Search Results for "Section 376 IPC"

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Gujarat High Court Upholds Acquittal in Rape Case Due to Unreliable Prosecutrix Testimony and Material Contradictions. Appeal under Section 378 CrPC Dismissed as Trial Court's Findings Not Perverse.

The State of Gujarat filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment dated 25.04.2003 p...

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Bombay High Court Upholds Conviction for Simple Hurt in Rape Case Acquittal Appeal — Appellants Acquitted of Rape but Convicted Under Section 323 IPC for Assaulting Prosecutrix.

The appellants, Sonu Babu Pival and Kanta Sonu Pival, were convicted by the Sessions Judge, Pune on 14.8.1996 in Sessions Case No.379 of 1995. They we...

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Gujarat High Court Upholds Conviction for Kidnapping and Abduction in Sessions Case No.16 of 2006 — Acquittal for Rape Stands. Appellant No.2's conviction under Sections 363, 366 and 114 IPC confirmed based on consistent testimony of prosecutrix and medical evidence.

The case arises from a criminal appeal against the judgment of conviction dated 31.07.2005 passed by the learned Fast Track Court, Bhavnagar in Sessio...

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Bombay High Court Acquits Accused in Rape and Abduction Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 363, 366, 376 IPC Set Aside as Prosecutrix's Evidence Found Unreliable and Medical Evidence Not Supporting Rape.

The appellant, Ratan @ Vishvajit Manoranjan Bose, was convicted by the Additional Sessions Judge, Greater Bombay, for offences under Sections 363, 366...

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Bombay High Court Acquits Appellant in Rape Case Due to Unreliable Sole Testimony and Lack of Corroboration. Conviction Under Section 376(1) of Indian Penal Code Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt and Prosecutrix Testimony Found Not Confidence Inspiring.

The appeal arose from a conviction under section 376(1) of the Indian Penal Code for rape, where the appellant, the father-in-law of the prosecutrix, ...

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High Court of Karnataka Quashes Rape FIR in Social Media Dating Case — Consensual Relationship Not Rape. Section 64 of Bharatiya Nyaya Sanhita, 2023 does not apply where sexual intercourse was based on a false promise of marriage but the promise was not the sole basis for consent.

The petitioner, Mr. Sampras Anthony, filed a writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagar...

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Bombay High Court Upholds Conviction of Appellants for Gang Rape, Criminal Trespass, and Criminal Intimidation — Prosecutrix's Testimony Found Credible and Corroborated by Medical and Circumstantial Evidence. Conviction under Sections 376(2)(g), 448, 506(II) read with Section 34 IPC confirmed.

The case arises from an incident during the intervening night of 27/08/1991 and 28/08/1991 at about 1:00 a.m., when the appellants Dinesh Tukaram Tela...

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Bombay High Court Upholds Conviction for Gang Rape Under Section 376(2)(g) IPC — Reduces Fine for Impecunious Appellant. The court found the prosecutrix's testimony credible and consistent, but reduced the fine from Rs.50,000 to Rs.5,000 due to the appellant's inability to pay.

The case involves an appeal against conviction under Section 376(2)(g) IPC for gang rape. The prosecutrix was returning home on 21.7.2008 when the two...

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High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Sampling in Rape Investigation. DNA test is a scientific test not amounting to testimonial compulsion under Article 20(3) of the Constitution of India.

The petitioner, Devappa Halageri, was accused of raping a minor girl, resulting in her pregnancy and delivery of a child. The Koppal Rural Police regi...

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High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Evidence. DNA test is a scientific test and not testimonial compulsion, hence not violative of Article 20(3) of Constitution.

The petitioner, Devappa Halageri, was accused of raping a 16-year-old minor, resulting in her pregnancy and delivery of a girl child. The Koppal Rural...