Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the conviction of the accused.The bench noticed that, in. The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code. A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the conviction of the accused. The bench also directed the Registry of the High Court to place the record of the appeal in the high court before the judge for causing appropriate changes in the record, including passing appropriate practice directions, so that the trial courts in the state comply with the mandate and spirit of Section 228-A IPC.

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History of this topic

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court
1 week, 6 days ago

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court

Live Law  

The Jammu and Kashmir High Court has directed the Registry to immediately redact a prosecutrix/victim's name from the identified pages and any other additional pages flagged by the prosecution in a criminal case. The court ordered that police, forensic science laboratories, and medical professionals examining the prosecutrix must ensure that the name of the prosecutrix is not to be given …

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity
1 month ago

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity

Hindustan Times  

New Delhi, The Delhi High Court has refused to quash an FIR against A MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity Justice Neena Bansal Krishna said Maliwal's claim that she was protected from prosecution as her …

34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs
1 month, 2 weeks ago

34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs

Live Law  

Rajasthan High Court directed Director General of Police, Jaipur and the Principal Secretary, Department of Home, for issuing instructions and guidelines to all the Police Investigating Officers of Rajasthan to conduct the Test identification Parade of the accused with the victim in cases where the accused was not known to the victim. The bench of Justice Anoop Kumar Dhand was …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week 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, 1 week 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 …

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
Trending News
2 months, 2 weeks ago

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court, recently, observed that for Section 354 IPC to apply, criminal force must be used. Ravikumar added that in order to establish mens rea something better than vague statements must be produced before the court. However, the High Court refused to grant any such relief observing that it could not undertake a “microscopic examination of facts and evidence …

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
Trending News
2 months, 2 weeks ago

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court, recently, observed that for Section 354 IPC to apply, criminal force must be used. Ravikumar added that in order to establish mens rea something better than vague statements must be produced before the court. However, the High Court refused to grant any such relief observing that it could not undertake a “microscopic examination of facts and evidence …

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case
2 months, 3 weeks ago

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case

Live Law  

The Punjab & Haryana High Court acquitted a man in rape case observing discrepancy in the prosecutrix's testimony and that the alleged sexual intercourse was consensual as the clothes of the prosecutrix were not torn at the crime site.Justice Sureshwar Thakur and Justice Kirti Singh said, "The existence of untorn clothes of the prosecutrix, at the crime site, also is …

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case
2 months, 3 weeks ago

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case

Live Law  

A special POCSO Court in Rajasthan's Bharatpur district last week acquitted suspended judicial officer Jitendra Singh Guliya and his two clerks in connection with a case lodged against them on the allegations of repeatedly sodomising, sexually assaulting a minor boy and also threatening his family members of implicating them in false cases. The Court also took into account the discrepancies …

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males
3 months, 2 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law  

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
3 months, 3 weeks ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week 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 …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
4 months, 3 weeks ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

SC to decide on marital rape law despite Centre’s silence
6 months ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA
6 months, 1 week ago

Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA

Live Law  

" As far as Section 23 of POCSO Act, 2012 and Section 74 of Juvenile Justice Act, 2015 are concerned, the ingredients of both the sections with the above stated facts and discussion, clearly shows that prima facie Whats App news group in the name of “Nala News” in which message regarding identity of victim and her photograph were sent, …

Supreme Court raps Bengal govt over ‘inaction’ in rape case
7 months ago

Supreme Court raps Bengal govt over ‘inaction’ in rape case

Hindustan Times  

The Supreme Court on Tuesday reprimanded the West Bengal government for its mishandling of the investigation into the brutal rape and murder of a doctor at RG Kar Medical College and Hospital in Kolkata, stating that the conscience of the entire nation was shaken by the “horrific” and “horrendous” incident. The court’s criticism centred around the significant delay in lodging …

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
7 months, 1 week ago

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Live Law  

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of. …

Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court
8 months ago

Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court

Live Law  

The Gujarat High Court has observed that asking an unknown woman her name, address, and mobile number may be inappropriate but does not prima facie constitute sexual harassment under Section 354A of the Indian Penal Code. This observation was made by Justice Nirzar Desai in a case involving a man from Gandhinagar, Samir Roy, who was booked under Section 354A …

No financial settlement in sexual abuse cases: Delhi High Court
8 months, 2 weeks ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express  

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
10 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law  

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

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

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 2 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 …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
11 months, 2 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution
1 year, 3 months ago

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution

Live Law  

In a significant ruling, the Kerala High Court held that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims based on an analysis of Section 228-A and the Judges Act, 1985. “This Court, therefore, suggests that, in matters like this, wherever petitions are filed by or against victims …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 3 months 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 …

'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 …

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
1 year, 5 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law  

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to …

Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It
1 year, 5 months ago

Allahabad High Court Expunges Identity Of Rape Victim After Inadvertently Revealing It

Live Law  

The Allahabad High Court has directed its offices to ensure that the identity of a pregnant rape survivor, who approached it seeking medical termination of pregnancy, is concealed from all court records, including any and all communications and orders passed by the Court. A bench comprising Justices Salil Kumar Rai and Surendra Singh-I, while permitting the petitioner to undergo medical …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 5 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
1 year, 7 months ago

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

Live Law  

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 7 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 7 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 …

Marital rape petitions to be listed next month: SC
1 year, 8 months ago

Marital rape petitions to be listed next month: SC

Hindustan Times  

The Supreme Court on Wednesday observed that the petitions regarding the validity of the immunity to husband from marital rape “have to be decided”, as it agreed to list the matter after hearing in the Constitution bench matter relating to abrogation of Article 370 gets over in August. A five-judge bench is set to begin day-to-day hearings from August 2 …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 8 months ago

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC

News 18  

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. “We have to resolve the matters concerning marital rape,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 8 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

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 …

Delhi High Court Directs Registry To Ensure Confidentiality Of Victims Of Sexual Offences
1 year, 11 months ago

Delhi High Court Directs Registry To Ensure Confidentiality Of Victims Of Sexual Offences

Live Law  

The Delhi High Court has issued directions to its Registry for ensuring that anonymity and confidentiality of the prosecutrix or victim or survivor of sexual offences is strictly maintained in the filings. “Since redaction of the identifying particulars of the prosecutrix/victim/survivor from the FIR, chargesheet, proceedings before the trial court and other similar records, is the duty and obligation of …

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court
2 years ago

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court

Live Law  

The Delhi High Court on Monday said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored. Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance …

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover
2 years, 1 month ago

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover

Live Law  

The Aurangabad bench of Bombay High Court has directed the investigation agencies and trial courts to ensure that the identity of a rape victim is not disclosed even in the charge sheet.A division bench of Justice Vibha Kankanwadi and Justice Abhay S. Waghwase noted that the principal seat at Bombay has directed that photos showing the victim should be filed …

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

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court
2 years, 1 month ago

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that though an accused under the POCSO Act has the right to cross examine the victim, the questions asked by the defence cannot be such that reveal her identity during the trial.Justice Ilesh J. Vora observed that Section 33 cast a duty upon the Court to ensure that the identity of the …

SC seeks Centre's response on pleas seeking criminalisation of marital rape
2 years, 2 months ago

SC seeks Centre's response on pleas seeking criminalisation of marital rape

India Today  

The Supreme Court on Monday sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. While Justice Shakdher, who …

Bihar court orders Patna Police to register a rape case against senior IAS officer Sanjeev Hans and former RJD MLA Gulab Yadav
2 years, 2 months ago

Bihar court orders Patna Police to register a rape case against senior IAS officer Sanjeev Hans and former RJD MLA Gulab Yadav

Op India  

A Bihar court on Sunday ordered the Patna police to register a rape case against senior IAS officer Sanjeev Hans and former RJD MLA Gulab Yadav in connection with the alleged rape of a woman at a Delhi hotel in 2021. The woman said that Gulab Yadav blackmailed her threatening to make the obscene video viral and called her to …

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify
2 years, 3 months ago

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify

Live Law  

The Delhi High Court has asked its Registry to clarify whether there is any judicial decision or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or POCSO Act. Justice Anup Jairam Bhambhani said the identity of victim or prosecutrix is supposed to be protected …

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023
2 years, 3 months ago

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023

Live Law  

The Supreme Court of India has listed matters concerning the validity of the marital rape exception in the second week on January 2023. The issue was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate CU Singh who stated that the matters needed to be listed urgently. Senior Advocate CU Singh stated– "One …

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged
2 years, 3 months ago

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged

Hindustan Times  

Nearly a month after the Supreme Court acquitted three men convicted by lower court in the gangrape and murder of a 19-year-old woman, the family has now sought review of the order. Last month, a three-judge bench headed by former Chief Justice of India Uday Umesh Lalit said, “Having regard to the totality of circumstances and the evidence on record, …

Rape Accused Has No Right To Demand In-Camera Hearing : Supreme Court Dismisses Tarun Tejpal's Plea
2 years, 3 months ago

Rape Accused Has No Right To Demand In-Camera Hearing : Supreme Court Dismisses Tarun Tejpal's Plea

Live Law  

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha on Monday, dismissed Journalist Tarun Tejpal's plea for in-camera hearing in rape case appeal.Tejpal, co-founder and former Editor-in-Chief of Tehelka Magazine was accused of forcing himself on his junior colleague inside an elevator of the Grand Hyatt, Bambolim, Goa on November 7 and 8, 2013, during. Supreme Court …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 3 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 …

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