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Sexual intercourse

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Sec. 90 and Sec. 376 of I.P.C. = Consent obtained by playing fraud to marry her and committed sexual intercourse and later refused to marry her amounts to Rape as her consent was obtained by playing fraud on her = State of U.P. … Appellant VS. Naushad … Respondent = Published in http://courtnic.nic.in/supremecourt/qrydisp.asp

Sec. 90 and Sec. 376 of I.P.C. = Consent obtained by playing fraud to marry her and committed sexual intercourse and later refused to marry her amounts to Rape as her consent was obtained by playing fraud on her =    Section 375 of the IPC defines the offence of rape, and enumerates six descriptions of the … Continue reading

Criminal Law : Criminal Procedure Code, 1973 : Sections 227, 228 and 219. Accused-Discharge of or framing of charges against-Tests to determine-Held : Court had to sift evidence on record only for the limited purpose of finding out whether a prima facie case was made out against the ac-cused-At that stage Court was not required to sift the evidence for arriving at the conclusion that it would not lead to conviction-In the circumstances of the case, the High Court erred in seeking independent corroboration to the version of the complainants in discharging the accused-Case remitted to trial court to proceed further in accordance with law-Trial Court was further directed to consider afresh whether the charge was required to be altered or amended so as to make it consistent with S. 219. Penal Code, 1860 : Section 376. Accused-Complaint against-For committing rape on 3 girls at different times-High Court discharged accused on grounds that he was a saintly old man who had thousands/millions of disciples all over India and that there was delay on the part of the rape victims in disclosing those illegal acts to their parents and police-Held : High Court erred in discharging the accused merely on such grounds-Rape victims, while making complaint to the police, were not required to give detailed explanations. Section 376-External injuries-Absence of-On the person of the prosecutrix- Held : Version of the prosecutrix could not be described as false on such a ground. The accused, a spiritual teacher, was charged under Section 376 of the Indian Penal Code, 1860 for committing rape on 3 girls at different times. The application for discharge of the accused was dismissed. But the High Court discharged the accused on the grounds that the accused was a saintly old man, who had renounced the world, who was engrossed in spiritual activities and who had thousands millions of disciples all over India and, therefore, was not likely to indulge in the illegal acts alleged against him. The High Court further held that a saintly old man would not commit sexual intercourse with the pracharak of his cult in the presence of his disciples; that the conduct of the victims and the delay in disclosing the illegal acts to their parents and the police showed that the girls had leveled false allegations against the accused; that there was no independent corroboration of the story of the victims and that the absence of external injuries on the person of the prosecutrix showed that her version was false. Hence this appeal. On behalf of the appellant-State it was contended that the High Court far exceeded the limits of consideration at the stage of Section 227 of the Criminal Procedure Code, 1973; and that the High Court committed error in sifting and weighing the material placed before the Court by applying the standard of test and proof which was to be applied finally for deciding whether the accused was guilty or not. =Allowing the appeal, this Court HELD: 1.1. At the stage of Sections 227 and 228 of the Criminal Procedure Code, 1973 the Court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of all the in-gredients constituting the alleged offence. The Court may, for this limited purpose, sift the evidence, as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case. Therefore, at the stage of framing of the charge the Court has to consider the material with a view to find out if there is ground for presuming that the accused has committed the offence or that there is no sufficient ground for proceeding against him and not for the purpose of arriving at the conclusion that it is not likely to lead to a conviction. [939-D-G] 1.2. What the Court has to consider at the stage of framing of the charge is whether the version of the person complaining together with his/her explanation is prima facie believable or not. It was, therefore, not proper for the High Court to seek independent corroboration at that stage and to quash the charge and discharge the accused in absence thereof. The High Court was wholly wrong in discarding the material placed before the Court as false and discharging the accused on that ground. [943-C-F] Niranjan Singh Punjabi v. Jitendra Bijjaya, [1990] 4 SCC 76, relied on. State of Punjab v.Jagir Singh, AIR (1977) SC 2407, held inapplicable. Union of India v. Prafulla Kumar Samal & Anr., [1979] 2 SCR 229, referred to. 13. The Sessions Court is directed to proceed further with the trial in accordance with law and to consider afresh whether the charge is required to be altered or amended so as to make it consistent with Section 219 of the Code. 2.1. In the present case, the High Court was much influenced by the submission made on behalf of the defence that the accused is a saintly old man, who has renounced the world, who is engrossed in spiritual activity and who has thousands/millions of disciples all over India and, therefore, he was not likely to indulge in the illegal acts alleged against him. It failed to appreciate that it is not unusual to come across cases where the so-called spiritual heads exploit young girls and women who become their disciples and come under their spell. Moreover, the reasoning of the High Court that it also does not stand to reason that a saintly man who has thousands/millions of disciples all over India would commit sexual inter- course with the pracharak of his cult in the presence of his disciples stands vitiated because of the vice of misreading the statements. The three rape victims have nowhere stated in their statements that the accused had sexual intercourse with them in the presence of other disciples. The High Court gave too much importance to the conduct of the three victims and the delay in disclosing those illegal acts to their parents and the police. What the High Court has failed to appreciate is how a victim of such an offence will behave would depend upon the circumstances in which she is placed. It often happens that such victims do not complain against such illegal acts immediately because of factors like fear or shame or uncertain-ties about the reactions of their parents or husbands in case of married girls or women and the adverse consequences which, they apprehend, would follow because of disclosure of such acts. What the three girls had stated in their statements was not inherently improbable or unnatural. They have disclosed the reasons why they could not immediately complain about those illegal acts for such a long time. What the High Court has failed to appreciate is that while making a complaint to the police or giving their statements they were not required to give detailed explanations. 2.2. It was also improper on the part of the High Court to describe the version of the prosecutrix as false because no external injuries were noticed on her person while she was examined by a doctor. Modi: “Medical Jurisprudence and Toxicology”, referred to. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 263 of 1997.

PETITIONER: STATE OF MAHARASHTRA Vs. RESPONDENT: PRIYA SHARAN MAHARAJ & ORS. DATE OF JUDGMENT: 11/03/1997 BENCH: G.N. RAY, G.T. NANAVATI ACT: HEADNOTE:JUDGMENT: J U D G M E N T NANAVATI Leave granted. Heard the learned counsel. On 11.5.91, one Purushottam Wasudeo Deshpande lodged a complaint at the Dhantoli Police Station, Nagpur that his two … 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

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