Tag: Prosecutrix

Supreme Court Facilitates Settlement in Rape and Cheating Case, Orders Return of Money and Gold
Supreme Court

Supreme Court Facilitates Settlement in Rape and Cheating Case, Orders Return of Money and Gold

The Supreme Court disposed of appeals concerning allegations under Sections 376, 406, and 506 of the IPC by facilitating a settlement. The Court directed the appellant to deposit a specified sum with the Trial Court and gold ornaments with the High Court Registrar for release to the prosecutrix, thereby resolving the disputes. Facts Of The Case: The case originates from an FIR registered against the appellant-accused based on a complaint filed by the second respondent, the prosecutrix. She alleged that the accused, who was assisting her with ongoing divorce proceedings, forcefully subjected her to sexual intercourse in December 2017 under the threat of disseminating her photographs. Subsequently, on multiple occasions in 2018, he established a physical relationship with her on the false ...
Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes
Supreme Court

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...