijesh Vs. The State of Kerala and Ors. Hon’ble Judges/Coram: Raja Vijayaraghavan V., J. 1. This application is filed under Section 439 of the Cr.P.C. 2. The applicant…

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