AI Overview...
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Family Protest and Victim's Allegations - Family members of victims, including parents and relatives, have lodged protests against the accused, alleging harassment, kidnapping, or assault. In some cases, family members have expressed disapproval of the relationship or have protested against the accused's actions, such as harassment or abduction. For instance, the prosecution states that the father of a girl disclosed harassment and lodged protests Kulwant Singh VS State - Jammu and Kashmir, and another case involved family members asking the victim to abort or marry the accused Md. Javed @ Md. Javed Mian Son of Md. Mahfuz VS State of Bihar - Patna. Additionally, in cases of alleged kidnapping and gang-rape, family protests and pressure to withdraw complaints are documented Kuldeep Kishore Sharma VS State of U. P. - Allahabad.
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Victim's Consent and Relationship Nature - Several sources highlight disputes over whether the sexual relationship was consensual or forced. Some cases involve claims that the victim was of legal age and engaged willingly, with medical evidence indicating no resistance or injury, suggesting consensual relations Sudeep Singh Chauhan VS State of U. P. - Allahabad, Anil Kumar Sonkar VS State of U. P. - Allahabad, AMAR CHAND PATEL vs State of U.P. AND ANOTHER - Allahabad. Conversely, other reports describe the victim as a minor or under duress, with allegations of kidnapping and sexual assault, though some cases also note the absence of conclusive proof of forcible abduction Santosh Mukund Ghotekar VS State Of Maharashtra - Bombay.
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Legal Proceedings and Family Pressure - Many cases depict family members exerting pressure on victims to withdraw protests or settle cases privately. Victims have lodged FIRs under duress or due to family influence, with some FIRs being delayed or filed after a significant time post-incident, raising questions about voluntariness Kuldeep Kishore Sharma VS State of U. P. - Allahabad, UDAYNATH KHORA @ UDIANI KHORA vs STATE OF ODISHA - Orissa.
Analysis and Conclusion:
The sources collectively illustrate a complex landscape where family protests are common, often motivated by social or cultural disapproval, and sometimes involve allegations of harassment, kidnapping, or coercion. The nature of the sexual relationship varies, with some cases indicating consensual relations and others suggesting forced encounters. The role of family pressure in the lodging and withdrawal of protests is evident, impacting the progression of legal cases. Overall, these cases underscore the importance of thorough investigation to distinguish consensual relationships from coercion or assault, considering the influence of familial dynamics JOYTILAL CHAKRABORTY VS DIPAK DUTTA - Calcutta, Kulwant Singh VS State - Jammu and Kashmir, Kuldeep Kishore Sharma VS State of U. P. - Allahabad, Sudeep Singh Chauhan VS State of U. P. - Allahabad, Santosh Mukund Ghotekar VS State Of Maharashtra - Bombay, AMAR CHAND PATEL vs State of U.P. AND ANOTHER - Allahabad.
Search Results for "Protest Lodged by Family Members of the Victim"
1994 0 Supreme(Cal) 275 • India - Calcutta
BASUDEVA PANIGRAHI
( 2 ) THE prosecution case in brief is thus :-MAMATA Dutta the youngest daughter of the revision petitioner developed premarital relation with the respondent Khokan which culminated into a lawful marriage without the consent of the revision petitioner and his other family
2010 0 Supreme(J&K) 49 • India - Jammu and Kashmir
GH.HASNAIN MASSODI
The father of the girl, according to the prosecution case, during investigation has disclosed that his daughter was sexually harassed by the petitioner and he even lodged protest with the family members of the petitioner. ... The prosecution case is that the girl student is alleged victim of lustful overtures of the petitioner since she was class 9th student in petitioners Institute has during investigation disclosed that she was being persistently harassed by the petitioner and has been victi....
2021 0 Supreme(Pat) 138 • India - Patna
BIRENDRA KUMAR
members of the appellant asked the informant to get aborted. ... carrying pregnancy from appellant since last four months, she asked appellant to marry with her, but the appellant refused and the family ... Penal Code, 1860 - Sections 25, 376 and 506/34 - Criminal Trial - Criminal intimidation - Offence of Rape - Determination of age of victim ... The family members never made any complaint against the act of the appellant. PW-5 Julekha Khatoon is a relative of the victim girl. ... The....
2019 0 Supreme(All) 378 • India - Allahabad
SUDHIR AGARWAL
The applicant, father of the victim, alleged that his daughter was kidnapped, drugged, and gang-raped by the accused and others. ... Having failed his legal attempts, the accused persons exercised their influence and started pressurizing the victim, petitioner and the family members for withdrawing the protest petition and compromising the case and when they resisted, fabricated criminal cases were registered against the brothers ... Applicant also filed a Protest Petition before Secon....
2016 0 Supreme(All) 3791 • India - Allahabad
KARUNA NAND BAJPAYEE
The appellant sought bail, arguing that the victim was of legal age and that the sexual relationship was consensual. ... considered the evidence and circumstances of the case to determine the nature of the relationship between the appellant and the victim ... Issues: The main issue revolved around the nature of the relationship between the appellant and the victim, and whether the ... Further submission is that even the F.I.R. of this case was lodged after one month of the incident which is also a pointer to the effect ....
2015 0 Supreme(All) 3864 • India - Allahabad
KARUNA NAND BAJPAYEE
It was further submitted that it is a case of consensual sex and both were in deep love but as the family members of the girl were not agreeable to this relationship, this false and frivolous F.I.R. has been lodged against the applicant. ... Further submission is that the medical examination of the girl does not indicate any mark of external injury on the person of the victim which, according to the counsel, indicates that no resistance or protest was ever offered by the victim. ... Su....
• India - Orissa
and when the family members of the petitioner made protest such relationship of the thereafter he did not accept the victim and, as such, petitioner stated to have kept physical relationship petitioner and the victim, the petitioner left her and span style="font-family:BookmanOldStyle
2022 0 Supreme(Bom) 1285 • India - Bombay
PRAKASH D.NAIK
The victim, a minor, alleged that the accused kidnapped and sexually assaulted her. ... It noted that the prosecution failed to establish beyond reasonable doubt that the victim was kidnapped and subjected to sexual assault ... Until the family members of accused including his wife took them to Pimpalgaon Police Station, there was no protest by the victim girl. She admitted that she stayed with the accused and was working in the field of Mr.ahire and it was disclosed to Mr.ahire that s....
• India - Allahabad
Victim was major and a consenting party. F.I.R. was lodged by the victim herself due to pressure created by the family members. ... Neither any symptom of rape nor any sign of protest was found. The applicant has no criminal history. ... She has lodged the F.I.R herself and has clearly supported the prosecution case in her statement recorded under Section Referring to contents of affidavit, it is further submitted that statement under Section 164 CrPC w....
2011 0 Supreme(All) 3096 • India - Allahabad
K.N.PANDEY, SUNIL AMBWANI
It is a case in which the victim has received punishment. The witnesses Shri Sadanand and Shri M.K. Pandey had supported him, whereas Shri R.P. Singh did not support him as the petitioner has made certain allegations against him in the past. ... NCR/FIR No. 60/03 lodged by Shri Alok Pandey against Mr. Sri B.B. Shukla which confirms that Mr. Alok Pandey lodged FIR at Cantt. Police Station. ... 2. The Defence Representative also submitted that Mr. Alok Pandey went to Police Station and lodged FIR. ... 3. ... When he prot....
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