Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: RAJASTHAN HIGH COURT Bench: JUSTICE SANGEET LODHA State vs Megha On 31 July 2017 Law Point: Absence of cogent evidences on record. Charges against the accused not proved. JUDGEMENT 1. This leave to appeal u/s. 378 Cr.P.C. has been filed by the State, aggrieved by the judgment and order dated 16.7.16 passed by the […]
Would Removing Exception 2 from the Rape Law Benefit Indian Women? Sec 375 of the IPC (Rape: Proposed Section 63 of The Bharariya Nyaya Sanhita, 2023) mentions rape as “sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud, or at a time when she has been intoxicated or […]
Court: Delhi High Court Bench: JUSTICE VINOD YADAV State Vs. Gaurav Jain On 18 February 2015 Law Point: False implication of the accused. prosecution has failed to prove the charges framed against the accused in the matter beyond reasonable doubt. The accused Gaurav Jain accordingly stands acquitted in the matter. JUDGEMENT BRIEF FACTS OF THE CASE: The […]
Court: Madhya Pradesh High Court Bench: Justice Sanjay Dwivedi Umang Singhar vs State of Madhya Pradesh on 21 September, 2023 Law Point: Section 377 – offence of section 377 between husband and wife has no place JUDGEMENT 1. On finding the pleadings being complete and the learned counsel for the rival parties concurred to argue […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Sandeep Kumar Mishra vs State Of U.P. on 16 February, 2023 Law Point: False allegations of sexual assault on the rise JUDGEMENT 1. Heard Shri Sudhir Mehrotra, Shri Pulak Ganguly, learned counsels for the applicants and Shri Shivam Yadav, learned counsel for the informant […]
Court: Allahabad High Court Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Nafisa And 4 Others vs State Of U.P. And 3 Others on 16 January, 2023 Law Point: False Rape Case accuser gang bail dismissed JUDGEMENT 1. At the very outset, learned counsel for the petitioners states that he does not propose to file any rejoinder affidavit […]
Court: HIGH COURT OF JUDICATURE AT ALLAHABAD Bench: Ashwani Kumar Mishra, Shiv Shanker Prasad Ajeet Singh Constable vs State Of U.P. And Anr. on 22 December, 2022 Law Point: Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor’s Rape Case JUDGEMENT 1. This criminal appeal is directed against the judgment […]
Court: Supreme Court of India Bench: Ajay Rastogi, Hon’ble Ms. Trivedi Naim Ahamed vs State (Nct Of Delhi) on 30 January, 2023 Law Point: Every Breach Of Promise To Marry Is Not ‘Rape’ : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment JUDGEMENT 1. Leave granted. 2. The appeal filed by the appellant-accused is […]
Court: Supreme Court of India Bench: JUSTICE Dr Dhananjaya Y Chandrachud Sonu @ Subhash Kumar vs The State Of Uttar Pradesh on 1 March, 2021 Law Point: The parties were in the relationship for about a period of one and a half years; and the relationship between the appellant and the second respondent was of a […]
Court: Delhi High Court Bench: JUSTICE VIBHU BAKHRU Anand Kaushal vs State (Govt. Of Nct Of Delhi) on 13 March, 2020 Law Point: JUDGEMENT 1. The petitioner has filed the present petition impugning an order dated 01.08.2019 passed by the learned ASJ (hereafter ‘the impugned order’), whereby a charge of committing an offence under Section 376(2)(n) of […]