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CDJ
CDJ Team 29 Jan 2025

Criminal Procedure Code - Section 482 –Indian Penal Code – Section - 376(2) (N), 342, 307, 355, 323, 368, 504, and 506 - consensual sexual relationship can never become a licence to the man to assault a woman. (CDJ 2025 Kar HC 054)

Consensual acts between the two cannot become a rape. Hence, the offence of rape under Section 376(2)(n) of the IPC alleged against the petitioner is obliterated. All other offences like attempt to murder under Section 307 of the IPC or assault stand sustained.

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CDJ
CDJ Team

Family Courts Act, 1984 - Section 7 - Indian Evidence Act, and 1872 - Section 112 - DNA test - declaration of paternity - (CDJ 2025 SC 166)

Legitimacy determines paternity. A child born within marriage is the child of the husband- can’t order DNA test on allegations of Adultery…says Supreme Court.

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CDJ
CDJ Team 24 Jan 2025

Criminal Procedure, 1973 - Section 379 - Indian Penal Code, 1860 - Section 302 read with Section 34 - (CDJ 2025 SC 131)

minor inconsistencies in witness testimony should not overshadow the truth of their statements. - Mere conjectures or hypothetical inconsistencies cannot form the basis for acquittal when the evidence, viewed as a whole, points to the guilt of the accused.

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The CDJ Law Journal established in the year 2000

The CDJ Law Journal established in the year 2000 started to publish THE COMPLETE DIGITAL JUDGMENTS (CDJ) consisting of all the reportable judgments of Supreme Court of India and various Indian High courts and Foreign Courts daily through website, www.cdjlawjournal.com .

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