Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
1 month ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that the prosecution failed to prove the victim's age according to the prescribed procedure under Section 94 of the Juvenile Justice Act, 2015. The Court, thus, held, “the prosecution has miserably failed to prove the charges framed under the Indian Penal Code against the appellant beyond all reasonable doubts.

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History of this topic

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
8 hours, 16 minutes ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law  

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
1 month, 1 week 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 …

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken
2 months ago

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken

Live Law  

The Rajasthan High Court has upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl. Despite the lengthy cross-examination by the defense, the court found that the girl's statement had not been shaken and that the evidence of the assault had been established through the FSL report.

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
3 months, 1 week ago

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court

Live Law  

While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned. Justice Subodh Abhyankar sitting at Indore observed, “Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that …

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court
5 months ago

POCSO Act | No Presumption Of Guilt Against Accused If Prosecution Fails To Prove 'Foundation Facts' Beyond Reasonable Doubt: Patna High Court

Live Law  

While deciding a POCSO case, the Patna High Court on Tuesday reiterated that the prosecution would not be absolved from proving the guilt of the accused beyond reasonable doubt despite the presumption of committing an offence operating against the accused under Section 29 of POCSO Act. The Court said that irrespective of the fact that there exists a presumption against …

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction
5 months, 3 weeks ago

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction

Live Law  

The Patna High Court while deciding on a criminal appeal against the conviction of appellant under Section 3 POCSO Act for penetrative sexual assault and under Section 376 IPC for rape, observed, The appellant claimed that he was falsely implicated for extortion of money and getting the victim married to him. However, the Court acquitted the appellant under Section 3 …

School Register Indicating Birth Date Of Minor Rape Victim Can't Be Disbelieved If School Headmaster Is Examined To Prove It: Karnataka High Court
5 months, 4 weeks ago

School Register Indicating Birth Date Of Minor Rape Victim Can't Be Disbelieved If School Headmaster Is Examined To Prove It: Karnataka High Court

Live Law  

The Karnataka High Court has held that entries made in school register indicating the birth date of a ward cannot be disbelieved and it is admissible evidence if the details are proved by examining the school headmaster as witness. One of the contentions raised by the accused in his appeal challenging the conviction order was that in spite of the …

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction
10 months, 3 weeks ago

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

Live Law  

The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act, while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused. The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test the …

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction
11 months, 3 weeks ago

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction

Live Law  

The Gauhati High Court has set aside the conviction and sentence imposed on a man, for committing the alleged offence of rape against a minor under Section 376 of IPC, by the Trial Court on the ground that the evidence of the victim is not similar to the deposition of her younger sister before the court and the evidence of …

Gang Rape & Murder Case: Patna HC Acquits Man Sentenced To Death Noting Prosecution's Sole Reliance On Sniffer Dog Evidence
11 months, 4 weeks ago

Gang Rape & Murder Case: Patna HC Acquits Man Sentenced To Death Noting Prosecution's Sole Reliance On Sniffer Dog Evidence

Live Law  

This week, the Patna High Court overturned the death penalty handed down to a man convicted of the murder and rape of a 12-year-old girl. The court reached this decision upon discovering that the prosecution's entire case relied solely on the presence of a sniffer dog entering the accused man's house. The Court initially conveyed its discontent with the Special …

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
1 year, 1 month ago

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

Live Law  

A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape. While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised …

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts
1 year, 2 months ago

Court Can Draw Adverse Inference Against Prosecution For Non-Examination Of Material Witness: Patna High Court Acquits Life Convicts

Live Law  

In a significant legal development, the Patna High Court, acquitted the accused persons in a murder case, setting aside their conviction. One of the primary issues before the Court was whether the non-examination of material witnesses, namely Rahul Paswan, Ghamri Ansari, and Sanju Singh, who had assisted the informant in rescuing the deceased from the pond and were alleged to …

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
1 year, 2 months ago

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

Live Law  

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 4 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 5 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?
1 year, 9 months ago

Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?

Live Law  

Under the Juvenile Justice Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 10 months 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 …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
1 year, 11 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 …

Kathua gangrape: SC holds accused adult, not to be tried as juvenile
2 years, 1 month ago

Kathua gangrape: SC holds accused adult, not to be tried as juvenile

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday held that one of the accused in the sensational gang-rape and murder case of an eight-year-old nomadic girl in Kathua was not a juvenile and now can be tried afresh as an adult for the offences. The top court also held that medical opinion regarding the age of an accused cannot be brushed …

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court
2 years, 3 months ago

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court

Live Law  

While reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, the Kerala High Court on Thursday observed,"In the conservative, tradition bound, non-permissive society like that of ours, none would make a false accusation of rape; braving ostracism, loss of face, social stigma and shame. While reiterating the settled law on conviction based on …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 4 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court
2 years, 4 months ago

Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court

Live Law  

The Madras High Court recently modified a judgment of conviction under the Protection of Children from Sexual Offences Act to one under the IPC after observing that the prosecution had failed to establish the age of the victim at the time of the offence. The court opined that when the prosecution had not produced the Transfer certificate of the victim …

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl
2 years, 7 months ago

"Victim Narrated Her Ordeal In Words & Signs": Allahabad High Court Denies Bail To 62 Y/O Man Accused Of Raping 3 Y/O Girl

Live Law  

The Allahabad High Court recently denied bail to a 62-year-old person accused of raping a 3-year-old girl as it noted that prima facie it was evident that the accused had committed an inhuman act of rape on a 3-year-old minor girl.The Bench of Justice Saurabh Shyam Shamshery also noted that the 3-year-old victim girl had narrated her ordeal in words …

Patna High Court Allows Termination Of Pregnancy Of A Minor Victim Of Sexual Abuse
2 years, 8 months ago

Patna High Court Allows Termination Of Pregnancy Of A Minor Victim Of Sexual Abuse

Live Law  

The Patna high Court recently allowed termination of pregnancy of a minor victim of sexual abuse. Justice Anil Kumar Sinha observed that a plain reading of the provisions of the Medical Termination of Pregnancy Act, 1971, shows that with the consent of pregnant woman or the guardian in case of minor, the pregnancy can be terminated by two registered Medical …

Mumbai court acquits father, uncle of minor in rape case after 3 years in jail
2 years, 8 months ago

Mumbai court acquits father, uncle of minor in rape case after 3 years in jail

India Today  

A special court under the Protection of Children from Sexual Offences Act has acquitted a father and an uncle who were accused of raping their minor daughter. The minor's mother, in her cross examination, had told the court that the husband had said talaq thrice to her and had divorced her on the day the complaint was lodged. In November …

Minor's Deposition Should Be Completed Expeditiously, Bombay High Court Seeks Explanation From Trial Judge On Delay
2 years, 10 months ago

Minor's Deposition Should Be Completed Expeditiously, Bombay High Court Seeks Explanation From Trial Judge On Delay

Live Law  

The Bombay High Court has said that in cases under the Protection of Children from Sexual Offences Act, where the victims are minor, the trial court should complete the deposition of the victim as expeditiously as possible. The court, in the case at hand, has also called for a report from the concerned trial court since there was no progress …

Rape Conviction Can Be Based On Sole Testimony Of Victim If Credible & Trustworthy, Reiterates Supreme Court
3 years ago

Rape Conviction Can Be Based On Sole Testimony Of Victim If Credible & Trustworthy, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a rape accused can be convicted on sole testimony of prosecuterix if she is found to be credible and trustworthy.In this case, one of the contentions raised by the rape accused who was concurrently convicted under Section 375 of the Indian Penal Code was that the prosecution case rests solely on the deposition of the …

Not enough evidence: Mumbai court acquits 37-year-old held for raping minor
3 years, 2 months ago

Not enough evidence: Mumbai court acquits 37-year-old held for raping minor

India Today  

A Mumbai sessions court acquitted a 37-year-old man from Mahim who was behind bars for rape and assault on a minor. The court said that the victim's mother’s deposition The court observed, “As per victim"s statement, it appears that the rape occurred during day time, then the question arises as to how she was present in the house when she …

Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case
3 years, 3 months ago

Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case

Live Law  

Observing that a child witness, by reason of his/her tender age, is a pliable witness and is amenable to tutoring and inducement, the Bombay High Court has acquitted a man convicted for raping a victim less than five year old. Justice Anuja Prabhudessai, disbelieving the child witness testimony before the trial court, as well as casting doubt on the child's …

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case
3 years, 5 months ago

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case

Live Law  

The evidence of approximate age of the prosecutrix cannot take the place of proof of exact age, the Patna High Court observed while acquitting an accused in a POCSO case.Arjun, the accused, was found guilty of rape of a girl aged about 13 years. The evidence of approximate age of the prosecutrix cannot take the place of proof of exact …

Patna High Court Acquits All 13 Accused in 1999 Senari Massacre
3 years, 7 months ago

Patna High Court Acquits All 13 Accused in 1999 Senari Massacre

News 18  

The Patna High Court on Friday acquitted all 13 people convicted in a two decades old case of massacre, one of the bloodiest that took place when many districts of Bihar were in the throes of violence unleashed by Maoist groups and private militia of landlords. The order was passed by a division bench headed by Justice Anjani Kumar Singh, …

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court
3 years, 9 months ago

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court

Live Law  

Factors which may not be relevant to determine the guilt of the accused can be considered at the stage of sentencing, the Supreme Court observed.In this case, the accused were convicted under Sections 344 and 366 of the Indian Penal Code for allegedly conspiring with the other accused to kidnap a minor girl. Factors which may not be relevant to …

Bihar youth gets 20 years jail term for raping minor
3 years, 10 months ago

Bihar youth gets 20 years jail term for raping minor

Hindustan Times  

A special Pocso court cum sixth additional district and session court in Bihar’s Ara city on Thursday awarded 20 years rigorous imprisonment to a youth for raping an eight year old minor girl in April 2019, said a law officer. Both the survivor and the convict are residents of a village situated under Hasan Bazar out post police station, said …

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]
4 years, 2 months ago

Patna HC Acquits Rape & Murder Accused Who Was Sentenced To Death By Trial Court [Read Judgment]

Live Law  

The Patna High Court acquitted a rape and murder accused setting aside the death sentence awarded by the Trial Court.Ajit Kumar was convicted by the Trial Court under Sections 363, 366A, 120B, 302, 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 finding him guilty of kidnapping and raping a …

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