Court : Supreme Court of India
..... the victims of section 377, relying on the extensive records and affidavits submitted by the petitioners that brought to fore instances of custodial rape and torture, social boycott, degrading and inhuman treatment and incarceration. the court concluded that while section 377 criminalized conduct, it created a systemic pattern of 92 naz, at para 94. 53 part e disadvantage, exclusion and indignity for the ..... in the latter part of section 375 ipc. it is the absence of willful and informed consent embodied in the seven descriptions to section 375 which makes the offence of rape criminal.218. on the other hand, section 377 ipc contains no such descriptions/exceptions embodying the absence of willful and informed consent and criminalises even voluntary carnal intercourse both between ..... . after 2013, when section 375 was amended so as to include anal and certain other kinds of sexual intercourse between a man and a woman, which would not be criminalized as rape if it was between consenting adults, it is clear that if 92 section 377 continues to penalize such sexual intercourse, an anomalous position would result. a man indulging in ..... section 375 ipc clearly stipulates that carnal intercourse between a man and a woman with the willful and informed consent of the woman does not amount to rape and is not penal.220. despite the criminal law (amendment) act, 2013 coming into force, by virtue of which section 375 was amended, whereby the words ?sexual intercourse in section 375 were replaced .....Tag this Judgment!
Court : Kerala
..... committed the offences under sections 120b, 363, 365, 366a and 368 of the indian penal code. rape and gang rape:84. the case of the prosecution is that pursuant to the criminal conspiracy mentioned above, dharmarajan obtained illegal custody of the victim girl at ksrtc bus stand, kottayam on crl.a. no. 877 of2002::94. ..... we think it proper, having regard to the increase in the number of sex-violation cases in the recent past, particularly cases of molestation and rape in custody, to remove the notion, if it persists, that the testimony of a woman who is a victim of sexual violence must ordinarily be corroborated ..... not follow and a mere act of submission does not involve consent. consent of the girl in order to relieve an act, of a criminal character, like rape, must be an act of reason, accompanied with deliberation, after the mind has weighed as in a balance, the good and evil on ..... in furtherance of the criminal conspiracy, the victim girl was kidnapped from the lawful custody on 16.1.1996, confined her secretly at several places in the state of kerala and in tamil nadu and she was subjected to rape and gang crl.a. no. 877 of2002::2. :: rape by several persons by keeping ..... ::16. 1.1996. dharmarajan took the victim girl to metro lodge, kottayam and committed rape on the victim girl. she was taken .....Tag this Judgment!
Court : Delhi
Reported in : 1987(2)Crimes755; 32(1987)DLT319
..... alternative for this court but to hold that the circumstances do point an accusing finger towards aman kumar as the person responsible for the commission of rape on k. mazumdar while she was in police custody. he has rightly been found guilty of an offence u/s 376(a)(3) of the indian penal code which i hereby confirm.(31) as regards ..... on the prosecutrix, by a third person.(24) on 4.4.85, the prosecutrix was produced before cmm for herstatement under s. 164 criminal procedure code in that statement she narrated verbatim the sequence of events leading to her arrest, detention and the commission of rape while under police custody in the police post. during her statement she also stated that in the course of ..... mostly revolves round the non-registration of a case u/s 380 indian penal code or the events subsequent to sher release from the police custody. there is no worthwhile cross examination on the actual act of rape, and by whom. this evidence to my mind, is reliable and believable and by itself is enough to bring home the charge against the ..... at police post hari nagar under the jurisdiction of police station tilak nagar, delhi.aman kumar is alleged to have committed rape on the person of kumarijhunu majumdar, without her consent and against her will while she was in police custody during the intervening night of 2nd and 3/04/1985. satbir singh and 0m parkash are accused of abetting the commission .....Tag this Judgment!
Court : Delhi
..... handed over x s custody to co-accused persons who committed gang-rape after wrongfully confining in a room throughout the month of january, 2012 besides criminally intimidating her. the police machinery came into motion when exhaustive written complaint dated 18.04 ..... visited them or he used to remain in constant touch with them. nothing has surfaced if any money transaction took place and x s custody was handed over to dharmender and his associates for any consideration. apparently, the appellant was ignorant as to what was happening with x in ..... and sentence awarded by the trial court are set aside. the appellant shall be released forthwith if not required to be detained in any other criminal case.16. trial court record be sent back forthwith with the copy of the order. a copy of the order be sent to the ..... if the story is improbable and belies logic, would be doing violence to the very principles which govern the appreciation of evidence in a criminal matter.' 14. x s testimony is wholly unreliable due to inherent infirmities referred above and cannot be relied upon to base conviction for the ..... board), dharmender (since po), kaushlander (since po) and narender @ bakur (since po) hatched a criminal conspiracy to commit rape upon x (assumed name) aged 19 years. pursuant to that conspiracy, the appellant committed rape upon x in a room at jj colony, shakurpur in january, 2012 during night time. subsequently, he .....Tag this Judgment!
Court : US Supreme Court
..... or inconsistent testimony. we hold that it may do so. respondent tyris lemont harvey was convicted of two counts of first degree criminal sexual conduct in connection with the rape of audrey sharp on june 11, 1986. harvey was taken into custody on july 2, 1986, and on that date, he made a statement to an investigating officer. he was arraigned later on ..... frankfurter, j.) (quoting 2 w. hawkins, pleas of the crown 595 (8th ed. 1824)). our decisions in miranda and its progeny primarily safeguard that right against "the compulsion inherent in custodial surroundings." miranda v. arizona, 384 u. s. 436 , 384 u. s. 458 (1966). the initiation by the police of contact with an unrepresented defendant, after the invocation of the ..... the sixth amendment. reasoning that "the sixth amendment right to counsel at a postarraignment interrogation requires at least as much protection as the fifth amendment right to counsel at any custodial interrogation," jackson, supra, 475 u.s. at 475 u. s. 632 , the court in jackson concluded that the edwards protections should apply when a suspect charged with a crime ..... jackson rule is based on the identical "prophylactic rule" announced in edwards v. arizona, 451 u. s. 477 , in the context of the fifth amendment privilege against self-incrimination during custodial interrogation. moreover, harris v. new york, 401 u. s. 222 , and subsequent cases have held that voluntary statements taken in violation of fifth amendment prophylactic rules, while inadmissible in the .....Tag this Judgment!
Court : Madhya Pradesh Jabalpur
..... a notice is issued against him to show-cause as to why in the event of conviction being confirmed, the minimum prescribed 2 criminal appeal no.1208/1995 custodial sentence for the offence of rape i.e. rigorous imprisonment for seven years should not be imposed upon him. but, no written reply has been submitted by ..... of ipc. he would be entitled to get the fine amount back from the trial court, if he has deposited.16. at present the appellant is in custody, therefore he be released forthwith by issuing a release warrant without any delay.17. since the appeal of the appellant has not resulted into conviction, therefore, ..... she was a consenting party and she was above 16 years of age at the time of incident, hence no offence under section 376 of ipc 7 criminal appeal no.1208/1995 is made out against the appellant-accused. the appeal of the present appellant deserves to be allowed.14. on the basis of aforesaid ..... the ossification test report, the prosecutrix was 15-17 years of age at the time of incident and therefore it was possible that she was above 6 criminal appeal no.1208/1995 16 years of age at the time of incident. it may also be considered that she gave a birth to a healthy child ..... appellant-accused abjured his guilt. he did not take any specific defence. no defence witness was examined from his side. however, he filed an affidavit 3 criminal appeal no.1208/1995 ex.d-1 verified by the prosecutrix on 9/3/1995 that the prosecutrix and the appellant got themselves married in a temple at .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2006(2)Raj1275; 2006(1)WLC119
..... 4, 1999 the informant jeetmal (pw.1) submitted a written report (ex.p-1) and alleged that on may 7, 1999 bhagli jat committed rape with informant's wife santra. bhagli jat was taken in custody and a criminal case was registered against him. the appellant being a friend of bhagli jat, came to santra on june 2, 1999 and pursuaded her to ..... mal (pw. 1), sarupa (pw.2) and narendra (pw.3). jeetmal in ms deposition stated that on may 7, 1999 his wife santra was ravished by bhagli jat against whom criminal case was registered. bhagli jat, who was confined in jail, sent the appellant to santra to enter into compromise on june 2, 1999, when santra declined the appellant gave a ..... shiv kumar sharma, j.1. the allegation against the appellant was that at the behest of a rapist (who was facing trial in a rape case and confined in jail) the appellant forced the rape-victim to change her statement and when she did not agree she was mercilessly stabbed and killed by the appellant. in the court of learned sessions judge karauli .....Tag this Judgment!
Court : Punjab and Haryana
..... be returned and her mms prepared by main accused will be deleted. it is still debatable as to whether the petitioner entered into the criminal conspiracy with the main accused. the main accused is already in custody. the rape allegation cannot be levelled against the present petitioner being a lady. therefore, keeping in view the facts and circumstances of the present case, this .....Tag this Judgment!
Court : Mumbai
Reported in : 1993(3)BomCR663
..... applicant and shri mirajkar for respondent-state.2. this is an application for bail by a police inspector who has been charged with the offence of custodial rape punishable under section 376(2)(a) of the i.p.c. read with section 376b of the i.p.c. the applicant was the senior ..... there is no question of imposing conditions of the nature suggested. he contends that this case falls squarely under section 437(1) of the code of criminal procedure and there appears to be reasonable ground for believing that the applicant is guilty of offence punishable with imprisonment for life. he pointed out that ..... in the mean-while it appears that sanction to prosecute was accorded by the state government on 17th february 1993 under section 197 of the code of criminal procedure and the applicant was suspended.8. after the supreme court order, an application was made to the metropolitan magistrate for bail which has been ..... -over the witnesses for the purpose of nullifying their earlier statements after he was granted bail by this court on 20th november 1992. as stated earlier criminal writ petition no. 1576 of 1992 was filed by the said two panchas on 7th december 1992 and was withdrawn before the division bench of mohta ..... and 22nd august, 1992.3. it is true that this court had granted anticipatory bail to the applicant by its order dated 20th november 1992 in criminal application no. 3460 of 1992. this court had, then prima facie come to the conclusion that the story of the girl was not believable and .....Tag this Judgment!
Court : Mumbai
Reported in : 1990(3)BomCR57
..... the police officers. shri sonare appears on the scene for the first time on 8th july, 1989. accused rakeshkumar did not challenge the police custody remand by filling a criminal revision application before the sessions judge as was done by the other two accused, namely kishan nagaraj and pravin kumar pandya. instead he filed ..... had conceded, it was open to the additional sessions judge to grant or not to grant bail. as it appeared that it was case of gang rape, he could have rejected the bail application. it appears that he granted the bail essentially because the prosecution conceded. in view of this, it cannot ..... to the grant of bail. however, it would not be possible to say, as a general rule, that the prosecution cannot concede in a gang rape case even if ultimately it decides to do so after fully satisfying and examining all the aspects of the case, and a decision is taken strictly on ..... a reasonable scope of suspicion on the developments thereafter involving the police.all the three accused who were arrested were charged, along with other offences, with rape, under section 376 of i.p.c. which is a very serious offence, next to murder, for its punishment may extend to life imprisonment.the police ..... beauty parlour, the couple is said to have handed over the girl to three youths. rs. 3000/- were charged for the deal.the youth gang raped the minor girl at bhandara guest house after forcing her to consume liquor.in the raid on the premises of the deshmukhs, the police had recovered a .....Tag this Judgment!