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Prosecutor

This tag is associated with 26 posts

Sec.304 B – Reason of Death not established – Non- examination of the Doctor – Non- production of Vicesar report – Police , Magistrate – Prosecution all committed grave mistake – resulted in Acquittal under sec. 304 B I.P.C. = Chhotan Sao & Another …Appellants Versus State of Bihar …Respondent = Published in judis.nic.in/supremecourt/filename=41114

 Sec.304 B – Reason of Death not established – Non- examination of the Doctor – Non- production of Vicesar report – filed charge sheet – Police , Magistrate – Prosecution all committed grave mistake – resulted in Acquittal under sec. 304 B I.P.C. =    We are of the  opinion  that  the  conviction  of  the … Continue reading

Service matter – Appointment for the post of District judge – whether a public prosecutor is eligible for the post of Judiciary – Apex court held yes = Lakshmana Rao Yadavalli & Anr. …..Appellants. Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41050

Service matter – Appointment for the post of District judge – whether a public     prosecutor is eligible for the post of Judiciary – Apex court held yes =       whether   a   Public   Prosecutor/Assistant    Public           Prosecutor/District  Attorney/Assistant  District   Attorney/Deputy       … Continue reading

Scope of sec.301 and Sec.311 Cr.P.C. – Duty of court / Public prosecutor = Victim/ complainant has got limited scope to participate in criminal trial as state take over the case – When latches and lacunas were brought to the notice before the court or Public prosecutor by him/her , it is their duty to consider the same instead of reject the same as not maintainable under sec.301 Cr. P.C. – When an official Witness who conducted Test Identification parade – Being a Judicial Officer – how can he be permitted to depose in his chief examination contradicting his report/beyond his report which was not found in his record produced – is it not a duty of court or the public prosecutor to cross examine that witness statement made deliberately with out any basis infavour of Accused = Apex court set aside the orders of Lower court and High court and directed the lower court to recall the witness and made specific cross examination about the specific point deposed by him with out any record or beyond his record test identification report and gave an opportunity to file written submissions at the time of arguments = Sister Mina Lalita Baruwa …. Appellant VERSUS State of Orissa and others …. Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41046

Scope of sec.301 and Sec.311 Cr.P.C. – Duty of court / Public prosecutor = Victim/     complainant has got limited scope to participate in criminal trial as state take over the case – When latches and lacunas were brought to the notice before the court or Public prosecutor by him/her , it is their duty to consider the … Continue reading

Legal Remembrancer’s Manual (for short, ‘LR Manual’) framed by the Government of Uttar Pradesh and Section 24 of the Code of Criminal Procedure (Cr.P.C.) whether the respondent who had been appointed as District Government Counsel (Criminal) at Meerut in January, 1993 was entitled to have the term of his appointment renewed. – No = State of U.P. and others ….Appellants versus Ajay Kumar Sharma and another ….Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40968

Legal Remembrancer’s Manual (for short, ‘LR  Manual’)  framed  by  the     Government of  Uttar  Pradesh  and     Section  24  of  the  Code  of  Criminal   Procedure (Cr.P.C.)  whether the  respondent  who  had  been   appointed as District Government Counsel (Criminal) at  Meerut  in  January,   1993 was entitled to have the term of his … Continue reading

In the absence of any specific overt acts no person should be convicted under sec.147, 148 and 302 read with Section 149 of the IPC – except for his role = PUTCHALAPALLI NARESH REDDY …. APPELLANT VERSUS STATE OF A.P. & ETC. …. RESPONDENTS judis.nic.in/supremecourt/filename=40884

 In the absence of any specific overt acts no person should be convicted under sec.147,     148 and 302 read with Section 149  of  the  IPC – except for his role =   Apex court confirmed the high court orders except modified the sentence from life to simple injury for one of the accused who had … Continue reading

whether the consent given by woman believing the man’s promise to marry her, is a consent which excludes the offence of rape. = Section 375 IPC defines the expression “rape”, which indicates that the first clause operates, where the woman is in possession of her senses, and therefore, capable of consenting but the act is done against her will; and second, where it is done without her consent; the third, fourth and fifth, when there is consent, but it is not such a consent as excuses the offender, because it is obtained by putting her on any person in whom she is interested in fear of death or of hurt. The expression “against her will” means that the act must have been done in spite of the opposition of the woman. An inference as to consent can be drawn if only based on evidence or probabilities of the case. “Consent” is also stated to be an act of reason coupled with deliberation. It denotes an active will in the mind of a person to permit the doing of an act complained of. Section 90 IPC refers to the expression “consent”. Section 90, though, does not define “consent”, but describes what is not consent. “Consent”, for the purpose of Section 375, requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent. Whether there was consent or not, is to be ascertained only on a careful study of all relevant circumstances. = where the accused had assured the prosecutrix that he would marry her and had sexual affair, which was repeated on several occasions as well. But he did not marry and she became pregnant. That was a case where there was delay of eight months in filing the complaint. The accused was given the benefit of doubt holding that it would not be possible to conclude that the alleged sexual act was committed without the consent of the prosecutrix. 18. We have already referred to the evidence of PW2 to PW4 and that their consistent version is that PW2 had previous acquaintance with the accused being her elder brother’s friend for a period of more than two years before the date of incident. The place of the alleged incident and the time is very crucial, so for as this case is concerned. It was early morning at 8.30 AM and the place of the alleged incident was on the side of a public road. If she had made any semblance of resistance or made any hue and cry it would have attracted large number of people from the locality. Further the first information report, as already indicated, was lodged after a period of 10 months of the alleged incident. All these factors cast some shadow of doubt on the version of PW2.=The trial Court as well as the High Court has committed an error in holding that the accused is guilty of the offence punishable under Section 376 IPC. In such circumstances, we are inclined to allow this appeal and set aside the conviction and sentence imposed on the appellant and order accordingly.

 published in  http://judis.nic.in/supremecourt/imgst.aspx?filename=40795   REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1467 OF 2013 [Arising out of SLP (Crl.) No. 3093 of 2012] Kaini Rajan .. Appellant Versus State of Kerala .. Respondent J U D G M E N T K. S. Radhakrishnan, J. Leave granted. 2. This appeal … Continue reading

Even if the prosecutrix is of easy virtue/unchaste woman that itself cannot be a determinative factor and the court is required to adjudicate whether the accused committed rape on the victim on the occasion complained of.” = No test identification is necessary – She denied all the suggestions made by the prosecution that she was a girl of easy virtue or bad character and she was a consenting party to the said incident or she was habitual to sex.- when she categorically deposed that some boys also raped and she fell unconscious = The test identification parade could not be held as the prosecutrix had fled away from her village and gone to reside with her sister at Bokaro after being threatened by the accused, therefore, appellants should not be allowed to take the benefit of this circumstance. There is no prohibition in law to convict the accused of rape on the basis of sole testimony of the prosecutrix and the law does not require that her statement be corroborated by the statements of other witnesses.= under Section 313 Cr.P.C.,- No explanation had been furnished by either of them as to why the prosecutrix had deposed against them and involved them in such a heinous crime.= Rape cannot be treated only as a sexual crime but it should be viewed as a crime involving aggression which leads to the domination of the prosecutrix. In case of rape besides the psychological trauma, there is also social stigma to the victim. Majority of rapes are not sudden occurrences but are generally well planned as in this case. Social stigma has a devastating effect on rape victim. It is violation of her right of privacy. Such victims need physical, mental, psychological and social rehabilitation. Physically she must feel safe in the society, mentally she needs help to restore her lost self esteem, psychologically she needs help to overcome her depression and socially, she needs to be accepted back in the social fold. Rape is blatant violation of women’s bodily integrity. 17. After considering the case from all angles, we do not see any cogent reason to interfere with the findings of fact recorded by the courts below. The appeals lack merit and are, accordingly, dismissed.

reported in         http://judis.nic.in/supremecourt/imgst.aspx?filename=40588  Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 109-110 of 2011   Md. Iqbal & Anr. …Appellants Versus   State of Jharkhand …Respondent   J U D G M E N T Dr. B.S. Chauhan, J. 1. These appeals have been preferred against the … Continue reading

MERE ABSENCE OF EXTERNAL INJURIES ON BODY OF VICTIM – IT CAN NOT BE SAID AS CONSENT PARTY TO SEX = In the absence of pleading in defence , no court can presume the same wrongly = We are of the considered opinion that as the appellant had not taken any defence of consent of PW-5, the trial court was not correct in recording the finding that there was consent of PW-5 to the sexual intercourse committed by the appellant ;When benifit of doubt arose = The settled position of law is that the prosecution is required to establish the guilt of the accused beyond reasonable doubt by adducing evidence. Hence, if the prosecution in a given case adduces evidence to establish the guilt of the accused beyond reasonable doubt, the court cannot acquit the accused on the ground that there are some defects in the investigation, but if the defects in the investigation are such as to cast a reasonable doubt in the prosecution case, then of course the accused is entitled to acquittal because of such doubt. In the present case, as we have seen, the evidence of PW-5 as corroborated by the evidence of PW-2 and the FIR establish beyond reasonable doubt that the appellant has committed rape on PW-5 and thus the appellant is not entitled to acquittal. 16. In the result, we are not inclined to interfere with the finding of the guilt recorded by the High Court against the appellant as well as the minimum sentence of 7 years imprisonment for the offence under Section 376 IPC imposed by the High Court. The appeal is accordingly dismissed.

PUBLISHED IN http://judis.nic.in/supremecourt/imgs1.aspx?filename=40522 Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1118 of 2004 Ganga Singh …… Appellant Versus State of Madhya Pradesh ….. Respondent J U D G M E N T A. K. PATNAIK, J. This is an appeal by way of special leave under Article 136 of … Continue reading

eloped out of free will – has no place = On the aforestated aspect of the matter, she was not subjected to cross-examination at the behest of the accused. Only a suggestion was put to her, that she had persuaded the accused-appellant Jarnail Singh to take her away, in order to perform marriage with her, and for the said purpose had taken away cash, clothes and jewellery from her own residence. The aforestated suggestion was denied by the prosecutrix VW – PW6. It may still have been understandable, if the case had been, that she had consensual sex with the accused-appellant alone. But consensual sex with four boys at the same time, is just not comprehensible. Since the fact, that the accused-appellate Jarnail Singh and the prosecutrix VW – PW6 had eloped together is not disputed. And furthermore, since the accused-appellant having had sexual intercourse with the prosecutrix is also the disputed. It is just not possible to accept the proposition canvassed on behalf of the accused appellant. We, therefore, find no merit in the instant submission. It is not as if the prosecution version is entirely based on the statement of the prosecutrix VW – PW6. It would be relevant to mention, that her recovery from the custody of the accused-appellant Jarnail Singh from the house of Shashi Bhan, at Raipur, is sought to be established from the statement of Moti Ram-PW3. There can therefore be no room for any doubt, that after she was found missing from her father’s residence on 25.3.1993, and after her father Jagdish Chandra-PW8 had made a complaint to the police on 27.3.1993, she was recovered from the custody of the accusedappellant Jarnail Singh. – Additionally, in her statement under Section 164 of the Code of Criminal procedure, the prosecutrix VW – PW6 had asserted, that in the first instance, after having caught hold of her, the accused had made her inhale something from a cloth which had made her unconscious. Thereafter, when the accused-appellant Jarnail Singh attempted to commit intercourse with her, she had slapped him. He had then put a cloth in her mouth, to stop her from raising an alarm. Thereafter, each one of the accomplices had committed forcible intercourse with her in turns. The factum of commission of forcible intercourse by the accusedappellant, as also, his accomplices was reiterated by her during her testimony before the Trial Court as PW6. Besides the aforesaid, there is a statement of her own father, Jagdish Chandra (PW8) who also in material particulars had corroborated the testimony of the prosecutrix VW – PW6. The prosecutrix VW – PW6, was not subjected to crossexamination on any of these issues. Nor was the prosecutrix confronted with either the statements made by her under Section 161 or Section 164 of the Code of Criminal Prosecution, so as to enable her to explain discrepancies, if any.

published in http://judis.nic.in/supremecourt/filename=40458 Page 1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1209 OF 2010 Jarnail Singh … Appellant Versus State of Haryana … Respondent J U D G M E N T Jagdish Singh Khehar, J. 1. The factual position on which the prosecution version is founded, commences with the … Continue reading

CHEATING – HAVING SEXUAL INTERCOURSE ON THE PROMISE OF MARRYING = The facts as they unfold from the statement of the prosecutrix Poomari (PW1) are, that even before the first act of sexual intercourse, the accused-appellant Karthick used to tease her. He also used to tell her, that he wished to marry her. The fact that he had sexual intercourse with her, when the prosecutrix Poomari (PW1) was all alone in her house, is not disputed. The prosecutrix Poomari (PW1) has confirmed in her deposition, that at the time of the first sexual intercourse with her at her house, the accused- appellant Karthick had gagged her mouth with his right hand. He had promised to marry her, by placing his hand on her head, after having ravaged her. The subsequent acts of sexual intercourse, were actions of actively cheating her, by giving her the impression that he would marry her. The occurrence at the Murugan temple, is of significant importance. At the temple, for the first time the accused-appellant Karthick told the prosecutrix Poomari (PW1), that he would not marry her. The instant factual position has been confirmed by Chandran (PW9) and Ilangovan (PW10). Despite lengthy cross-examination, the accused-appellant has not been able to create any dent in the testimony of the prosecutrix Poomari (PW1). In the aforesaid view of the matter, we confirm the concurrent determination of the courts below, that the accused-appellant Karthick committed deceit with the prosecutrix Poomari (PW1) by promising to marry her. On the strength of the said deception, in the first instance persuaded her not to disclose the occurrence to anyone, and thereafter, repeatedly had sexual intercourse with her. Therefore, in the facts and circumstances of this case, it is not possible for us to accept the contention advanced on behalf of the accused-appellant Karthick, that sexual intercourse by the accused- appellant Karthick with the prosecutrix Poomari was consensual. Obtaining consent by exercising deceit, cannot be legitimate defence to exculpate an accused.; NO DELAY IN FILING A CASE = there has been no delay whatsoever at the hands of the prosecutrix Poomari (PW1). As long as commitment of marriage subsisted, the relationship between the parties could not be described as constituting the offence of rape under Section 376 of the Indian penal Code. It is only after the accused-appellant Karthick declined to marry the prosecutrix Poomari (PW1), that a different dimension came to be attached to the physical relationship, which had legitimately continued over the past six months. Things changed when the accused-appellant declined to marry the prosecutrix. After the promised alliance was declined, the prosecutrix without any delay disclosed the entire episode to her immediate family. Without any further delay, the brother and father of the Poomari (PW1) approached the village elders. The village elders immediately summoned the accused-appellant Karthick by holding a panchayat. The village elders made all efforts to settled the issue amicably. The family, as is usual in such matters, wished to settle the matter amicably by persuading the accused-appellant to view the matter realistically. It is only on the refusal of the accused-apellant Karthick, to marry the prosecutrix Poomari (PW1), that the question of making a criminal complaint arose. After the meetings of the panchayat, wherein the accused-appellant declined to marry the prosecutrix Poomari (PW1), without any further delay, the prosecutrix Poomari (PW1) reported the matter to the police on 10.10.2003. In the above view of the matter, in the peculiar facts of this case, it is not possible for us to hold, that any doubt can be said to have been created in the version of the prosecution, merely on account of delay in the registration of the first information report. 18. No other submission, besides those noticed hereinabove, was advanced at the hands of the learned counsel for the appellant. For the reasons recorded hereinabove, we find no merit in this appeal. The same is accordingly dismissed.= “The accused-appellant Karthick was ordered to be released on bail by this Court vide order dated 4.4.2008. He shall now be taken into custody, to serve the remaining part of the sentence.”

‘ ‘ PUBLISHED IN http://judis.nic.in/supremecourt/filename=40457 “REPORTABLE” IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.601 OF 2008 Karthi @ Karthick … Appellant Versus State Rep. by Inspector of Police, Tamil Nadu … Respondent J U D G M E N T Jagdish Singh Khehar, J. 1. The appellant, Karthi @ Karthick was convicted for … Continue reading

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