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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 Reinstates Conviction in 40-Year-Old Child Rape Case, Overturns High Court’s Acquittal. Silence of a Traumatized Child Witness Not Fatal to Prosecution Case – Medical and Circumstantial Evidence Sufficient for Conviction

Child Witness and Trauma-Induced Silence: The Court held that the silence of a traumatized child victim cannot be used against the prosecution. The ab...

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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 Partially Allowed Appeal — Clarified Sentencing Provisions Under IPC and POCSO Act — Restored Trial Court's Judgment Regarding Life Imprisonment and Fine

Conviction Under Sections 376(2)(f) and 376(2)(i) of Indian Penal Code, 1860 — Sections 3 and 4 of Protection of Children from Sexual Offences Act, ...

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Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

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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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Quashing of FIR and Charge Sheet in Rape Case Based on False Promise of Marriage – High Court Grants Relief to Petitioner. Bombay High Court Quashes FIR and Charge Sheet Under Section 376 IPC, Citing Lack of Prima Facie Case and Ulterior Motive

The Bombay High Court quashed the FIR and charge sheet, holding that: The allegations in the FIR, even if taken at face value, did not prima faci...

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Bail Application Allowed in Alleged Rape and Cybercrime Case Involving Consensual Relationship

Bombay High Court Grants Bail to Applicant in a Case Under the Indian Penal Code, 1860 and Information Technology Act, 2000 – Observes Prima Facie C...

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High Court Upholds General Court Martial Conviction Under POCSO Act. Judicial Review of Court Martial Proceedings – Sexual Offences Against Minors – Scope of High Court’s Jurisdiction Under Article 226

Judicial Review of Court Martial Proceedings: The High Court, under Article 226, can review Court Martial proceedings if there is a denial of fundamen...