2 months, 1 week ago

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction

Live Law

The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra, “ In the present case, delay in identifying the accused in the Court of law when prosecutrix was being examined is fatal to the case of the prosecution. It is also not the case of the prosecution that accused were not arrested in time and therefore, despite the fact that report was lodged against unknown persons there was need for identification immediately soon after their arrest …considering entire evidence carefully, it is quite manifest that long delay in holding Test Identification Parade coupled with other infirmities and inconsistencies as pointed out above, renders the prosecution case doubtful.” While setting aside a 2014 conviction order in a rape case as there was a 10-month delay in identification of the accused, the Jabalpur Bench of Madhya Pradesh High Court said that long delay in holding Test Identification Parade coupled with infirmities and inconsistencies had rendered the prosecution's case doubtful. “This admission of the independent prosecution witness who was admittedly present at the time of incident that he had not seen the incident makes the whole prosecution story doubtful”, the Court said. Further, the court noted that prosecution witness-7 had not seen the incident taking place though he happened to be the author of hand written report signed by prosecutrix.

Court Prosecution Case Accused Appellants Fir Madhya Pradesh Persons Long Delay Identification Test Identification Parade Prosecutrix accused sets infirmities identification incident madhya appellants prosecutrix rape parade court makes case test prosecution persons pradesh long submitted

History of this topic

1 week, 4 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

1 week, 6 days ago

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

Live Law

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination. Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix …

3 weeks, 2 days ago

Madhya Pradesh police verifying age of 17-year-old rape accused; five-year-old survivor stable after surgery

The Hindu

The Madhya Pradesh Police are currently verifying the age of a 17-year-old boy, accused of brutally raping a five-year-old girl in Shivpuri district even as the survivor continues to remain under observation after surgery at a Gwalior hospital, officers said. Dhakad, dean of the government medical college in Gwalior where the girl is admitted, said she underwent a surgery on …

1 month ago

Serial rapist, acquitted on technical grounds, now held for raping speech and hearing impaired minor girl in M.P.

The Hindu

A convicted serial-rapist, now accused of raping a 11-year-old speech and hearing impaired girl in Madhya Pradesh’s Rajgarh district, was arrested on February 19 by the State Police in a joint operation with the Rajasthan and Uttar Pradesh police forces, officers said. According to the Rajgarh Police, accused Ramesh Khati, 40, a resident of Shajapur district’s Avantipur Badodia area, had …

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 …

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 …

4 months, 1 week ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

6 months, 1 week ago

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

Live Law

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

6 months, 1 week ago

Madhya Pradesh Mhow case: Three held for assaulting Army officers, raping woman friend

The Hindu

Police on Thursday said they have arrested three of the six persons who allegedly assaulted two Army officers and raped their woman friend near Mhow in Madhya Pradesh. Superintendent of Police Hitika Vasal told PTI that Bhabhar was accused of threatening the two army officers and their two women friends with a pistol during the incident, while the other accused …

6 months, 1 week ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

6 months, 3 weeks ago

Madhya Pradesh: Two men arrested for gang-rape of 13-year-old tribal girl in Tikamgarh

India TV News

Two people were arrested for allegedly raping a 13-year-old tribal girl in Madhya Pradesh’s Tikamgarh district, an official said on Friday. The alleged incident took place on Independence Day at the Pacher village under Khargapur police station limits, but it came to light on Thursday after the minor and her family got an opportunity to meet the in-charge minister Krishna …

7 months, 3 weeks ago

Madhya Pradesh: Minor Boy Rapes and Murders Sister After Watching Porn Videos

Deccan Chronicle

Bhopal: A 13-year-old boy in Rewa in Madhya Pradesh raped and then strangulated his nine-year-old sister to death after watching pornographic videos on mobile, police said on Saturday. He raped her after watching obscene videos on the mobile phone and strangulated her when she threatened to tell this to their father," Rewa district superintendent of police Vivek Singh said. Police …

8 months, 2 weeks ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

9 months, 2 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 …

10 months, 3 weeks ago

Madhya Pradesh: Three detained in connection with rape of 11-year-old tribal girl in Alirajpur

India TV News

The Madhya Pradesh Police announced on Sunday that three individuals had been detained in connection with the alleged rape of an 11-year-old tribal girl in Alirajpur district. The horrifying incident took place on Friday as the girl was returning home with two friends after attending a wedding. Providing further details, Sub-Divisional Officer of Police Neeraj Namdeo explained that the crime …

11 months, 1 week 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 …

11 months, 2 weeks ago

Madhya Pradesh woman gang-raped in Rajasthan’s Kota, seven accused arrested

India TV News

A 40-year-old woman hailing from Madhya Pradesh was allegedly gang-raped in the Railway Colony area of Rajasthan’s Kota, the police said on Monday. The woman, who was a daily wage worker, was allegedly raped by seven to eight men late on Friday. The incident took place when a woman was returning home and three to four men accosted her around …

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 …

1 year, 8 months ago

Madhya Pradesh High Court Acquits Man Sentenced To Death In 2019 For Rape, Murder Of 3-Year-Old

Live Law

The Madhya Pradesh High Court has overturned the death penalty awarded by a trial court in a case involving the rape and murder of a 3-year-old girl. While acknowledging the suspicions surrounding the appellant, the court however ruled that without a clear connection established by the DNA report between the nail cuttings and the appellant's bruises, the accused cannot be …

1 year, 11 months ago

'Incompetent Public Prosecutors, Govt Advocates Being Appointed By State': Madhya Pradesh High Court Directs Law Secretary To Take Appropriate Steps

Live Law

Expressing its concern over the appointment of what it called "incompetent" Public Prosecutors and Government Advocates, the Madhya Pradesh High Court has directed the Law Secretary to look into the issue and take appropriate steps. “It is a matter of surprise that this Court is facing various difficulties while hearing the matters because incompetent Public Prosecutors/Government Advocates are being appointed …

2 years, 1 month ago

HC Asks MP Counsel to Ascertain Whether Woman was Consenting or Not in ‘Rape’ Video Shot by Her

News 18

The Madhya Pradesh High Court at Gwalior Bench has recently ordered the state counsel to ascertain whether the woman was consenting or reluctant in the video shot by herself pertaining to a rape case. Taking note of this fact, the court asked the counsel for the state to call for the Investigation Officer with the pen drive containing the said …

2 years, 5 months ago

Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive

Live Law

The Madhya Pradesh High Court, Indore Bench recently reduced the sentence of a rape convict from life imprisonment to 20 years of imprisonment on the ground that he did not kill the 4-year-old victim after the heinous act. Singh did not find any fault in the conviction of the Appellant but found it fit to extend him the benefit of …

2 years, 6 months ago

MP: Out on bail, accused rapes victim again; arrested

Firstpost

Rewa: A 26-year-old man allegedly raped a minor victim again after being released on bail following arrest for the same offence committed earlier in Madhya Pradesh’s Rewa district, police said on Tuesday. The accused, a resident of Khatkari village, came out of jail last week after being arrested on September 23 last year on charge of raping and threatening the …

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 …

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 …

2 years, 10 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

2 years, 11 months ago

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Live Law

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact …

2 years, 11 months ago

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings

Live Law

The Madhya Pradesh High Court recently allowed an application to recall Prosecutrix in a rape case for re-examination, corollary to 'material development' in the matter. Justice Sanjay Dwivedi was essentially dealing with an application under Section 482 CrPC moved by the Applicant who was aggrieved by the order of the lower court, whereby his application under Section 311 CrPC to …

3 years ago

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime

Live Law

The Madhya Pradesh High Court recently refused to interfere with the charge framed against an Advocate under the POCSO Act for 'ill-advising' the accused and Prosecutrix in a rape case, suggesting them 'not to disclose true facts to the police'. Justice Sanjay Dwivedi was dealing with a criminal revision preferred by the Applicant aggrieved by order of the trial court, …

3 years ago

Madhya Pradesh High Court Grants Bail To Man Accused Of Hiding Religious Identity From Prosecutrix & Committing Rape Under False Pretext Of Marriage

Live Law

The Madhya Pradesh High Court, Indore Bench recently granted bail to one Tousif Khan, accused of developing relationship with a woman by lying to her about his religious identity and thereby committing rape under a false pretext of marriage. Justice Pranay Verma was essentially dealing with a bail application moved by Khan, charged for offences punishable under Sections 366, 376, …

3 years, 3 months ago

Madhya Pradesh | Woman accuses father-in-law of raping her when husband was at school

India Today

The Guna Police in Madhya Pradesh has registered a case against a man for allegedly raping his daughter-in-law while his son was away at school. The woman on Thursday approached the Myana police station in Guna district, claiming that her father-in-law had raped her while her husband had gone to school and is now threatening to kill her. “The woman …

3 years, 4 months ago

"He Is 18-Yr-Old Young Boy; Chance Be Given To Him For Course Correction": MP High Court Grants Bail To Rape Accused

Live Law

The Madhya Pradesh High Court on Monday granted bail to an 18-year-old rape accused taking into account his age and stressing that a chance be given to him for course correction.The Bench of Justice Anand Pathak was hearing the plea of an 18-year-old man accused of committing offence punishable under Sections 363, 376 on Monday granted bail to an 18-year-old …

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 …

3 years, 7 months ago

65-year-old woman gang-raped by five, including four minors, in Madhya Pradesh

India Today

A 65-year-old woman was allegedly raped by five men, including four minors, in Madhya Pradesh's Singrauli. A case was registered against five unidentified persons and a manhunt was launched to nab the accused after the woman narrated her ordeal to the police. The minors were identified by the victim and the two revealed the identity of the remaining three accused," …

3 years, 7 months ago

MP: Woman patient accuses Ward Boy of rape during course of treatment, FIR lodged

India TV News

MP: Woman patient accuses Ward Boy of rape during course of treatment, FIR lodged A complaint has been registered on Monday on the behest of a woman patient who accused a hospital's ward boy of raping her during the course of treatment. A woman admitted to Indore's Maharaja Yashwantrao Hospital has accused a ward boy from the hospital of raping …

3 years, 7 months ago

In police station to file rape complaint, minor girl delivers baby in MP

Hindustan Times

A 14-year-old alleged rape survivor gave birth to a baby at a police station in Madhya Pradesh’s Chhindwara while filing her sexual assault complaint, an officer said. Purva Chaurasia, the officer said, “The girl along with a relative had come to their police station on Tuesday evening to file a complaint of rape against a teenager, who lives in her …

3 years, 11 months ago

Madhya Pradesh: Rape survivor tied, paraded with accused in village; six held

Firstpost

Alirajpur: A 16-year-old girl was allegedly raped by a 21-year-old man on Sunday in the tribal-dominated Alirajpur district of Madhya Pradesh, following which villagers paraded both the accused and the victim in public by tying them with ropes, police said. A video showing the girl and the accused tied with ropes, being beaten and forced to walk in public in …

3 years, 11 months ago

Madhya Pradesh: Rape survivor, accused tied and paraded in village; 6 held

India Today

A 21-year old man allegedly raped a 16-year-old girl in Madhya Pradesh's tribal- dominated Alirajpur district, following which both the accused and victim were tied with ropes and paraded by villagers, police said on Sunday. A video showing the girl and the accused tied with ropes, being beaten and forced to walk in public in the village under Jobat police …

4 years, 5 months ago

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]

Live Law

The Madhya Pradesh High Court on Friday noted in an order that in cases of Gang Rape, medical corroboration is not an absolute necessity. Court's Order Denying the benefit of bail to accused-appelant, the Court remarked, "After hearing counsel for both the parties and the entire material available in the PDF format and the fact that it is a case …

4 years, 6 months ago

'The Appellant And The Prosecutrix Are Ready To Solemnize Marriage', MP HC Grants 2-Month Bail To Rape Accused To Marry Complainant [Read Order]

Live Law

The Madhya Pradesh High Court on Wednesday granted temporary two-month bail to a man so that during this period the appellant can solemnize the marriage with the prosecutrix/complainant. Court's Observation The court in its order stated, "Looking at the fact that the appellant and the prosecutrix are major and now they are ready to solemnize the marriage. In these circumstances, …

4 years, 8 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 …

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 …

5 years, 3 months ago

Madhya Pradesh: Man arrested for raping minor after 'marrying' her

India TV News

A man was arrested in Mandsaur town of Madhya Pradesh on Tuesday for allegedly raping a 17-year-old girl after fraudulently marrying her, the police said. Sonu Kumawat, the accused, and the girl knew each other for some time, a police official said. Two days ago, he took her to a hotel room where he put a garland around her neck …

5 years, 4 months ago

Madhya Pradesh: 1 gangrape, 2 rape cases reported in Bhopal in a day

India Today

One case of gangrape and two separate cases of rape were registered in Bhopal, Madhya Pradesh on Thursday. At the spot, the woman held the victim down while two men raped her," said police while referring to the victim's statement. Police also claimed that about two years ago, the accused woman had registered a harassment case against the relative of …

5 years, 5 months ago

Delhi court records statement of judicial magistrate of Unnao, another witness in rape case against Kuldeep Singh Sengar

Firstpost

The Unnao Disritct Magistrate had recorded the statement of the survivor’s mother in an incident of alleged gang rape of the survivor, which took place on 11 June, 2017 New Delhi: A Delhi court recorded the statement of judicial magistrate of Unnao and another person in the case of alleged kidnapping and rape of a minor girl by expelled BJP …

5 years, 7 months ago

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]

Live Law

The Bombay High Court today acquitted Imtiyaz Shaikh, who was sentenced to death by the sessions court and Azad, who was sentenced to life imprisonment for kidnapping and killing a 12-year-old boy in 2012, due to lack of evidence. Case Background According to the prosecution, deceased victim's father Rajesh Bhadange filed a complaint with the police on June 1, 2012 …

5 years, 8 months ago

Consensual Sex Even After Refusal To Marry Does Not Amount To Rape: Madhya Pradesh HC [Read Judgment]

Live Law

The Madhya Pradesh High Court recently quashed a 'rape case' against a man on the ground that the consent for sex was granted by the prosecutrix even after knowing very well that the accused would not marry her.The court also found that the prosecutrix was 'deeply in love' with the 'accused' and wanted to remain in his company. The Madhya …

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 …

6 years, 3 months ago

SC Grants Interim Protection From Arrest To Rape Accused Who Later Married The Victim [Read Order]

Live Law

The Supreme Court has granted interim protection from arrest to a ‘rape’ accused who later married the victim.Jaigopal Saiyam was accused of kidnapping a girl and committing rape on her repeatedly. He had approached the Madhya Pradesh High Court seeking anticipatory bail on the ground that he married with the prosecutrix and they were living together.Rejecting his bail plea, the …

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