Topic
Gang rape under Section 376D of the Indian Penal Code and related provisions like the POCSO Act refers to sexual assault committed by multiple persons against a victim, often involving aggravated circumstances under Indian criminal law.
The ruling upholds charges against female petitioners in December 2023 to July 2024 incidents, clarifying that liability for gang rape under BNS Section 70 extends to those sharing the common intention to commit rape, even without commission of the act.
Allahabad High Court rules that halala nikah performed under coercion or on a minor is not protected by personal laws and constitutes statutory rape and gang rape under POCSO Act and Bharatiya Nyaya Sanhita. The judgment underscores constitutional rights over religious practices when they violate child protection laws, setting a precedent for similar cases involving minors or coercive marital practices.
Allahabad HC acquitted three accused in a gang rape case, emphasizing that conviction under Section 376 IPC demands unwavering proof. The court highlighted a five-day delay in FIR registration, inconsistent testimonies, and absence of medical evidence despite a seven-month pregnancy, reinforcing the 'benefit of doubt' principle in criminal trials.
Tripura High Court affirms that DNA evidence, disclosure statements, and adverse inference from silence under Section 313 CrPC can collectively sustain convictions for gang rape and murder even in the absence of eyewitnesses. The ruling reinforces the probative value of forensic and circumstantial evidence in heinous crimes, setting a precedent for similar cases.
Gauhati High Court affirms life imprisonment for gang rape of a minor, holding that Test Identification Parade (TIP) conducted with safeguards, coupled with dock identification and medical evidence, sustains conviction under Section 376D IPC and POCSO Act-even if accused names are missing from the FIR. The ruling reinforces that procedural lapses in FIR registration do not vitiate substantive evidence in heinous offences.
Madras High Court sets a precedent for bail in SC/ST atrocity cases where the complaint is delayed, no physical injury is recorded, and there is no evidence the accused knew the victim’s caste. The ruling underscores the need for credible prima facie evidence before denying bail under the Act.
Bombay High Court upholds gang rape conviction based solely on victim's testimony, holding that delayed reporting due to fear and trauma does not invalidate prosecution case.