Hathras Verdict: Was the Accused on Trial, or Was It the Victim?
2 years ago

Hathras Verdict: Was the Accused on Trial, or Was It the Victim?

The Quint  

There is no requirement of a court order to conduct medical examination of a suspected rape survivor. It is conventional wisdom that a victim of sexual assault may experience emotional trauma in which case, she has to be provided with immediate professional counselling. Various circulars issued by the Ministry of Home Affairs emphasise quick actions in cases concerning crime against women, which include immediate collection of evidence for forensic examination with due consideration to the mental state of the victim. Further, the official protocol of the Ministry of Health and Family Welfare mandates that a potential survivor who belongs to a group facing caste based discrimination has to be treated with additional sensitivity. As per the prosecution, the victim and her family were humiliated at the police station owing to their caste identity; in fact, no help was rendered to even take her to the nearest public district hospital.

Victim Her Family  victim  examination  survivor  clothes  personnel  sexual  verdict  rape  psychological  accused  family  trial  hathras  provided

History of this topic

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

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

India Today  

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

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

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

Live Law  

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

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case
7 months ago

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case

Live Law  

On Wednesday, the Allahabad High Court acquitted an accused who was sentenced to life imprisonment by a trial court for allegedly raping a 6-year-old girl in 2001 as it noted that the medical evidence did not show any injury caused to the victim girl. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary noted that at the …

Medical Report Doesn't Indicate Rape, Evidence Of Minor Victim & Sister Unsubstantiated, Contradictory: Gauhati High Court Sets Aside Conviction
1 year, 2 months 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 …

Can women be accused of rape? Supreme Court to examine
1 year, 3 months 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 …

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

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

Live Law  

A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape. While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised …

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

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Hathras Case| No Medical Evidence Of Gang Rape, Victim Was Possibly Tutored; Can’t Say Prime Accused Intended To Kill Her: UP Court
2 years ago

Hathras Case| No Medical Evidence Of Gang Rape, Victim Was Possibly Tutored; Can’t Say Prime Accused Intended To Kill Her: UP Court

Live Law  

Convicting one person in the Hathras alleged Gang Rape & Murder case, the Uttar Pradesh Court, in its judgment noted that since the entire case had assumed political undertones, it was possible that the victim had made allegations of gang rape against the 4 accused after being tutored by her family members and other people who had been coming to …

Hathras case: Why court dropped rape charges, convicted 1 and acquitted 3
2 years ago

Hathras case: Why court dropped rape charges, convicted 1 and acquitted 3

India Today  

A court in Uttar Pradesh on Thursday convicted a person and acquitted three others in the Hathras rape-murder case. Here's why the court dropped rape charges in the Hathras case. As per the court, the victim and her mother did not disclose sexual assault to doctors at the time she was hospitalised on September 14, 2020. READ | From delayed …

Hathras rape and murder | SC/ST court acquits three, holds one guilty of culpable homicide
2 years ago

Hathras rape and murder | SC/ST court acquits three, holds one guilty of culpable homicide

The Hindu  

An SC/ST court in Hathras on Thursday acquitted three out of four accused persons, and convicted one person for culpable homicide not amounting to murder, in the case involving the rape and murder of a 19-year-old Dalit girl. The victim’s family is likely to approach the Allahabad High Court against the verdict. We will move our appeal on the lower …

Hathras case: UP court drops gang-rape charges as it convicts 1, acquits 3
2 years ago

Hathras case: UP court drops gang-rape charges as it convicts 1, acquits 3

India Today  

A district court in Uttar Pradesh on Thursday acquitted three of the four accused in the September 2020 Hathras gang-rape and murder case. The UP court also acquitted three of the four accused in the case while convicting the prime accused of culpable homicide not amounting to murder, under section 304 of the Indian Penal Code. As per the court's …

‘You rubbed your body against his’: Transcript of rape victim’s ‘brutal’ cross-examination in court
2 years, 2 months ago

‘You rubbed your body against his’: Transcript of rape victim’s ‘brutal’ cross-examination in court

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. After The Independent told the head of the Crown …

‘I was treated like a suspect’: Rape victim’s stark warning after three-year battle for justice
2 years, 5 months ago

‘I was treated like a suspect’: Rape victim’s stark warning after three-year battle for justice

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Please enter a valid email address Please enter a valid email address SIGN UP I would like to be emailed about offers, events and updates from The Independent. The former victims’ commissioner, Dame …

Rubbing Male Organ On Vagina Or Urethra Over Victim's Underpants Amounts To Rape: Meghalaya High Court
3 years ago

Rubbing Male Organ On Vagina Or Urethra Over Victim's Underpants Amounts To Rape: Meghalaya High Court

Live Law  

A Division Bench of the Meghalaya High Court comprising of Chief Justice Sanjib Banerjee and Justice W. Diengdoh held that rubbing male organ on the vagina or urethra of prosecutrix despite she wearing her underpants, would still amount to penetration for the purpose of Section 375, IPC. Even if it be accepted that the appellant herein forced his organ into …

Gang Rape- "Traditionally Women Are Unsecured, Deprived Of Equal Rights & Tyrants Take Undue Advantage Of It": Allahabad HC Denies Bail
3 years, 8 months ago

Gang Rape- "Traditionally Women Are Unsecured, Deprived Of Equal Rights & Tyrants Take Undue Advantage Of It": Allahabad HC Denies Bail

Live Law  

Observing that in villages, towns, and semi-urban areas, there is no effect of women's awakening going on for centuries but traditionally women are unsecured, deprived of equal rights, deprived of the right to redress injustice, the Allahabad High Court recently denied bail to two gang rape accused. The Bench of Justice Vikas Kunvar Srivastav also made a mention of the …

Hathras case: Victim's family appears before Allahabad HC; next hearing slated for 2 November
4 years, 5 months ago

Hathras case: Victim's family appears before Allahabad HC; next hearing slated for 2 November

Firstpost  

The court on 1 October had asked the victim’s parents to apprise it of their version of the incident and had also ordered the Hathras district administration to arrange for their travel to the court Lucknow: Family members of the 19-year-old Dalit woman who died after allegedly being raped by four upper-caste men in Uttar Pradesh’s Hathras appeared before the …

Hathras rape case: Victim's family to record statement before Allahabad HC today, hearing to begin at 2.15 pm
4 years, 5 months ago

Hathras rape case: Victim's family to record statement before Allahabad HC today, hearing to begin at 2.15 pm

Firstpost  

Case is listed before a division bench of Justice Pankaj Mithal and Justice Rajan Roy. The court had ordered Hathras authorities to arrange for family’s travel Lucknow/Hathras: The family members of a 19-year-old Dalit girl, who died after being raped allegedly by four men in Uttar Pradesh’s Hathras district, will appear before the Lucknow bench of the Allahabad High Court …

Hathras Rape Accused Claims Victim’s Family Killed Her as They Were Against Their ‘Friendship’
4 years, 5 months ago

Hathras Rape Accused Claims Victim’s Family Killed Her as They Were Against Their ‘Friendship’

News 18  

The prime accused in the alleged gang rape and brutal assault of a 19-year-old Dalit girl in Hathras has claimed that he and three other accused in the case are being framed by the woman’s family as her kin did not approve of the friendship between them. In a handwritten letter to the Uttar Pradesh police, Sandeep Thakur claimed that …

Hathras Case: SC Shocked, Asks UP Govt About Witness Protection
4 years, 5 months ago

Hathras Case: SC Shocked, Asks UP Govt About Witness Protection

The Quint  

The UP Government, in its response, has insisted that all steps were taken to ensure the not even a trace of suspicion remains and the probe into the case was progressing fairly and efficiently, reported Live Law. According to Live Law, the state government also claimed that an FIR was registered “immediately” on 14 September, when they first received information …

Hathras rape: Attendees of meeting outside ex-BJP MLA's home defend accused, demand FIR against victim's family
4 years, 5 months ago

Hathras rape: Attendees of meeting outside ex-BJP MLA's home defend accused, demand FIR against victim's family

Firstpost  

Ex-MLA Rajvir Singh Pehalvan’s son said the “entire scenario” was being “created to blame the govt”. He also accused the victim’s family of “changing their stand every now and then” Lucknow/Hathras: Scores of people held a meeting on Sunday outside the house of a former BJP MLA in Hathras where they defended the accused in the alleged gangrape of a …

The Wire claim that medical report in Hathras case proves rape is wrong
4 years, 5 months ago

The Wire claim that medical report in Hathras case proves rape is wrong

Op India  

The murder and alleged gang-rape case of a girl in Hathras in Uttar Pradesh continues to be a big political issue taken up by the opposition parties to attack the BJP govt at the state. Countering the police claim, today left-wing portal The Wire published an exclusive report claiming that a medico-legal examination report on the case prepared by the …

Hathras case | No signs of intercourse, says forensic report
4 years, 5 months ago

Hathras case | No signs of intercourse, says forensic report

The Hindu  

In its final report on the Hathras victim, the Department of Forensic Medicine of the Aligarh Muslim University’s Jawaharlal Nehru Medical College and Hospital has said there were no signs suggestive of vaginal/ anal intercourse. Hamza Malik, president of AMU’s Resident Doctors’ Association said the final opinion was based on the FSL report and denies intercourse, not rape. Initial findings …

Hathras gangrape: Cops citing forensic report as gospel truth could end up perverting justice
4 years, 5 months ago

Hathras gangrape: Cops citing forensic report as gospel truth could end up perverting justice

Firstpost  

While medical and forensic evidence can help show how a crime may have occurred and identify the perpetrator, it is important to understand that they are riddled with limitations The alleged gangrape and tragic death of a Dalit woman from Hathras, Uttar Pradesh, who succumbed to her injuries on 29 September 2020, has shocked the nation. Understanding forensic evidence for …

Hathras case: Initial videos of victim and her mother emerge, no mention of rape
4 years, 5 months ago

Hathras case: Initial videos of victim and her mother emerge, no mention of rape

Op India  

The Hathras incident has become a political slugfest where ruling and opposition parties are engaged in allegations and counter-allegations. ‼️खण्डन/Denial‼️ ➡️ कतिपय सोशल मीडिया के माध्यम से यह असत्य खबर सार्वजनिक रुप से फैलायी जा रही है कि “थाना चन्दपा क्षेत्रान्तर्गत दुर्भाग्यपूर्ण घटित घटना में मृतिका की जीभ काटी गयी, आँख फोडी गयी तथा रीढ की हड्डी तोड दी गयी …

[Hathras Brutality] "Reassure The Faith In Rule of Law": Lady Lawyers Write To CJI Seeking To Ensure Strictest and Swiftest possible Punishment to the Accused [Read Letter]
4 years, 5 months ago

[Hathras Brutality] "Reassure The Faith In Rule of Law": Lady Lawyers Write To CJI Seeking To Ensure Strictest and Swiftest possible Punishment to the Accused [Read Letter]

Live Law  

A Group of Lady Advocates has written to Chief Justice of India seeking Constitution of a High Court monitored investigation and trial to ensure strictest and swiftest possible punishment to the accused the Hathras rape and murder case.The Group has also sought a direction tp Immediate inquiry and suspension or any punitive action against all erring police, administrative, and even. …

Resolve the Hathras rape case swiftly
4 years, 5 months ago

Resolve the Hathras rape case swiftly

Hindustan Times  

Prime Minister Narendra Modi’s intervention asking for strong action against the perpetrators and the statement by the Uttar Pradesh chief minister, Yogi Adityanath, that a Special Investigation Team will look into the Hathras case and submit its report in a week offer hope that this crime will not fall by the wayside. Relatives of the rape victim mourns, Hathras, September …

All you need to know about the Hathras gang rape case
4 years, 5 months ago

All you need to know about the Hathras gang rape case

Op India  

The Hathras gang-rape victim was cremated on the wee hours of Wednesday by her father in presence of Police and administration. Detailing the incident, the Hathras police said that at around 10.30 am on September 14, an hour after the incident, the victim’s brother reached the police station to lodge a complaint against one Sandeep, who he alleged tried to …

Contradictory claims in Hathras rape case: From family to doctors and police, who said what
4 years, 6 months ago

Contradictory claims in Hathras rape case: From family to doctors and police, who said what

India Today  

A 19-year-old woman in Hathras, who was gangraped and severely injured and left to die on September 14, succumbed to grave injuries while battling for life at a hospital in Delhi. FAMILY’S COMPLAINT ON SEPTEMBER 14: As per the family of the rape victim, her brother made the first complaint, which is mentioned in the first FIR. So obviously, we …

Accused Cannot Be Convicted Of Rape On Basis Of Sole Testimony Of Prosecutrix Unless Her Testimony Is Of "Sterling" Quality: SC [Read Judgment]
5 years, 1 month ago

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

Live Law  

The Supreme Court has held that the conviction of an accused in Rape Cases cannot be done on the basis of sole testimony of the Prosecutrix unless she passes the test of "Sterling Witness".The Judgment rendered by a Bench comprising Justices Ashok Bhushan & M.R. The Supreme Court has held that the conviction of an accused in Rape Cases cannot …

Must Believe Child Sexual Abuse Survivors’ Testimonies: Madras HC
5 years, 5 months ago

Must Believe Child Sexual Abuse Survivors’ Testimonies: Madras HC

The Quint  

Justice S Vaidyanathan, who was hearing the case on Monday, junked several arguments made by the defence on technical lines, as per reports. He also overruled several arguments made by the counsel for the accused in relation to the trustworthiness of the victim’s statement, absence of injuries on the child, and initial delay in filing the complaint. On arguments that …

(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC: SC [Read Order]
5 years, 5 months ago

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

Live Law  

The Supreme Court, while acquitting a rape accused, observed that the conviction of an accused cannot be based solely on a statement of the witnesses recorded by the Police under Section 161 or 154 of the Code of Criminal Procedure. But the Trial Court convicted the accused relying upon the statements recorded under Sections 154 and 161 of the Code …

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 …

Woman’s “Loose Character” Does Not Give Men The Right To Rape Her: Bombay HC Rejects Attempts To Tarnish Rape Survivor’s Character [Read Judgment]
6 years, 8 months ago

Woman’s “Loose Character” Does Not Give Men The Right To Rape Her: Bombay HC Rejects Attempts To Tarnish Rape Survivor’s Character [Read Judgment]

Live Law  

Nagpur Bench of the Bombay High Court recently dismissed an appeal filed by a rape convict, upholding the lower Court’s decision to reject attempts to tarnish the rape survivor’s character.Justice Manish Pitale was hearing an appeal filed by one Ramkrishna Ganesh Wagh, challenging an order passed in October 2005 by the Sessions Court, Akola convicting him for raping a 15-year-old. …

Woman’s “Loose Character” Does Not Give Men The Right To Rape Her: Bombay HC Rejects Attempts To Tarnish Rape Survivor’s Character [Read Judgment]
6 years, 8 months ago

Woman’s “Loose Character” Does Not Give Men The Right To Rape Her: Bombay HC Rejects Attempts To Tarnish Rape Survivor’s Character [Read Judgment]

Live Law  

Nagpur Bench of the Bombay High Court recently dismissed an appeal filed by a rape convict, upholding the lower Court’s decision to reject attempts to tarnish the rape survivor’s character.Justice Manish Pitale was hearing an appeal filed by one Ramkrishna Ganesh Wagh, challenging an order passed in October 2005 by the Sessions Court, Akola convicting him for raping a 15-year-old. …

Who was really on trial in the Ireland and Ulster rugby rape case?
7 years ago

Who was really on trial in the Ireland and Ulster rugby rape case?

The Independent  

Sign up for the Independent Women email for the latest news, opinion and features Get the Independent Women email for free Get the Independent Women email for free SIGN UP I would like to be emailed about offers, events and updates from The Independent. This hasn’t stopped the men’s lawyers from complaining about lives being blighted by “false claims”, nor …

Despite Inconsistencies In Statements By Minor Rape Victim, SC Upholds Conviction; But Reduces Sentence [Read Order]
7 years, 4 months ago

Despite Inconsistencies In Statements By Minor Rape Victim, SC Upholds Conviction; But Reduces Sentence [Read Order]

Live Law  

The Supreme Court has upheld the conviction of a man accused of raping a minor, even though it found that there were inconsistencies in the statements given by the prosecuterix.The appellant in this case was one of three accused involved in rape of a minor girl in Bihar whose conviction was upheld by the Patna High Court, by dismisssing their …

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 …

Consensual Sex without any deliberation about Marriage is not rape under misconception of fact; SC [Read Judgment]
9 years, 2 months ago

Consensual Sex without any deliberation about Marriage is not rape under misconception of fact; SC [Read Judgment]

Live Law  

The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage. Thakur and Justice V. Gopala Gowda made this observation in Tilak Raj vs. State of Himachal Pradesh, while acquitting …

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