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Criminal law

X versus THE STATE OF UTTAR PRADESH & ANOTHER

The High Court's grant of bail was manifestly erroneous because it failed to consider the grave and heinous nature of the offences under the POCSO Act, the prima facie material from the victim's statements and medico-legal report, the filing of the chargesheet, and the vulnerability and risk of intimidation to the minor victim; consequently the bail was cancelled and the accused ordered to surrender.

Source excerpt

  • Cancellation of bail in pocso offence
  • Gang-rape of minor
  • Witness intimidation
  • Medico-legal evidence
  • Recording for blackmail
  • Vulnerability of victim
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Criminal law

AKHTAR ALI @ ALI AKHTAR @ SHAMIM @ RAJA USTAD versus STATE OF UTTARAKHAND

The prosecution failed to establish an unbroken and reliable chain of circumstances: motive was unproven, the last-seen theory collapsed due to belated and inconsistent eyewitness evidence and the non-examination of the crucial informant (Nikhil Chand), and the scientific/DNA evidence was rendered unreliable by investigative lapses, inconsistencies and strong inference of possible tampering; accordingly convictions (including the death sentence) could not be sustained and the appellants were acquitted.

Source excerpt

  • Circumstantial evidence
  • Last seen theory
  • Motive
  • Dna evidence
  • Death penalty standards
  • Investigative lapses
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Criminal law

DEEPAK KUMAR SAHU versus STATE OF CHHATTISGARH

The victim's testimony was found to be credible, consistent and corroborated by attendant evidence including the brother and family members, the victim's age was proved by school marksheet, and the absence of emphatic medical corroboration or external injuries did not undermine the prosecution; accordingly the convictions and sentence were upheld.

Source excerpt

  • Rape
  • Medical corroboration
  • Testimony of prosecutrix
  • Age of victim / applicability of pocso
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Criminal law

AMOL BHAGWAN NEHUL versus THE STATE OF MAHARASHTRA & ANR.

On the material before the Court the complaints of forcible sexual intercourse and of consent obtained by inducement/misrepresentation were not corroborated by conduct or evidence, ingredients of offences under Sections 376(2)(n) and 506 IPC were not established, and the proceedings were manifestly within categories permitting exercise of Section 482 CrPC power (Bhajan Lal paras 102(5) and 102(7)); accordingly the criminal proceedings were quashed in the interest of justice and the appellant discharged.

Source excerpt

  • Quashing of criminal case
  • Consent obtained under misconception of fact
  • Promise to marry
  • Inducement or misrepresentation
  • Abuse of process of law
  • Section 482 crpc
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Penal code, 1860

BISWAJYOTI CHATTERJEE versus STATE OF WEST BENGAL & ANR.

Having considered the factual matrix and the complainant's own knowledge that the appellant was in a subsisting marriage (though separated), the Court found the physical relationship to be consensual and held that the allegations, even taken at face value, do not prima facie establish offences under Sections 376(2)(f), 417 or 506 IPC; inconsistencies in the prosecution narrative further undercut the case, and therefore it was appropriate to terminate the proceedings at the stage of charge and set aside the High Court order refusing discharge.

Source excerpt

  • Marital discord
  • Divorce
  • Consent
  • Subsisting marriage
  • Assurance of marriage
  • Discharge under section 227 crpc
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Criminal law

THE STATE OF HIMACHAL PRADESH versus RAJESH KUMAR @ MUNNU

The High Court carefully examined the evidence and reasonably found glaring lacunae in the prosecution case (hostile mother, evasive father, unexplained delay in lodging the FIR, and non-cooperation with medical examination resulting in no medico-legal link to the accused); those findings were not a complete misreading of evidence nor perverse, therefore interference with the High Court's acquittal was unwarranted and the appeal is dismissed.

Source excerpt

  • Rape
  • Delay in lodging fir
  • Medical examination of prosecutrix
  • Hostile witness
  • Benefit of doubt
  • Acquittal
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Criminal law

MAHESH DAMU KHARE versus THE STATE OF MAHARASHTRA & ANR.

On the facts of this case no prima facie case of rape under Section 376 IPC was made out because the complainant maintained a prolonged sexual relationship with the appellant for about nine years without protest or insistence on marriage, undermining the claim that her consent was vitiated by a false promise to marry; moreover the FIR contained no allegations sufficient to constitute cheating under Section 420 IPC or offences under Sections 504 and 506 IPC; continuing the criminal proceeding would amount to abuse of process and the FIR is to be quashed.

Source excerpt

  • Quashing of fir
  • Consent
  • False promise of marriage
  • Rape
  • Cheating
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Criminal law

PRASHANT versus STATE OF NCT OF DELHI

Taking the allegations in the FIR and charge-sheet at face value, the essential ingredients of offences under Sections 376(2)(n) and 506 IPC were not made out: there is no indication that a promise of marriage was extended at the outset to procure sexual intercourse, the relationship was consensual, and continuation of prosecution would amount to a gross abuse of the process of law; accordingly the FIR, charge-sheet and pending trial were quashed.

Source excerpt

  • Section 376(2)(n) ipc
  • Section 506 ipc
  • Consent
  • Quashing of fir
  • Abuse of process
  • Section 482 crpc
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Criminal law

SELVAMANI versus THE STATE REP. BY THE INSPECTOR OF POLICE

Concurrent findings of the trial court and High Court upholding conviction were correct because the prosecutrix and proximate witnesses had, in their examination-in-chief, fully supported the prosecution; the FIR was lodged the same day and the Section 164 CrPC statement and medical evidence corroborated the prosecutrix's account, and although witnesses turned hostile at cross-examination after a long delay, relevant parts of their prior testimony and corroborative evidence sufficed to prove guilt beyond reasonable doubt.

Source excerpt

  • Gang rape
  • Hostile witnesses
  • Corroboration
  • Cross-examination
  • Delay in cross-examination
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Criminal law

MS. X versus MR. A AND OTHERS

Having considered the complaint, the restatement, medical reports and the doctor’s statement, the Court found material contradictions (including a falsified hospital admission) and that, even taking allegations at face value, there were no sufficient grounds to proceed for offences charged (in particular no prima facie showing of a false promise to marry bearing direct nexus to consent); continuation would amount to abuse of process and miscarriage of justice, therefore the High Court’s order quashing the proceedings under Section 482 Cr.P.C. was correct and should not be interfered with.

Source excerpt

  • Quashing of proceedings
  • Consent
  • False promise of marriage
  • Abortion
  • Section 482 cr.p.c.
  • Section 375 ipc
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.