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Supreme Court Dismisses Appeal by Former Judicial Officer in Sexual Offence Case, Upholding Charges Under Sections 376(2)(f), 417, and 506 IPC Based on Prima Facie Evidence of False Promise to Marriage and Exploitation

<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual rel...

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Supreme Court Allows Appeal in Rape Case - Discharge Order Restored as Consent Was Not Based on Misconception of Fact - Relationship Between Married Parties Was Consensual

<p>The Supreme Court allowed the appeal filed by the Appellant against the High Court's order which had set aside his discharge in a rape case -...

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Supreme Court Upholds Conviction Under Section 302 IPC in Land Dispute Homicide Case. Premeditation and Use of Deadly Weapons Establish Murder – Appeal Dismissed

Premeditation and Intent: Armed trespass and targeting a vital body part (head) with deadly weapons conclusively proved murder under Section 302 IPC (...

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Supreme Court Modified Conviction from Section 302 IPC to Section 304 Part I IPC Due to Lack of Premeditation. Sudden Fight Over Agricultural Land Dispute—No Premeditation—Conviction Altered to Culpable Homicide Not Amounting to Murder

A sudden fight without premeditation, even if leading to death, does not constitute murder under Section 302 IPC but falls under Section 304 IPC. Test...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, ex...

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Conviction under Section 376 and Section 323 of the Indian Penal Code, 1860 – Affirmed by the Supreme Court – Delay in FIR not fatal – Sole testimony of prosecutrix trustworthy.

Sole testimony of the prosecutrix, if trustworthy, is sufficient for conviction. (Para 10) Absence of injuries does not automatically negate rape alle...

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Supreme Court Quashed Criminal Proceedings Citing Consensual Relationship — No Element of Deceit or Misconception of Fact

Long-Standing Consensual Relationship Cannot Be Construed as Rape Based on Alleged False Promise of Marriage — Prosecution Held as Gross Abuse o...

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Supreme Court Dissolves Marriage on Grounds of Irretrievable Breakdown, Quashes Extradition Proceedings, and Awards Permanent Alimony

Supreme Court Exercises Powers Under Article 142 of the Constitution of India to Dissolve Marriage, Quash Litigations, and Direct Release of Impounded...