'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
14 hours, 33 minutes 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 such a witness and thus the testimony of such a witness must inspire confidence of the Court.,” observed the Bench of Justices Sudhanshu Dhulia and Prashant Kumar Mishra. When the accused had surrendered on 10.10.2014 none of these injuries were noticed on the body of the accused.” The Court also did not find it believable that the victim went with the accused without raising any alarm. The only reason she gave is that there was a knife with accused and he had threatened her that if she raises an alarm her brother and father would be killed.” Based on these circumstances, the Court concluded that her statement did not inspire confidence.

Court Victim Accused Her Statement Prosecutrix  doesnt  testimony  prosecutrixs  prosecutrix  injuries  court  case  supreme  accused  rape  statement  victim  witness  inspire  evidence  affirms  confidence

History of this topic

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
13 hours, 1 minute 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 …

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
1 day, 12 hours 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 …

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

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

RG Kar Rape-Murder Case Trial Likely To Be Over In One Month, Says Supreme Court
1 month ago

RG Kar Rape-Murder Case Trial Likely To Be Over In One Month, Says Supreme Court

Live Law  

The trial in the case relating to the rape and murder of a trainee doctor at the RG Kar Medical College Hospital, Kolkata is likely to be over within a month, observed the Supreme Court, after taking note of the latest status report filed by the Central Bureau of Investigation.The Court noted that the trial is being conducted on a …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
1 month, 1 week ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
1 month, 1 week ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Live Law  

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite …

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court
1 month, 1 week ago

Accused Claiming "Non-Access" To Rape Victim Can Seek Paternity Test To Prove His Claim: Calcutta High Court

Live Law  

The Calcutta High Court has allowed an accused in a rape case to undergo a paternity test in order to prove his claim that he had "non-access" to the alleged victim who claimed to have been raped by him and subsequently become pregnant.Justice Shampa Paul relied on the Supreme Court case of Dipanwita Roy vs. Ronobroto Roy and held:"In the …

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court
1 month, 3 weeks ago

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

Live Law  

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.Single-judge Justice Govind Sanap …

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
1 month, 3 weeks 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 …

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

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 3 weeks 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 …

SC says it will consider listing pleas challenging marital rape exception soon
3 months, 3 weeks ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

Supreme Court takes suo motu cognizance of Kolkata rape-murder case, hearing on Tuesday
4 months, 3 weeks ago

Supreme Court takes suo motu cognizance of Kolkata rape-murder case, hearing on Tuesday

Hindustan Times  

The Supreme Court has taken suo motu cognizance of the horrific rape and murder of a 31-year-old trainee doctor at R.G. Kolkata rape-murder case: A bench led by Chief Justice of India DY Chandrachud will hear the matter on Tuesday. Follow LIVE updates on Kolkata rape-murder case The Supreme Court's intervention comes in the wake of mounting public pressure and …

Supreme Court to hear marital rape pleas next week
5 months, 1 week ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

Delhi court directs police to take action against woman for false rape complaint
5 months, 2 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
5 months, 3 weeks ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 months, 4 weeks ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony
5 months, 4 weeks ago

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony

Hindustan Times  

New Delhi, Over nine years after a man was charged with rape, a court here has acquitted him, saying the testimonies of the alleged victim were not clear, cogent, credible or trustworthy, nor were her allegations corroborated by other material evidence. Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony Additional Sessions Judge …

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

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
6 months, 3 weeks ago

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Live Law  

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in …

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

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 4 weeks ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
9 months ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

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

Accused's Right To Expeditious Conclusion Of Trial Can't Be Defeated When Complainant Appears As Witness On Her Own Terms: Delhi High Court
10 months ago

Accused's Right To Expeditious Conclusion Of Trial Can't Be Defeated When Complainant Appears As Witness On Her Own Terms: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to the expeditious conclusion of trial cannot be defeated when the complainant chooses to appear as a witness at her own terms. Justice Navin Chawla said that the accused also has a right to the expeditious conclusion of the trial, as mere pendency of a case accusing a …

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge
10 months ago

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge

Live Law  

The Delhi High Court has expressed concern over the conduct of a trial court judge here who “suggested and assisted” the accused and victim to settle a rape case during recording of prosecution evidence.Justice Swarana Kanta Sharma directed that the case be tried by another judge, to ensure that justice should not only be done but The Delhi High Court …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
10 months, 1 week ago

Delhi court initiates woman’s trial for perjury for levelling false rape charges

Hindustan Times  

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury. “.this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken.,” said additional sessions judge Jagmohan Singh …

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court
10 months, 1 week 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 …

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction
11 months, 2 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 …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
11 months, 2 weeks ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

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

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court
1 year ago

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court

Live Law  

The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination. “This Court is of the view that the facility of video-conferencing through which the testimony of the prosecutrix can be …

Kerala court acquits man in 5-yr-old’s rape-murder case
1 year 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. …

Can women be accused of rape? Supreme Court to examine
1 year, 1 month ago

Can women be accused of rape? Supreme Court to examine

India Today  

The Supreme Court on Friday agreed to examine whether women can be accused of rape under Section 375 of the Indian Penal Code. Currently, the law in question begins with “A man is said to commit ‘rape’â€æ” and subsequently outlines various conditions under which a man can be accused of rape by a woman. While hearing a plea by a …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 1 month ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court
1 year, 1 month ago

Contradiction On Case's Crucial Aspects Totally Discredits Witness Statement, Makes It Unreliable: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently observed that the successful contradiction of a witness's statement on crucial aspects of a case would totally discredit their account and render it unreliable and untrustworthy. A bench of Justice Sanjay Dhar observed: “It is true that even if defence is successful in contradicting a witness, it would not always …

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
1 year, 2 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 …

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
1 year, 3 months ago

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court

Live Law  

Aghast to see the shocking lapses and the slipshod investigation on the part of the police, the Court drew attention to a 2003 report by Dr. Justice V.S. The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Echoing the same sentiment, it …

Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court
1 year, 4 months ago

Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court

Live Law  

The Gauhati High Court recently acquitted two persons who were convicted for the offence of penetrative sexual assault on a minor under Section 4 of POCSO Act on the ground that even though father of the victim had lodged the FIR, he did not alleged any sexual offence. Although uncorroborated evidence of prosecutrix is sufficient evidence against the perpetrators, yet …

Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official
1 year, 4 months ago

Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official

Live Law  

The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of Delhi government’s Women and Child Development Department.Premoday Khakha is accused of raping the minor over several months and impregnating her. The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea
1 year, 4 months ago

'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea

The Quint  

The Supreme Court, on Monday, 21 August, observed that compelling a woman to carry a child conceived through rape goes against the fundamental principles of the Constitution of India. The top court made this statement while granting approval for the termination of pregnancy for a 25-year-old rape survivor who had filed a plea. After 26 weeks, she approached the high …

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
1 year, 4 months ago

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

Live Law  

The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh. However, the court is required …

Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court
1 year, 5 months ago

Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court

Live Law  

The Delhi High Court on Wednesday issued various guidelines to be followed by the doctors and the Delhi Police while dealing with cases of medical termination of pregnancy of victims of rape.Justice Swarana Kanta Sharma directed that where an order for medical termination of pregnancy has been passed, the Delhi Police’s Investigating Officers must produce the victim before the. The …

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