Kerala High Court Upholds Rape Conviction Of Man Spotted And Identified By Minor Victim In Public Place 1.5 Months After Incident
1 year, 3 months ago

Kerala High Court Upholds Rape Conviction Of Man Spotted And Identified By Minor Victim In Public Place 1.5 Months After Incident

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The Kerala High Court last week held that conviction for rape can be made on the sole testimony of the prosecutrix and no corroboration such as test identification parade would be required if the evidence of the victim was reliable and inspires the confidence of the Court. The Court held that in appropriate cases when the evidence of the victim is reliable and trustworthy, the Court may accept the evidence of identification, even without insisting on test identification parade. In appropriate cases, it may accept the evidence of identification, even without insisting on corroboration.” The Court then considered the ingredients of rape prior to the amendment of IPC vide Criminal Law Amendment Act, 2013 as the alleged offence took place in 2004. Conviction can be recorded on the sole testimony of the prosecutrix, if her evidence inspires confidence and there is absence of circumstances which militate against her veracity.” After considering the entire evidence, the Court found that there was forceful sexual intercourse against the victim and that the prosecution has established the offence of rape punishable under Section 376 of IPC by the accused.

Evidence Court Test Conviction Victim Accused Ipc Held Parade Offence Section 376 Identification Test Identification Parade Public Place Upholds Rape That Conviction  identification  held  accused  victim  minor  kerala  upholds  rape  spotted  man  public  court  offence  test  months  parade  place  evidence

History of this topic

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC
1 month, 2 weeks ago

Identification Of Accused By Eye-Witness Not Known To Him In Court Without Test Identification Parade Not Credible: Punjab & Haryana HC

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The Punjab and Haryana High Court has acquitted a murder case convict after finding that the prosecution case was not reliable and the testimony of eye-witness was not credible.Justice Sureshwar Thakur and Justice Sudeepti Sharma said the the eyewitness account who is unknown to the accused is not credible if he directly identified him in the Court, without prior test …

Trial Courts Must Be Cautious In Accepting Dock Identification Of Stranger Accused By Witness Without Test Identification Parade : Supreme Court
5 months, 4 weeks ago

Trial Courts Must Be Cautious In Accepting Dock Identification Of Stranger Accused By Witness Without Test Identification Parade : Supreme Court

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The Supreme Court observed that if the accused is a stranger to a witness, then without holding a Test Identification Parade of the accused, the identification of the accused by a witness in the court cannot be considered a good piece of evidence for deciding conviction.“In cases where accused is a stranger to a witness and there has been no …

Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court
9 months ago

Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court

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The Orissa High Court has held that the prosecution must examine the Magistrate, who conducts the Test Identification Parade, as a 'prosecution witness' so as to ascertain the and identify any irregularity caused during such exercise. parade cannot be canvassed and discussed by the trial Court in his absence from the witness box.” Brief Background The four appellants were charged …

S.5 Criminal Procedure (Identification) Act | Magistrate Can Order Accused To Give Handwriting Sample Even In Absence Of Arrest: Kerala HC
1 year, 4 months ago

S.5 Criminal Procedure (Identification) Act | Magistrate Can Order Accused To Give Handwriting Sample Even In Absence Of Arrest: Kerala HC

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The Kerala High Court recently held that until specific provisions are enacted in CrPC, Magistrates are empowered to order the collection of handwriting samples of accused for investigation purposes and that such orders do not inherently violate Article 20 of the Constitution.Justice Raja Vijayaraghavan added that Magistrates have the jurisdiction to. The Kerala High Court recently held that until specific …

Test Identification Parade Only Rule Of Prudence, Its Absence Does Not Necessarily Vitiate Identification Of Accused In Court: Kerala High Court
1 year, 10 months ago

Test Identification Parade Only Rule Of Prudence, Its Absence Does Not Necessarily Vitiate Identification Of Accused In Court: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that the absence of a test identification parade, does not necessarily invalidate identification of an accused in court.A single bench of Justice Bechu Kurian Thomas held that:“The object of a test identification parade is to test and ascertain the trustworthiness of the evidence regarding the identification of the accused. The Kerala High Court …

Test Identification Parade Can't Be Permitted After Lapse Of Several Years: Karnataka HC
2 years, 3 months ago

Test Identification Parade Can't Be Permitted After Lapse Of Several Years: Karnataka HC

Live Law  

The Karnataka High Court has made it clear that Test Identification Parade is to ascertain the identity of accused persons and cannot be conducted after lapse of several years, as there is risk of the witnesses having lost proper memory. "In the present case, the test identification parade was sought to be carried out by the investigating officer after a …

Bombay High Court Overturns Dacoity Conviction Citing Lapses In Arrangement Of Test Identification Parade By The Police
2 years, 4 months ago

Bombay High Court Overturns Dacoity Conviction Citing Lapses In Arrangement Of Test Identification Parade By The Police

Live Law  

The Bombay High Court overturned conviction of four accused in a dacoity case observing that the prosecution's evidence was unreliable due to irregularities in arranging the test identification parade. The trial court examined 12 witnesses including two victims, the pancha for recovery, the Tahsildar who had conducted the test identification parade and the investigating officers. The court also noted the …

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court
3 years, 1 month ago

'Investigating Officer Not Taking Steps To Conduct DNA Test Of Foetus': Pregnant Rape Survivor Alleges Before Kerala High Court

Live Law  

The Kerala High Court on Thursday heard a woman, who became pregnant pursuant to a sexual assault on her, accusing the investigating officer of not taking steps to conduct the DNA test of her foetus. The primary allegation was that under the guise of complying with the Court's previous interim order to provide her police protection from another police station …

Shameful That Every Other Case Is That Of A Minor Being Raped: Kerala High Court Expresses Shock Over Rising POCSO Cases
3 years, 3 months ago

Shameful That Every Other Case Is That Of A Minor Being Raped: Kerala High Court Expresses Shock Over Rising POCSO Cases

Live Law  

Appalled by the rising instances of minors being subjected to rape in the State, the Kerala High Court while hearing a criminal appeal remarked: "It is a shame that every other case we consider is sadly a rape of a minor." A while upholding the conviction of a man accused of raping a minor girl living in his neighbourhood, found …

"Victim's Statement Inconsistent": Bombay High Court Acquits Man Convicted Under POCSO Act For Allegedly Raping A 7 Yr Old
4 years ago

"Victim's Statement Inconsistent": Bombay High Court Acquits Man Convicted Under POCSO Act For Allegedly Raping A 7 Yr Old

Live Law  

The Bombay High Court on Monday quashed and set aside an order convicting a 28-year-old man of committing the rape of a minor child and after noting the inconcistencies in the victim's statement to the police, Court observed that it would be highly unsafe to convict the appellant solely on the basis of the testimony of the victim. Moreover, Adv …

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]
4 years, 3 months ago

Kerala HC Issues Guidelines For Maintaining Rape Victim Anonymity In Cases Filed Before It [Read Order]

Live Law  

The Kerala High Court has issued some future guidelines for maintaining rape victim's anonymity in the matters instituted before it.Justice PB Suresh Kumar, while considering a petition arising out of a bail order passed by POCSO Court, observed that in several matters instituted before the High Court the identity of the victim is disclosed directly or indirectly. The Kerala High …

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