There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court
4 months 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 upheld the conviction of. 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. Bringing such an incident in public can cause irreparable damage to the reputation of the victim and her family," Justice Sanap said in his judgment, which was made available earlier this week. The judge noted the fact that on May 20, 2016, the appellant called the victim girl to his house on the pretext of speaking to her about some study material.

Bombay High Court Victim Judge House His House Her Family Appellant Such Cases  bombay  girl  family  cases  house  judge  court  builtin  levelled  rape  sanap  appellant  victim  high  incident  fabricated  charge  justice  genuine

History of this topic

Kerala High Court warns police: Don’t blindly believe sexual assault complaints
3 weeks, 1 day ago

Kerala High Court warns police: Don’t blindly believe sexual assault complaints

Op India  

On 24th February, the Kerala High Court cautioned the police against conducting unilateral investigations in sexual assault cases solely based on the complaint of a woman. The court, presided over by Justice PV Kunhikrishnan, was hearing the bail matter in Noushad K vs State of Kerala case, and Justice Kunhikrishnan observed that the police must investigate the claims made by …

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 2 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, 2 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 …

'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 …

‘Shameful act’: Bombay HC to man convicted of raping his mother-in-law
4 months, 1 week ago

‘Shameful act’: Bombay HC to man convicted of raping his mother-in-law

Hindustan Times  

The Nagpur bench of the Bombay High Court on Tuesday upheld the conviction of a man for raping his mother-in-law, reported PTI. The high court, however, refused to accept this contention and said the victim at the time of the incident was 55 years old and asserted that she would not invite such a stigma on her character by levelling …

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

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 …

Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases
1 year ago

Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases

Hindustan Times  

The Punjab and Haryana high court has recommended a slew of measures for dealing with sextortion cases and asked the police of Punjab, Haryana and Chandigarh to consider criminal prosecution against those filing false complaints. While dealing with such a case, the high court bench of justice Anoop Chitkara observed that this cannot be allowed to go on as it …

'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 …

Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual
1 year, 10 months ago

Calcutta High Court Acquits Man In Rape Case, Says Physical Relationship Was Consensual

Live Law  

The Calcutta High Court on Wednesday set aside the conviction under Section 376 of IPC of a rape accused, on the ground that physical relationship between the appellant and the victim was consensual and the age of the victim was not conclusively established by the prosecution before the Trial Court. The victim in her deposition before the trial court submitted …

Row Over Rahul Gandhi's 'Rape' Remark: Are We Forgetting the Real Problem Here?
2 years ago

Row Over Rahul Gandhi's 'Rape' Remark: Are We Forgetting the Real Problem Here?

The Quint  

Sample these: As per a July 2018 report, the Gujarat High Court had to remind the state government that it was “duty bound” to carry out a satisfactory probe in an abduction and gangrape case. The survivor also accused a senior police official of threatening her during the questioning, as well as of asking inappropriate questions. Shortly afterwards, the Ahmedabad …

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 …

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 …

Victim Of False Rape Accusation: Chennai Court Awards Man Rs 15 Lakh As Compensation Who Faced Trial For Over 7 Yrs
4 years, 4 months ago

Victim Of False Rape Accusation: Chennai Court Awards Man Rs 15 Lakh As Compensation Who Faced Trial For Over 7 Yrs

Live Law  

A Chennai court has awarded ₹15 lakh as compensation to a man named Santhosh, who was arrested on charges of rape and was made to face trial for over 7 years. The XVIII Additional Judge, City Civil Court, Chennai Dr. R. Sathya Santosh was hearing a suit filed by the plaintiff, Santosh under Order VII, Rule 1 CPC for directing …

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 …

Bombay HC decision to stay criminal proceedings against man accused of raping minor wife disrespects rights of rape survivors
5 years, 10 months ago

Bombay HC decision to stay criminal proceedings against man accused of raping minor wife disrespects rights of rape survivors

Firstpost  

The Bombay HC’s reasoning behind staying criminal proceedings against a man accused of raping minor wife in a recent case fails to justify why someone facing allegations of grave sexual offences like rape should be allowed to ‘negotiate’ his way out of the crime The Bombay High Court, exercising its inherent powers under Section 482 of the Criminal Procedure Code …

Rape Victim's Evidence Stands On Higher Pedestal Than That Of Injured Witness: Bombay HC [Read Judgment]
6 years, 1 month ago

Rape Victim's Evidence Stands On Higher Pedestal Than That Of Injured Witness: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has acquitted a man convicted of raping his 15-year-old student who took tuition from him. The court held that a rape victim's evidence stands on a higher pedestal than that of an injured witness. Refusing to believe the alleged victim's version, the court examined her statement to the police in detail: "During her entire stay of …

Takes A Lot Of Courage For Victims Of Sexual Offences To Speak Up: Delhi HC Raps ASJ For “Lack Of Sensitivity & Understanding Of Human Behaviour” [Read Judgment]
6 years, 5 months ago

Takes A Lot Of Courage For Victims Of Sexual Offences To Speak Up: Delhi HC Raps ASJ For “Lack Of Sensitivity & Understanding Of Human Behaviour” [Read Judgment]

Live Law  

The Delhi High Court on Wednesday convicted a 21-year-old man of raping an 11-year-old girl, while rapping the Additional Sessions Judge for showing “complete lack of sensitivity to human feelings and limitations”The Bench comprising Justice Vipin Sanghi and Justice IS Mehta observed, “Sexual offences carry with them a great deal of shame, embarrassment and guilt for the victim. The Delhi …

This Is What SC Held When It Quashed Charges Under POCSO Act Against Doctors In Kottiyoor Rape Case [Read Judgment]
6 years, 7 months ago

This Is What SC Held When It Quashed Charges Under POCSO Act Against Doctors In Kottiyoor Rape Case [Read Judgment]

Live Law  

‘Evidence should be such which should at least indicate grave suspicion. Mere likelihood of suspicion cannot be the reason to charge a person for an offence.’The Supreme Court has discharged the gynaecologist, paediatrician and the hospital administrative who were arrayed as accused in the Kottiyoor rape case.The main accused in the case is a church priest. Mere likelihood of suspicion …

This Is What SC Held When It Quashed Charges Under POCSO Act Against Doctors In Kottiyoor Rape Case [Read Judgment]
6 years, 7 months ago

This Is What SC Held When It Quashed Charges Under POCSO Act Against Doctors In Kottiyoor Rape Case [Read Judgment]

Live Law  

‘Evidence should be such which should at least indicate grave suspicion. Mere likelihood of suspicion cannot be the reason to charge a person for an offence.’The Supreme Court has discharged the gynaecologist, paediatrician and the hospital administrative who were arrayed as accused in the Kottiyoor rape case.The main accused in the case is a church priest. Mere likelihood of suspicion …

Indian judiciary needs to introspect on how it treats victims of sexual abuse
8 years, 1 month ago

Indian judiciary needs to introspect on how it treats victims of sexual abuse

Firstpost  

In child sexual abuse cases, the majority of complainants have to undergo the distressing experience of having their evidence torn apart by the shards of disbelief. What role do “all probabilities” assumed, or rather presumed by a judge play in the adjudication of cases of child sexual abuse? She also observed that despite attaining majority, the complainant was still lodged …

Survivor-Centric Approach Towards Rape Victims Is Need Of The Hour: SC [Read Judgment]
8 years, 3 months ago

Survivor-Centric Approach Towards Rape Victims Is Need Of The Hour: SC [Read Judgment]

Live Law  

Why should the evidence of the girl or the woman who complains of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion, the bench remarked.Exhorting to bring significant reforms in the criminal justice system, the Supreme Court, in State of Himachal Pradesh vs Sanjay Kumar @ Sunny, has mooted …

‘Which rapist gave you the maximum pleasure’, Kerala police asked gang rape victim
8 years, 4 months ago

‘Which rapist gave you the maximum pleasure’, Kerala police asked gang rape victim

India TV News  

Soon after the horrific gang rape incident of a Kerala woman came into light after popular Malayalam dubbing artist Bhagyalakshmi narrated the woman’s ordeal in a Facebook post, she told a press conference how the victim was later subjected to acute mental harassment by the police authorities. Bhagyalakshmi told that among the insensitive questions put by the police to the …

A carriage of injustice
9 years, 8 months ago

A carriage of injustice

The Hindu  

Verma Committee report that came out in light of the Delhi rape case in late 2012 took us a few steps ahead in the conversation on rape. However, the >recent judgment of the Madras High Court raises serious concerns on how the crime of rape is perceived by the judiciary. A single judge Bench of the High Court has granted …

False Rape Case; Accused has a right to be protected against false implication; Delhi HC
9 years, 9 months ago

False Rape Case; Accused has a right to be protected against false implication; Delhi HC

Live Law  

Delhi High Court on an appeal against conviction for rape, acquitted five men who were sentence to imprisonment for life under Section 376 of IPC, finding that they were falsely implicated. Speaking on the plight of such rape accused facing trial for false charges, the court said "There is no doubt that rape causes great distress and humiliation to the. …

False Rape Case; Accused has a right to be protected against false implication; Delhi HC
9 years, 9 months ago

False Rape Case; Accused has a right to be protected against false implication; Delhi HC

Live Law  

Delhi High Court on an appeal against conviction for rape, acquitted five men who were sentence to imprisonment for life under Section 376 of IPC, finding that they were falsely implicated. Speaking on the plight of such rape accused facing trial for false charges, the court said "There is no doubt that rape causes great distress and humiliation to the. …

Rape convictions low because of false complaints: Mumbai CP
11 years, 4 months ago

Rape convictions low because of false complaints: Mumbai CP

Firstpost  

Police commissioner Satya Pal Singh has said that factors such as “false complaints” and witnesses turning hostile in court are responsible for the low conviction rates in rape cases Mumbai Police commissioner Satya Pal Singh has said that factors such as “false complaints” and witnesses turning hostile in court are responsible for the low conviction rates in rape cases. “It’s …

Delhi judge says, false cases behind tag of rape capital
11 years, 7 months ago

Delhi judge says, false cases behind tag of rape capital

India TV News  

New Delhi, Jul 27: False cases are the reasons behind labelling of Delhi as ‘rape capital', a court here has held while acquitting a 75-year-old man of the charge of sexually assaulting his maid after the woman turned hostile. The court said after the December 16 gangrape of a 23-year-old girl in a moving bus here, it lead to the …

Fake rape victims a danger to society: Court
12 years, 8 months ago

Fake rape victims a danger to society: Court

India TV News  

New Delhi, Jul 17: Women who file false rape cases are a danger to the society as the courts and public would start disbelieving the real victims, a Delhi court has said. "Such alleged victims of rape are potentially dangerous to the society in the sense that from tomorrow onwards the general public as well as the courts will start …

Discover Related