Legal Question in Criminal Law in India

someone implicated in rape case with 17.5 year minor girl although it was a love affair but girl did not changes her statemnt she gave to police in pressure of her parents. The landlords and DNA test done by defence was totally against the FIR and favor of boy. But the judge gave a verdict totally in favor of girl and based on her statement. Can it challanged in high court and any probablity of change in sentance ?


Asked on 12/14/12, 4:46 am

3 Answers from Attorneys

it is totally depend upon the evidence untill i go through the evidence i cannot comment anything.SOMNATH MUKHERJEE 9874753359

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Answered on 12/14/12, 4:58 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

If a woman submits to an intercourse it is a case of consent. 1997(2)Crimes 257 Bom. It is surely a fit case for challange before the high court and if no relief granted, then to the Supreme Court of India.

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Answered on 12/14/12, 5:27 am
Shrichand Nahar S.V.Nahar, Advocate

Judgement of Sessions Court can be challenged in the High Court by filing an appeal.

Merits of the matter in appeal depends on the evidence adduced before the trial court.

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Answered on 1/03/13, 2:46 am


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