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
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: 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: 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 Equivalent citations: 2003 (1) AWC 344 SC, (2003) 2 CALLT 23 SC Bench: D.K. Jain, Jagdish Singh Khehar Prashant Bharti vs State Of Nct Of Delhi on 23 January, 2013 Law Point: False rape case, quashed by Delhi High Court JUDGEMENT 1. Leave granted. 2. On 16.2.2007, Priya […]
Court: Supreme Court of India Bench: Dr. Arijit Pasayat, D.K. Jain Pradeep Kumar @ Pradeep Kumar vs State Of Bihar And Anr on 17 August, 2007 Law Point: Consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love on a promise that he would marry her on […]
Court: Karnataka High Court Bench: JUSTICE Anand Byrareddy Saganna vs The State Of Karnataka on 20 February, 2013 Law Point: Willing partner, complainant had opportunity to complain on many occasions, continued to stay with accused. Acquital. JUDGEMENT Heard the learned counsel for the appellant and the learned Government Pleader for […]
Court: Supreme Court Of India Bench: JUSTICES T.S. Thakur, C.J.I. and V. Gopala Gowda Tilak Raj Vs. State of Himachal Pradesh On 06 January 2016 Law Point: Prosecutrix was an adult and mature lady aged around 40 years at the time of incident. She admitted that she was in relationship with Appellant for two years […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Ajay Kumar Sonar Vs. State On 02 February 2016 Law Point: The prosecutrix was a consenting party and she and her mother opted to exonerate him in their cross-examination, the Sentence Order is modified . JUDGEMENT 1. Challenge in this appeal is to a […]
Court: Delhi High Court Bench: JUSTICE S.P. Garg Pradeep @ Balli Vs. State, NCT Of Delhi On 1 December 2015 Law Point: The prosecution failed to bring home any of the charges against appellant beyond reasonable doubt — Prosecutrix‘s post-event conduct is unnatural and unacceptable — Prosecutrix was consenting party — She was aware that […]