advocatemmmohan
Prosecutor
Section 376(2) (f) of the Indian Penal Code= the victim is an eight year old girl who possibly would be deprived of the dreams of “Spring of Life” and might be psychologically compelled to remain in the “Torment of Winter”. When she suffers, the collective at large also suffers. Such a singular crime creates an atmosphere of fear which is historically abhorred by the society. It demands just punishment from the court and to such a demand, the courts of law are bound to respond within legal parameters. It is a demand for justice and the award of punishment has to be in consonance with the legislative command and the discretion vested in the court. The mitigating factors put forth by the learned counsel for the appellant are meant to invite mercy but we are disposed to think that the factual matrix cannot allow the rainbow of mercy to magistrate. Our judicial discretion impels us to maintain the sentence of rigorous imprisonment for life and, 22Page 23 hence, we sustain the judgment of conviction and the order of sentence passed by the High Court. 23. Ex consequenti, the appeal, being sans merit, stands dismissed.
Page 1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1860 OF 2010 Shyam Narain …Appellant Versus The State of NCT of Delhi …Respondent J U D G M E N T Dipak Misra, J. The wanton lust, vicious appetite, depravity of senses, mortgage of mind to the inferior endowments of … Continue reading
sections 376 (2) (g) , 376, 506, 366 and 363 IPC = The trial court has examined the issue on age and after examining the school certificate (Ext. P-N), which stood duly proved by Lakhi Ram (PW-11), Science teacher, Government High Court, Badhana and Gajraj Singh, teacher, Govt. Primary School, Badhana, came to the conclusion that her date of birth as per the school register was 4.6.1987. So on the date of incident i.e. 7.3.2001, she was 13 years 9 month and 2 days old. She was a student of 6th standard ; this Court held that fact of admission of two fingers and the hymen rupture does not give a clear indication that prosecutrix is habitual to sexual intercourse. The doctor has to opine as to whether the hymen stood ruptured much earlier or carried an old tear. The factum of admission of two fingers could not be held adverse to the prosecutrix, as it would also depend upon the size of the fingers inserted. The doctor must give his clear opinion as to whether it was painful and bleeding on touch, for the reason that such conditions obviously relate to the hymen. ; “Even in cases where there is some material to show that the victim was habituated to sexual intercourse, no inference of the victim being a woman of “easy virtues” or a women of “loose moral character” can be drawn. Such a woman has a right to protect her dignity and cannot be subjected to rape only for that reason. She has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not a vulnerable object or prey for being sexually assaulted by anyone and everyone. Merely because a woman is of easy virtue, her evidence cannot be discarded on that ground alone rather it is to be cautiously appreciated. In view of the provisions of Sections 53 and 54 of the Evidence Act, 1872, unless the character of the prosecutrix itself is in issue, her character is not a relevant factor to be taken into consideration at all”. Thus, in view of the above, undoubtedly, the two finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. Thus, this test, even if the report is affirmative, cannot ipso facto, be given rise to presumption of consent.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1226 OF 2011 LILLU @ RAJESH & ANR. Appellants VERSUS STATE OF HARYANA Respondent O R D E R 1. This criminal appeal has been preferred against the impugned judgment and order dated 20.9.2010 passed by the High Court of Punjab … Continue reading
it is a settled law, a portion of the statement made by an accused under Section 313 of the Code of Criminal Procedure cannot be made use of against the accused either it should be accepted in toto or it should be rejected in toto.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/12/2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRIMINAL APPEAL (MD).No.378 of 2010 Senthilkumar … Appellant Vs. The State, rep by The Inspector of Police, K.K.Nagar Police Station, Trichirappalli District, Crime No.130 of 2002. … Respondent PRAYER Appeal is filed under Section … Continue reading
it is no doubt true that the conviction in a case of rape can be based solely on the testimony of the prosecutrix, but that can be done in a case where the court is convinced about the truthfulness of the prosecutrix and there exist no circumstances which cast a shadow of doubt over her veracity. If the evidence of the prosecutrix is of such quality that may be sufficient to sustain an order of conviction solely on the basis of her testimony. In the instant case we do not find her evidence to be of such quality.
CASE NO.: Appeal (crl.) 1156-1158 of 2005 PETITIONER: Ramdas and others RESPONDENT: State of Maharashtra DATE OF JUDGMENT: 07/11/2006 BENCH: B.P. SINGH & TARUN CHATTERJEE JUDGMENT: J U D G M E N T B.P. Singh, J In these appeals by special leave the appellants Ramdas, Ashok and Madhukar have challenged their conviction under … Continue reading
sample voice = If the facts in the present case are examined in the light of the above pronouncements of the Apex Court, it is evident that the Sub Divisional Police Officer, Bapatla is already in possession of a CD containing voices or conversation said to be between A-1 and the victim woman; and the investigating officer wanted sample voice of A-1 and the victim to be recorded in court for the purpose of making comparison of voices contained in the CD with the sample voices recorded in open court. This exercise of recording of sample voices of A-1 and the victim in open court is not going to incriminate A-1 on the basis of such sample voice, but only facilitates the investigating officer and the court to identify voice contained in the CD which is already in possession of the investigating officer. By any stretch of imagination, the exercise of recording sample voice of A-1 for the purpose of identifying the male voice already contained in CD which is collected by the investigating officer during investigation, cannot amount to testimonial compulsion which is prohibited under Article 20(3) of the Constitution of India.
THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINALREVISION CASE NO.1219 OF 2010 27-07-2010 Y. Ranganadh Goud State rep. By the Public Prosecutor, High Court of AP., Hyderabad. Counsel for the Petitioner : Sri C. Mastan Naidu Counsel for the Respondent: Public Prosecutor :ORDER: 1. The revision petitioner/A-1 is accused of offences punishable under Sections 417, 420, … Continue reading
Defamation = Criminal Trial–Defamation of Public servant in respect of public function–Complaint before Sessions Judge by Public Prosecutor–If required to be signed by the Public servant also–Code of Criminal Procedure, 1898 (V of 1898), ss.198 and 198-B. =The Public Prosecutor, Kanpur, filed a complaint in the Court of Session, Kanpur, charging the appellants with having published a news item which was false and defamatory of the Chief Minister of Uttar Pradesh. The complaint complied with the requirements of s. 198-B, Code of Criminal Procedure. The appellants contended that the complaint should have complied with the requirements of s. 198 of the Code also and, as it was 64 not signed by the Chief Minister, the Sessions judge had no jurisdiction to entertain it. Held, that it was not necessary for the Chief Minister also to sign the complaint filed by the Public Prosecutor. The nonobstante clause ” notwithstanding anything contained in this Code ” in sub-s. (1) of s. 198-B excludes the operation of the other provisions of the Code relating to initiation and trial of the offence of defamation, including s. 198. Sub-section (13) of s. 198-B which provides that the provisions of s. 198-B shall be in addition to and not in derogation of s. 198 merely preserves the right of the person defamed to file a complaint under s. 198. The two sections provide alternative remedies. The provisions in s. 198-B relating to the award of compensation to the accused in case of false and frivolous or vexatious accusation do not affect this conclusion. Normally it is the public servant who moves the Government for taking proceedings and under subs. (5) he is required to be examined as a witness to support the prosecution, and it cannot be said that he has no concern with the lodging of a complaint under s. 198- B. C. B. L. Bhatnagar v. The State, A.I.R. 1958 Bom. 196 and R. Sankar v. The State, I.L.R. (1959) Kerala 195, disapproved.
PETITIONER: P.C. JOSHI AND ANOTHER Vs. RESPONDENT: THE STATE OF UTTAR PRADESH DATE OF JUDGMENT: 25/10/1960 BENCH: SHAH, J.C. BENCH: SHAH, J.C. DAS, S.K. CITATION: 1961 AIR 387 1961 SCR (2) 63 ACT: Criminal Trial–Defamation of Public servant in respect of public function–Complaint before Sessions Judge by Public Prosecutor–If required to be signed by the … Continue reading
when to compound the offence?=the question of compounding the offences in respect of which the petitioner was convicted and sentenced before this Court does not arise at all because the corresponding criminal case was already disposed of finally. Therefore, the plea of the petitioner to do so is to be rejected even supposing that Section 326 IPC is compoundable.
THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.R.C.M.P.No.1835 of 2011 and bt 1-7-2011 Asi Balayya (A1)and others State of A.P.,rep. by P.P. and another Counsel for the Petitioner: Sri T.PRASANNA KUMAR Counsel for the Respondent No.1: The Public Prosecutor :JUDGMENT: The revision petition is filed under Section 397 and 401 Cr.P.C. against common judgment made … Continue reading
since the domestic violence case is quasi criminal one, if the respondent not appeared, then the court can set him exparte. no need to give warrants against him for securing his attendance as it is not compulsory, it is his option whether to contest or not to contest=However, the learned Magistrate is directed to proceed with the matter without taking coercive steps for the appearance of the petitioners. If the petitioners chose not to represent in the matter, ex parte orders can be passed and only if they violate the orders, they can be proceeded under Section 31 of the Act as referred above.
THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Criminal Petition No.963 of 2008 08-07-2010 Valisetti Chandra Rekha. 2. Kota Satyanarayana Rao. The State of A.P., rep by its Public Prosecutor, High Court of A.P. 2. Kota Kamala Devi. Counsel for the Appellants: Sri K.Srinivas Counsel for the Respondent No.1: Public Prosecutor :ORDER: Petitioners, who are respondent Nos.3 … Continue reading
child abuse – acquitted =The accused was working as Teacher in a private school at Lingapur village, on 22.6.2002 during evening hours, the daughter of the defacto-complainant namely Tulasi informed her mother that the accused removed her underwear and inserted his pennies into her anus, as a result of which, she sustained bleeding injury to her private parts, thereafter the accused instructed the school attenders Smt.Mallamma and Chandrakala to wash the body and clothes of the victim. On 24.6.2002, the father of the victim and others questioned the accused about the incident, then the accused admitted his guilt but prayed not to give any report against him.
THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1416 of 2004 15-7-2011 Karri Simhachalam Naidu State of A.P.,rep. by P.P. Counsel for the Petitioner: Sri C.Praveen Kumar Counsel for the Respondents: The Public Prosecutor :JUDGMENT: This revision has arisen out of concurrent findings recorded by the Principal Assistant Sessions Judge, Ranga Reddy district … Continue reading
murder case convicted = `interested witness’ as: “A close relative who is a natural witness cannot be regarded as an interested witness. The term 9 `interested’ postulates that the witness must have some direct interest in having the accused somehow or the other convicted for some animus or for some other reason.” =time of death- as the physical condition of a body after death depends upon various factors i.e. age, geographical and climatic conditions of the place of occurrence etc. = value of medical evidence – the ocular evidence would have primacy unless it is established that oral evidence is totally irreconcilable with the medical evidence. = witness pshychology- “The Court shall have to bear in mind that different witnesses react differently under different situations: whereas some become speechless, some start wailing while some others run away from the scene and yet there are some who may come forward with courage, conviction and belief that the wrong should be remedied. As a matter of fact it depends upon individuals and individuals. There cannot be any set pattern or uniform rule of human reaction and to discard a piece of evidence on the ground of his reaction not falling within a set pattern is unproductive and a pedantic exercise.”
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 339 of 2008 Rakesh & Another …Appellants Versus State of Madhya Pradesh …Respondent J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This criminal appeal has been preferred against the judgment and order dated 15.12.2006 passed by the … Continue reading
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