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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Court Affirms Conviction Upholds Justice Despite Previous Acquittals. Ensuring Justice Prevails: Court Upholds Conviction Despite Challenges, Highlights Significance of Victim Testimony

The respondents were convicted by the High Court of Himachal Pradesh under Section 376(2)(g) IPC for an incident dating back to 1989. They were senten...

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Supreme Court Quashes Criminal Proceedings in Rape Case Due to Lack of Inducement and Consensual Relationship. Court Found No Promise of Marriage Before Sexual Intercourse and Victim's Statements Revealed Consent, Making Prosecution Abuse of Process Under Section 482 CrPC.

The Supreme Court heard an appeal against the High Court's rejection of an application under Section 482 of the Code of Criminal Procedure, 1973, seek...

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High Court Acquits Accused in IPC 376/511 and 448 Conviction Due to Contradictory Medical Evidence and Unreliable Witnesses. Conviction Set Aside as Multiple Medical Certificates Conflicted and Prosecution Witnesses Gave Material Omissions, Rendering Guilt Not Proved Beyond Reasonable Doubt.

The appeal was preferred against the judgment of the Additional Sessions Judge, Nagpur in Sessions Trial No. 214/2002, convicting the appellant for th...

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Bombay High Court Upholds Conviction for Cheating in Promise-to-Marry Case — Acquittal for Rape Stands. Accused convicted under Section 417 IPC for inducing sexual intercourse on false promise of marriage, but acquitted of rape as consent was not vitiated.

The appellant, Lahanu Waman Kharde, was convicted by the Additional Sessions Judge, Sangamner, for the offence punishable under Section 417 of the Ind...

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Bombay High Court Acquits Convict in Rape Case Due to Inconsistent Evidence and Consent — Conviction Under Section 376 IPC Set Aside as Prosecution Failed to Prove Absence of Consent Beyond Reasonable Doubt

The appellant, Munja s/o Jijabhau Bhange, was convicted by the Additional Sessions Judge, Parbhani, for an offence punishable under Section 376 of the...

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Bombay High Court Quashes Rape Case Against Applicant in Consensual Relationship with Promise to Marry — No Offence of Rape Made Out When Physical Relations Were Consensual and Promise to Marry Was Not False from Inception.

The applicant, Devendra s/o Vikas Pawar, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Spe...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Age Discrepancy. Consent-Based Sexual Relationship Not Rape Under Section 375 IPC as Promise of Marriage Was Not False from Inception.

The appellant, Amit Shende, was convicted by the Special Judge, Nagpur, for offences under Section 376(2)(n) of the Indian Penal Code (IPC) and Sectio...