...”.78. Subsequently, in 2013, post the Nirbhaya case, the Criminal Law Amendment Act 2013 was brought into force which amended Section 376(1). The Parliament sought to take a tougher stand on crime against women and limited the discretion of the judiciary regarding imposition of sentences for offences involving rape by...and circumstances of the case that it is a heinous crime of rape committed against a blind un-married girl of 19 years of age, I am not inclined to exercise my discretion to give lesser punishment to...experience of rape induces trauma and horror for any woman regardless of her social position in the society. But the experiences of assault are different in the case of a woman who belongs to a...

...Nirbhaya case is not an isolated case where it has taken so long to reach finality. In fact, it is said 2that it has been one of the cases where agencies have acted swiftly taking into account the public...case, an information relating to offence of rape received at a Police Station, reveals that the place of commission of the offence is beyond its territorial jurisdiction, whether in such cases FIR...information relating to case of rape and similar offences? 6. By the Amendment Act of 2013, a new provision of Section 166A made the failure of a public servant...

...the girl child is also violated by Exception 2 to Section 375 IPC has not been purposely gone into because anything said or urged in this behalf would affect any case being argued on “marital rape...Per Lokur, J.Section 375 Exception 2 IPCThe issue before the Court in this case is limited to the question—whether sexual...intercourse between a man and his wife being a girl between 15 and 18 years of age is rape? The Court is not concerned here with regard to the marital rape of a woman who is 18 years of age and above...

...of rape do not even get reported because of the false notions of so-called “honour” which the family of the victim wants to uphold. The matter does not end here. Even after a case is lodged and FIR...disclosing the name and identity of the victim in case of rape and sexual offences against children. The media not only has the right but an obligation to report all such cases. However, media should be...Deepak Gupta, J.— How and in what manner the identity of adult victims of rape and children who are victims of sexual abuse should be protected so that they are not subjected...

...the offence.11. An unfortunate incident of rape and murder of a young girl (given the identity “Nirbhaya”) took place in Delhi in December 2012. One of the persons..., 2015?” is the extremely important and interesting issue which arises in this case.2. The factual background is that a juvenile ‘X’ is alleged to have committed an offence...the subject-matter of discussion in this case, we may refer to the following relevant provisions of the Act:“2. (12) “child” means a person who has not completed eighteen years of...

...to the exposition of facts. The prosecution case, as projected, is that on 16.12.2012, the deceased, 'Nirbhaya' (not her real name), had gone with her friend, the informant, PW-1, to the PVR situated...narrated by the prosecutrix to her, it was a case of gang rape in a moving bus by 4-5 persons when the prosecutrix was returning after watching a movie with the informant. She was slapped on her face...., Ex. PW-49/A. 151. In the instant case, as per the history told by the prosecutrix to Dr. Rashmi Ahuja, it was a case of gang rape Page 118...

...(PW-4) on 03.02.2013. It is the case of the prosecution that the appellant who is aged about 50 years then, took away the deceased from the ‘Mela’ and committed rape and murdered her. Narendra (PW-2...rape and murder of a minor, while confirming the conviction, this Court, on the facts and circumstances of the case and having regard to the evidence on record, has modified the death sentence with...(2014) 12 SCC 274 which is a case involving murder and rape of a child aged about 9 years, without interferring with the finding of conviction, this Court, in the facts and...

...follows to the effect that a retributive view in cases involving the offence of rape is entirely justified: "18. …The measure of punishment in a case of rape...the society in cases of the heinous crime of rape on innocent helpless girls of tender years, as in this case, and respond by imposition of proper sentence. Public abhorrence...committed rape on the victim PW-2. She had, at night-time took a rickshaw from the Delhi Railway Station on the assurance that the driver would drop her off at her home but instead of doing so, he took her...

...and it was not possible to discern and arrive at any definite conclusion as to the role played by each of the accused. Here in the present case there is only one accused who committed rape and murder...LJ 774] is applicable to the present case.45. It is necessary to mention that brutality in committing rape on the deceased victim child aged two years and taking away...of report by the father of the girl, lending credence to the prosecution case, observed thus :‘60. In the case at hand, as we find, not only was the rape committed in...

...petitioners against the order of conviction and award of death sentence.2. Both the petitioners were tried for rape and murder of a 23 years' age lady, Nirbhaya (changed name...description of bus, the name of assailants either in MLC, Ext. PW-51/A or in his complaint, Ext. PW-1/A. The bus, Ext. P-1 has been falsely implicated in the present case. CCTV footage was not...rejected by this Court. With regard to first dying declaration which was the case history recorded by Dr Rashmi Ahuja, this Court has considered all aspects and had already held that there was no...

...Pradesh. The second video is about 8.5 minutes long and is of a gang rape wherein five men were seen raping a very young woman. The second video is from some “Bengali like speaking region”. It is further...stated in the letter that apart from the fact that the incidents of rape and gang rape were video recorded, to make matters worse, they have been distributed through WhatsApp...indicate that the offence of rape is committed with impunity and the offender even has the audacity to flaunt the incident in the public domain through a video recording. This has a negative impact on...

...the 2012 Nirbhaya case, calling into question whether systemic law enforcement mechanisms have made any meaningful progress in the decade since then. 5. These incidents...Inherent Jurisdiction Suo Moto Writ Petition (Criminal) No. 6/2026 IN RE: RECENT RAPE INCIDENTS IN DELHI NCR ORDER.... 2. The harrowing account given by the 17-year-old victim of the alleged gang rape at Aastha Kunj Park in Delhi, is a stark reminder of the persistent vulnerabilities faced by women and children in...

...-2012 in Delhi wherein a young lady of twenty-three years (Nirbhaya, a changed name) was gang-raped and brutally injured who subsequently died, in which the petitioner was one of the accused. The...Suthendraraja v. State (1999) 9 SCC 323, it was held as under: (Suthendraraja case (1999) 9 SCC...323)“5. It would be seen that the scope of review in criminal proceedings has been considerably widened by the pronouncement in the aforesaid judgment. In any case review is not...

...to the exposition of facts. The prosecution case, as projected, is that on 16.12.2012, the deceased, 'Nirbhaya' (not her real name), had gone with her friend, the informant, PW-1, to the PVR situated...narrated by the prosecutrix to her, it was a case of gang rape in a moving bus by 4-5 persons when the prosecutrix was returning after watching a movie with the informant. She was slapped on her face...Ahuja, it was a case of gang rape Page 118 119 in a moving bus by 4-5 persons when the...

...done for the 'purpose' as also described above. In other words, in case of persons Miscellaneous Application No. 530 of 2022 Page 6 of 297... 7 who are aged 18 years and above, all three elements must be proved for a case of trafficking to be made out. However, for...case relating to social problems." (Emphasis supplied) 42. It is evident from the aforesaid order of this Court that, the original writ...