6 years, 4 months ago

Madras HC Acquits Man Of Rape Charges; Blames “Faulty Investigation” & Directs Training Of Investigation Officers [Read Judgment]

Live Law

The Madras High Court recently acquitted a man, who was sentenced to 10 years rigorous imprisonment by a lower court in a rape case and primarily blamed the “faulty investigation” for the same.Justice MV Muralidharan, therefore, directed the Director General of Police, Tamil Nadu to peruse the judgment and arrange for training sessions for all investigation officers throughout the state. The Madras High Court recently acquitted a man, who was sentenced to 10 years rigorous imprisonment by a lower court in a rape case and primarily blamed the “faulty investigation” for the same. Justice MV Muralidharan, therefore, directed the Director General of Police, Tamil Nadu to peruse the judgment and arrange for training sessions for all investigation officers throughout the state to sensitize them for handling cases involving sexual offences and other crimes against women. The court, in fact, termed the “faulty investigation” the root cause of the failure of the prosecution case, observing, “It is seen from the records that unfortunately the investigation conducted by PW-12 is the root cause to collapse the case of the prosecution.

Investigation Court Case Investigation Officers Officers Read imprisonment man officers read rape offence training investigation prosecution muralidharan hc madras conducted faulty court judgment case

History of this topic

1 month ago

Matrimonial Dispute Not Ground To Conclude That Husband Set Ablaze Wife, Must Prove Allegations With Legally Acceptable Evidence: Madras HC

Live Law

The Madras High Court recently set aside the conviction of a man accused of setting his wife ablaze and killing her after noting that there was no legally acceptable evidence to connect him to the crime. The bench of Justice GR Swaminathan and Justice R Poornima observed that though the woman had died in a tragic manner and there were …

1 month, 3 weeks ago

Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case

Live Law

The Supreme Court set aside the conviction of an accused in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The prosecution case was solely based on circumstantial evidence, contending that the Appellant murdered his family members due to a land dispute, however, it failed to prove the motive. Citing …

1 month, 3 weeks ago

Madras HC acquits Pocso convict for lack of corroborative evidence

New Indian Express

CHENNAI: The Madras High Court acquitted a man who was sentenced to 20 years of imprisonment in a Pocso case for sexual assault of a minor girl. Finding that the prosecution’s case against the convict was weakened by contradictions and lacked substantiated evidence, Justice M Nirmal Kumar set aside the conviction and sentence and ordered the man to be set …

2 months ago

Court duty officer exposes irregularities in rape case trial

Deccan Chronicle

Hyderabad: Timely action and investigation by a court duty officer exposed irregularities in producing evidence by a public prosecutor and the assistant public prosecutor that led to the acquittal of an accused in a 2016 rape case. Taking note of this, Cyberabad commissioner Avinash Mohanty submitted a detailed report to the department of prosecution to look into the matter and …

2 months, 1 week ago

Madras HC forms SIT to probe leak of minor survivor’s statement in sexual assault case

Hindustan Times

The Madras high court on Friday constituted a special investigation team in addition to a SIT that was already appointed by the Supreme Court in the case of a 10-year-old girl who was sexually assaulted in Chennai. The Madras high court on Friday constituted a special investigation team in addition to a SIT that was already appointed by the Supreme …

2 months, 1 week ago

Madras HC Seeks Report From State On Lapses In Probing Criminal Cases, Delay In Prosecuting Offenders & Framing Witness Protection Scheme

Live Law

The Madras High Court has directed the State Government, the Director General of Police, the Commissioner of Police, Superintendent of Cuddalore Central Prison to submit a report regarding serious lapses in investigating pending criminal cases and subsequent delays in prosecuting offenders along with setting up a Witness Protection Scheme in the State. The court added that the dereliction of duty …

2 months, 1 week ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

2 months, 2 weeks ago

Madras High Court: Bail depends on nature of crime, not jail term served

New Indian Express

CHENNAI: The Madras High Court has stated that the period of incarceration does not entitle an undertrial prisoner to get bail and it should instead be decided by taking into account the magnitude of the offence and its impact on the society. A division bench of Justices S M Subramaniam and M Jothiraman made the observation recently while dismissing an …

2 months, 2 weeks ago

Delhi court acquits man in 2021 rape case

Hindustan Times

New Delhi, : A Delhi court has acquitted a man accused of raping his sister-in-law, saying her testimony was not of "sterling quality". Delhi court acquits man in 2021 rape case Further, additional sessions judge Anuj Agrawal acquitted her husband of cruelty charges pointing out inconsistencies in her statement. In its verdict on January 4, the court said the prosecution’s …

2 months, 2 weeks ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

2 months, 3 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

3 months, 1 week ago

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape

Live Mint

A bench of Justice M Nagaprasanna of the Karnataka High Court on December 16 stayed proceedings against a man accused of rape and highlighted the “dangers of dating apps”, according to a report by India Today. It added that the police chargesheet did not account for the petitioner and defendants online chats and raised credibility about the “verbatim” witness statements …

3 months, 2 weeks ago

Madras HC reverses acquittal of seven in murder case, hands them double life-term

New Indian Express

CHENNAI: Finding the judgment of the trial court to be “perverse”, the Madras HC has reversed the acquittal of seven persons and sentenced them to double life imprisonment in a murder case. Holding that the prosecution has proved the charges beyond doubt, the bench sentenced Ramesh, Pandu alias Pandurangan, Sathish alias Sathishkumar, Prakash, Suresh, Ravi alias Pillakka Ravi and Kutti …

3 months, 4 weeks ago

Ensure accused get sufficient legal advice: Madras High Court

New Indian Express

MADURAI: The Madurai Bench of the Madras High Court recently observed that the judicial magistrate must ensure that the accused persons understand the consequences and have sufficient legal advice while pleading guilty before the magistrate proceeds to act. The petitioners appeared before the magistrate court in March 2023 and pleaded guilty, and the case was posted for final judgment. The …

4 months, 2 weeks ago

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

5 months, 1 week ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

9 months, 1 week ago

Dr Subbiah Murder | Trial Court Showed "Callous Attitude" In Failing To Appreciate Evidence, Disregarded Legal Proposition: Madras High Court

Live Law

While setting aside the conviction of all 9 accused in the infamous Dr. Subbiah murder case, the Madras High Court recently observed that the trial court had taken a callous approach in the case, by not appreciating the evidence before it and disregarding the settled legal proposition. “We thought it fit to touch upon this aspect also to highlight the …

9 months, 2 weeks ago

Madras HC acquits 7 death row convicts, two others in TN doctor murder case

New Indian Express

CHENNAI: The Madras High Court on Friday acquitted all the convicts, including seven on death row, in the sensational murder of neurosurgeon Dr SD Subbaiah in Chennai in an alleged property dispute in 2013. Allowing the appeals filed by the nine convicts, the division bench of Justices MS Ramesh and Sunder Mohan on Friday set aside the judgment passed by …

9 months, 3 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

11 months, 4 weeks ago

Delhi HC acquits four in gangrape case

New Indian Express

NEW DELHI: The Delhi High Court on Monday acquitted four men sentenced to life imprisonment by a trial court for allegedly abducting and gangraping a woman in 2018, saying the investigation was not upto the mark. Allowing the appeal filed by the four men challenging the trial court’s judgment, the high court said no incriminating word had been said by …

1 year, 3 months ago

Kerala court acquits man in 5-yr-old’s rape-murder case

Hindustan Times

Kochi: A special Pocso court in Idukki district of Kerala on Thursday acquitted a man accused of raping and murdering a five-year-old girl in June 2021. The verdict of the special fast-track court in Kerala acquitting the 21-year-old man in the case has dealt a blow to the prosecution and the police as the incident had triggered outrage back then. …

1 year, 6 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

1 year, 11 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

2 years, 2 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

2 years, 4 months ago

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her

Live Law

The Calcutta High Court on Monday refused to quash criminal proceedings initiated against a judicial officer accused of raping a litigant on a false promise to marry her. The matrimonial dispute of the complainant was pending before the petitioner herein, a member of the WB Judicial Service who held the post of Additional Chief Judicial Magistrate at the time, when …

2 years, 4 months ago

Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence

Live Law

The Allahabad High Court on Tuesday upheld the conviction of a man who raped a 10-year-old girl 43 years ago after finding the testimony of the victim to be reliable. High Court's observations Having perused the evidence on record, the Court, at the outset rejected the argument of the defece that the doctor and the IO were not examined, as …

2 years, 5 months ago

"One Of Most Perfunctory Investigation" : Supreme Court Acquits Man Who Was Sentenced To Death For Alleged Murder Of Wife, Four Kids

Live Law

The Supreme Court acquitted a man who was sentenced to death for alleged murder of his wife and his four kids.Without any hesitation and with disappointment, we state that the case on hand is one of most perfunctory investigation, the CJI UU Lalit, Justices S. Ravindra Bhat and JB Pardiwala remarked.Project 39A of the National Law University Delhi gave legal …

2 years, 7 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

2 years, 10 months ago

Allahabad High Court Denies Bail To HC Advocate Accused Of Raping Law Student

Live Law

The Allahabad High Court on Thursday denied bail to an HC advocate, who has been accused of sexually and physically assaulting a Law Student for a substantial long period.Taking into account the allegations against Advocate-Accused Rajkaran Patel, the Bench of Justice Samit Gopal observed thus:"The prosecutrix was junior in the office of the applicant. The Allahabad High Court on Thursday …

2 years, 10 months ago

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

Live Law

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the …

2 years, 11 months ago

No Marks Of Violence On Any Part Of Body, Accused Entitled To Benefit Of Doubt: Calcutta HC Sets Aside Conviction For Rape

Live Law

The Calcutta High Court has recently set aside the conviction for the offence of rape under Section 376 of the IPC after observing that since no marks of injury had been found on the body or private parts of the victim, the allegation of 'forcible rape' is not sustainable. Justice Bibek Chaudhuri noted that the victim had been examined by …

3 years ago

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime

Live Law

The Madhya Pradesh High Court recently refused to interfere with the charge framed against an Advocate under the POCSO Act for 'ill-advising' the accused and Prosecutrix in a rape case, suggesting them 'not to disclose true facts to the police'. Justice Sanjay Dwivedi was dealing with a criminal revision preferred by the Applicant aggrieved by order of the trial court, …

3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

3 years, 5 months ago

Madras HC Sentences School Teacher to 10 Years Rigorous Imprisonment Under POCSO Act

News 18

Holding that a four year-old child can not be expected to give cogent evidence with regard to the sexual assault on her, the Madras High Court has set aside a trial court order acquitting a school teacher in Puducherry charged with the crime on the minor and awarded him 10 years’ Rigorous Imprisonment and also imposed a fine of Rs …

3 years, 6 months ago

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case

Live Law

Observing that "guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution," the Karnataka High Court recently set aside the order passed by a trial court acquitting a person accused of raping a minor. However, the court on going through the record noted that the prosecution had not made the necessary …

3 years, 6 months ago

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case …

3 years, 8 months ago

Madras High Court overturns acquittal of child sexual abuser over 'semen' typo error

Op India

An accused in a case of child sexual abuse under the POCSO Act was able to exploit a typo of the word ‘semen’ to secure acquittal in a trial court in Tamil Nadu, reported Bar and Bench. Dismissing the objections raised by the trial court, the Madras High Court contended that people in rural areas often don’t have knowledge on …

4 years ago

'Compensate Rape Accused Acquitted After 20 Yrs': BJP Leader Kapil Mishra Moves Supreme Court Seeking Mechanism To Deal With False Criminal Cases

Live Law

Bhartiya Janata Party leader Kapil Mishra has moved Supreme Court by way of filing a Public Interest Litigation seeking 'adequate compensation' for Vishnu Tiwari, a rape accused, who was recently acquitted by Allahabad High Court after spending 20 years In Jail. Importantly, the plea states, "The law is being misused and abused by filing fake and malicious complaints and no …

4 years ago

'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years

Live Law

The Allahabad High Court recently came to the rescue of a man, after he suffered 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute. However, in the instant case, it observed that the testimony of the prosecutrix cannot be said to be that of a sterling …

4 years, 1 month ago

Bombay HC cites lack of evidence, acquits man convicted of rape, murder of child

Hindustan Times

The Bombay high court’s Aurangabad bench has acquitted a 34-year-old man sentenced to death for raping and murdering a child in 2017, saying a special court convicted him without conclusive evidence and cross-examination of the witnesses. During the trial, the police informed the special court that it had recovered a nylon rope used to kill the child from the man’s …

4 years, 2 months ago

Bombay HC acquits man of rape, says impossible for a single man to gag victim, remove her clothes without scuffle

India Today

Justice Pushpa Ganediwala of the Nagpur bench of Bombay High Court whose recent order on a case under POCSO Act came under scrutiny recently acquitted a man of rape charges, stating that it seemed “highly impossible for a single man to gag the victim and remove her and his clothes at the same time without any scuffle.” “It seems highly …

4 years, 7 months ago

Accused Not Entitled to Acquittal Just Because Complainant Probed Case: SC

News 18

In a significant verdict, the Supreme Court on Monday overruled its 2018 judgement that had held that if a complainant or an informant of a crime investigate a case then the accused are entitled to acquittal and held that the “question of bias” would depend upon facts and circumstances of each such matters. A contrary decision of this Court in …

4 years, 8 months ago

Madras HC Quashes Criminal Case Against Mentally Disabled Man Accused Of Participating In Tuticorin Protests [Read Order]

Live Law

The Madras High Court last month quashed a criminal case against a mentally disabled man who was accused of participating in a protest against the shooting incident at Thoothukudi on the closure of Sterlite Industries. Before the Court, his counsel submitted that the accused is a mentally ill person, undergoing treatment for psychological disorder and without knowing the consequences, he. …

5 years, 1 month ago

Accused Cannot Be Convicted Of Rape On Basis Of Sole Testimony Of Prosecutrix Unless Her Testimony Is Of "Sterling" Quality: SC [Read Judgment]

Live Law

The Supreme Court has held that the conviction of an accused in Rape Cases cannot be done on the basis of sole testimony of the Prosecutrix unless she passes the test of "Sterling Witness".The Judgment rendered by a Bench comprising Justices Ashok Bhushan & M.R. The Supreme Court has held that the conviction of an accused in Rape Cases cannot …

5 years, 5 months ago

(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC: SC [Read Order]

Live Law

The Supreme Court, while acquitting a rape accused, observed that the conviction of an accused cannot be based solely on a statement of the witnesses recorded by the Police under Section 161 or 154 of the Code of Criminal Procedure. But the Trial Court convicted the accused relying upon the statements recorded under Sections 154 and 161 of the Code …

5 years, 5 months ago

If Victims Evidence Inspires Confidence In Absence Of Medical Evidence Court Can Convict Rape Accused : Karnataka HC [Read Judgment]

Live Law

The Karnataka High Court while setting aside an acquittal order and convicting a 47-year old man on charges of raping a minor girl said "The very evidence of victim inspires confidence of the Court that accused subjected her to sexual act and even in the absence of medical evidence this court can come to the conclusion that victim was subjected …

5 years, 6 months ago

Rape: There Can Be No Presumption That Prosecutrix Would Always Tell Entire Story Truthfully: Tripura HC [Read Judgment]

Live Law

While acquitting a rape accused, the Tripura High Court observed there can be no presumption that the prosecutrix would always tell the entire story truthfully.Justice Arindam Lodh observed that the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape.Allowing the criminal appeal, Court held that the prosecution failed to …

5 years, 8 months ago

Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct: SC [Read Judgment]

Live Law

The Supreme Court has reiterated that the acquittal in the course of the criminal trial by itself is not a ground for vitiating the finding of misconduct which has been arrived at during the course of the disciplinary proceedings. Allowing his challenge against the findings of disciplinary enquiry, the High Court concluded that since the departmental proceedings as well as …

5 years, 9 months ago

Delhi HC Acquits Man Of Rape, Notes Woman Called Him 529 Times Before Calling Police [Read Judgment]

Live Law

Delhi High Court acquitted a man charged with rape noting amongst other things the fact that the complainant woman called him 529 times before calling police which made her narration shady. Bench of Justice Manmohan and Justice Sangita Dhingra Sehgal was hearing an appeal filed under Section 372 of the Code of Criminal Procedure 1973, challenging the judgment of the …

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