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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.

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section 376

State Vs. Brij Dev Tiwari @ Pandit

Court: Delhi High Court Bench: JUSTICE S.P. Garg State Vs. Brij Dev Tiwari @ Pandit On 8 December 2015 Law Point: Testimony of baby gives a clear impression that she was coached and tutored before she gave a statement — Medical evidence did not support the commission of rape — Delay in lodging FIR has […]

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Malti Chauhan Vs. State Govt. of Nct of Delhi and Ors.

Court: High Court of Delhi Bench: JUSTICE Indermeet Kaur Malti Chauhan Vs. State Govt. of Nct of Delhi and Ors. On 04.12.2015 Law Point: Attempt to rape. Star witness is the prosecutrix herself – MLC of the victim and the FSL report do not support the version of the prosecution – Testimony of the prosecutrix […]

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Man Mohan and Ors. Vs. State (GNCT of Delhi)

Court: Delhi High Court Bench: JUSTICE Indermeet Kaur Man Mohan and Ors. Vs. State (GNCT of Delhi) On 14.12.2015 Law Point: Relationship between prosecutrix and Appellant was a consent relationship – Victim was an adult – There was no pressure or coercion upon victim – She had several opportunities to disclose facts – She did […]

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Raj Kishore @ Raj Kumar Vs. State (GNCT Of Delhi)

Court: Delhi High Court Bench: JUSTICE S.P. Garg Raj Kishore @ Raj Kumar Vs. State (GNCT Of Delhi) On 5 January 2016 Law Point: Wrongful Confinement — Outraging modesty of woman — Rape. No external injuries found on body of prosecutrix ruling out ‘force’ used by accused to ravish her — FSL reports absolve accused […]

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State of Karnataka Vs. F. Nataraj

Court: Supreme Court Of India Bench: JUSTICE Pinaki Chandra Ghose and R.K. Agrawal State of Karnataka Vs. F. Nataraj On 07 October 2015 Law Point: The gaps in the evidences of the prosecutrix and the medical officer make it highly improbable that sexual intercourse took place. It would be erroneous to rely upon such discrepant […]

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Raghuvinder Harna Vs. State Of NCT Of Delhi

Court: Delhi High Court Bench: JUSTICE S.P. Garg Raghuvinder Harna Vs. State Of NCT Of Delhi On 5 November 2015 Law Point: Physical relations were outcome of free consent of appellant and prosecutrix and she was willing and consenting party — It did not attract Section 376, IPC.     JUDGEMENT   1. Aggrieved by […]

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Mohit Yadav Vs. State (Govt. of NCT of Delhi)

Court: Delhi High Court Bench: JUSTICE S.P. Garg Mohit Yadav Vs. State (Govt. of NCT of Delhi) On 09 October 2015 Law Point: Status report reveals that the petitioner and the prosecitrix were acquainted with each other – Physical relations were established on several occasions between them. The prosecutrix is married and a major lady. […]

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Vikul Bakshi Vs. The State (NCT of Delhi)

Court: Delhi High Court Bench: JUSTICE S.P. Garg Vikul Bakshi Vs. The State (NCT of Delhi) On 19 January 2016 Law Point: The petitioner has joined investigation. The parties were acquainted with each other before the incident. Physical relation between the two took place allegedly on pretext of marriage. Petitioner is granted anticipatory bail.   […]

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Tula Ram Rai Vs. State of Sikkim

Court: Sikkim High Court Bench: JUSTICE Meenakshi Madan Rai Tula Ram Rai Vs. State of Sikkim On 08 MAY 2017 Law Point: Existence of preponderance of probability – Not sufficient to establish prosecution case, which must be proved beyond all reasonable doubt, which prosecution failed – Accused Acquitted.     JUDGEMENT   1. The Appellant […]

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State of Himachal Pradesh Vs. Pawan Kumar

Court: High Court Of Himachal Pradesh Bench: JUSTICES Sanjay Karol and Vivek Singh Thakur State of Himachal Pradesh Vs. Pawan Kumar On 28 April 2016 Law Point: It was un-believable that despite bitterness in relation and denial to marry her, prosecutrix had been enjoying company of Accused – It could be safely presumed that relationship […]

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