Rape: There Can Be No Presumption That Prosecutrix Would Always Tell Entire Story Truthfully: Tripura HC [Read Judgment]
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 prove. 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. While acquitting the accused, the court said: This court is conscious of the fact that in a matter of rape, the statement of the prosecutrix must be given primary consideration but, at the same time the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that the prosecutrix would always tell the entire story truthfully.

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History of this topic

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
3 weeks, 3 days ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Delhi court acquits Army official accused of rape on pretext of marriage
1 month ago

Delhi court acquits Army official accused of rape on pretext of marriage

Hindustan Times  

Delhi's Karkardooma Court has acquitted an army official accused of raping a woman under the pretext of marriage. The court ruled that the prosecution failed to provide evidence beyond reasonable doubt, and the woman's testimony was not trustworthy. Additional Sessions Judge Gajendra Singh Nagar acquitted the accused and said, "This court is of the opinion that the prosecution has failed …

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 3 weeks ago

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court

India Today  

The Nagpur Bench of the Bombay High Court recently upheld the conviction and 10-year sentence imposed by the Amravati Sessions Court on labourer Balya alias Rahul Lokhande for raping a 35-year-old woman who lived alone. Lokhande had appealed his conviction, but the High Court ruled that the victim’s testimony was “cogent, concrete, and reliable.” According to the prosecution, the incident …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 3 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 2 weeks ago

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

Live Law  

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix …

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

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
2 months, 2 weeks ago

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

Live Law  

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment. The Court was also aghast to note that the Gujarat High Court did not …

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

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
4 months, 3 weeks ago

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused. "Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
8 months, 2 weeks ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC
8 months, 3 weeks ago

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC

News 18  

The Meghalaya High Court has ruled that a survivor’s forgiveness is not sufficient to quash a First Information Report in a rape case. Chullai referenced the Supreme Court’s 2012 ruling in Gian Singh vs. State of Punjab, emphasising that serious crimes such as rape cannot be dismissed based on forgiveness or mutual agreement. Regarding the forgiveness letter, the court noted …

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable
9 months, 2 weeks ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

Live Law  

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged …

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

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 3 weeks ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court
1 year ago

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court

Live Law  

A Delhi Court has observed that women who misuse the law to falsely implicate any individual of rape should be dealt with strictly. Additional Sessions Judge Jagmohan Singh of Rohini Courts made the observation while acquitting three men in a gang rape and kidnapping case, observing that the prosecutrix's conduct was highly unnatural and belied her story. “In the considered …

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
1 year, 4 months 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 …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 8 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, 8 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 …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 9 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court
2 years ago

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court

Live Law  

The Supreme Court of India on recently reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred. Relying on judicial precedents, a Bench of Justices BR Gavai and Sanjay Karol observed, “…in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, …

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

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

'Abused & Denied Even Basic Dignity, Mere Submission Will Not Constitute Consent': Punjab and Haryana High Court Upholds Conviction Of Two In OP Jindal Rape Case
2 years, 5 months ago

'Abused & Denied Even Basic Dignity, Mere Submission Will Not Constitute Consent': Punjab and Haryana High Court Upholds Conviction Of Two In OP Jindal Rape Case

Live Law  

Upholding the conviction and sentence of two men in the 2015 OP Jindal University rape case, the Punjab and Haryana High Court has reiterated that in a situation where the victim has no other option but to submit to the demands of the perpetrator, the mere submission on her part will not constitute 'consent' and thus the case will fall …

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court
2 years, 6 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 …

Prosecutrix Travelling & Enjoying Hospitality Of Accused After Alleging Rape Belies The Allegations: Gujarat High Court Grants Bail
2 years, 7 months ago

Prosecutrix Travelling & Enjoying Hospitality Of Accused After Alleging Rape Belies The Allegations: Gujarat High Court Grants Bail

Live Law  

The Gujarat High Court recently granted bail to a man accused of participating in gang-rape of the prosecutrix, after noting that the latter was on very friendly terms with the accused and even after levelling such grave allegations, she had been travelling with him and had been enjoying his hospitality. Justice Rajendra Sareen observed, The High Court further noted that …

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court
2 years, 10 months ago

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that the consent of the prosecutrix under Section 90 of the Indian Penal Code was not vitiated when her doubts in the relationship got cemented with the lapse of time. Setting aside the conviction of the accused under Section 376 of the Indian Penal Code, a Division Bench of Justices Rongon Mukhopadhyay and Rajesh …

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

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

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case
3 years, 5 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 …

"Can't Permit Accused To Engage Lawyer On Prosecutrix's Behalf": MP HC Denies Bail To Man Whose Counsel Had Victim's Vakalatnama
3 years, 6 months ago

"Can't Permit Accused To Engage Lawyer On Prosecutrix's Behalf": MP HC Denies Bail To Man Whose Counsel Had Victim's Vakalatnama

Live Law  

Underscoring that the accused can't be permitted to engage Lawyer on behalf of the prosecutrix, the Madhya Pradesh High Court recently denied bail to a rape accused whose lawyer was having the Vakalatnama of the victim. Further, when the court insisted the Counsel as to whether there is any document to show that the talks of the marriage of the …

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation
3 years, 7 months ago

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation

Live Law  

The Delhi High Court on Thursday upheld the order of conviction and sentence of a man for the offences of rape and stalking, after observing that the prosecutrix's testimony not only inspired confidence but was reliable, consistent and admissible.It noted however, that the Trial Court "failed in its duty" to refer the victim to the Delhi Victims Compensation Scheme, 2018 …

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, 8 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 …

Can't Take Cognizance Of Rape Accused Willingness To Marry Victim While Hearing Bail Plea: Allahabad High Court
3 years, 8 months ago

Can't Take Cognizance Of Rape Accused Willingness To Marry Victim While Hearing Bail Plea: Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday declined to take into account the statement of a Rape accused that he was willing to marry the rape victim while hearing his bail plea. The AGA also submitted that in the light of the law laid down in the case of Gold Quest International Private Limited vs. State of Tamil Nadu and Others; …

Tarun Tejpal Acquittal Judgment Coloured By Prejudice & Patriarchy; Focuses On Victim Blaming : Goa Govt In Appeal
3 years, 9 months ago

Tarun Tejpal Acquittal Judgment Coloured By Prejudice & Patriarchy; Focuses On Victim Blaming : Goa Govt In Appeal

Live Law  

The Goa Government has cited the trial court's lack of understanding of a rape victim's post-trauma behavior, using her past sexual history and education as legal bias against her but not using the same standards against the accused, and making observations driven by "patriarchy" as some of the grounds to challenge the judgment acquitting journalist Tarun Tejpal. On Tejpal's Apology …

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

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

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court
4 years, 3 months ago

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court

Live Law  

The Bench of Justice Vibhu Bakhru dismissed the appeal impugning a judgment dated 24.03.2018 of Trial Court, whereby the accused was acquitted of the offences for which he was charged – offences punishable under Section 417/376 of the Indian Penal Code, 1860. The prosecution's case rested almost entirely on the statements and the testimony of the complainant and after analysing …

'Not The Way Our Women React When They Are Ravished': Karnataka HC On Rape Victim Claiming To Have Slept After Offence [Read Order]
4 years, 9 months ago

'Not The Way Our Women React When They Are Ravished': Karnataka HC On Rape Victim Claiming To Have Slept After Offence [Read Order]

Live Law  

Noting the "unbecoming" conduct of an alleged rape victim who slept after being "ravished", the Karnataka High Court on Monday allowed the pre-arrest bail application of the accused in the case. "The explanation offered by the complainant that after the perpetration of the act she was tired and fell asleep, is unbecoming of an Indian woman; that is not the …

SC Affirms Conviction In Rape Case Rejecting Prosecuterix's Affidavit That Her Complaint Against Accused Was Under Pressure [Read Order]
5 years, 1 month ago

SC Affirms Conviction In Rape Case Rejecting Prosecuterix's Affidavit That Her Complaint Against Accused Was Under Pressure [Read Order]

Live Law  

While affirming conviction of the accused in a rape case, the Supreme Court refused to accept affidavit filed by the prosecuterix that she had lodged the case against the accused under pressure. Rakesh Kumar Yadav had filed an appeal before the Apex Court challenging his concurrent conviction in a rape case. During the pendency of this appeal before the Apex …

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

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

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

Applying 'Residual Doubt Theory', SC Commutes Death Penalty Awarded For Rape-Murder Of Minor [Read Judgment]
5 years, 5 months ago

Applying 'Residual Doubt Theory', SC Commutes Death Penalty Awarded For Rape-Murder Of Minor [Read Judgment]

Live Law  

The Supreme Court on Thursday applied "residual doubt theory" to commute the death penalty awarded to a person for rape and murder of a 13 year old girl.As per this theory, a higher standard of proof than used at the conviction stage is used to assess whether the convict deserves death penalty.The bench of Justices Rohinton Fali Nariman, R. Subhash …

Bombay HC Sets Aside Rape Conviction Of 19 yr Old boy, Says Possibility Of false Implication Cannot Be Ruled Out [Read Judgment]
5 years, 10 months ago

Bombay HC Sets Aside Rape Conviction Of 19 yr Old boy, Says Possibility Of false Implication Cannot Be Ruled Out [Read Judgment]

Live Law  

The Bombay High Court recently quashed and set aside the conviction of a 19-year-old in a rape case. Case Background According to the prosecution, on March 10, 2009, the day of Holi, when the victim was celebrating outside, three accused including the appellant dragged her to a nearby river, which was approximately 10 minutes walking distance and the appellant raped …

‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court
5 years, 11 months ago

‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court

Hindustan Times  

The Bombay high court recently held that in the event of the prosecution failing to prove guilt of the accused, it was the responsibility of the court to safeguard the rights of the survivor. ‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court The court was hearing an appeal by a rape convict against his 20-year conviction …

3 Decades Old Rape, Prosecutrix Settled In Life: SC's 'Special Reasons' To Reduce Convict's Sentence To Period Already Undergone [Read Order]
6 years, 1 month ago

3 Decades Old Rape, Prosecutrix Settled In Life: SC's 'Special Reasons' To Reduce Convict's Sentence To Period Already Undergone [Read Order]

Live Law  

The Supreme Court reduced punishment awarded to a rape convict to period already undergone taking into account the 'special reasons'. 3 decade old rape incident, the prosecutrix and the accused married and settled in life, are the 'special reasons' which prompted the Apex court bench to reduce the sentence. The 'special reasons', according to the counsel were that: there are …

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

Calcutta HC Sets Aside Rape Conviction; Says Marriage Promise Wasn’t Necessarily False Even If He Didn’t Finally Marry [Read Judgment]
6 years, 6 months ago

Calcutta HC Sets Aside Rape Conviction; Says Marriage Promise Wasn’t Necessarily False Even If He Didn’t Finally Marry [Read Judgment]

Live Law  

The Calcutta High Court on Thursday allowed an appeal filed by a man convicted of rape by establishing sexual relations with a woman on false promise of marriage.Justice Rajasekhar Mantha opined that the promise of marriage made by the appellant wasn’t proven to be false as the plans for the couple’s marriage were essentially thwarted by the appellant’s father who …

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