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Notwithstanding the conclusion due to inconsistent prosecution evidence, the Court emphasized that timely disclosure, effective investigation and prompt trial are necessary in sexual abuse cases involving young complainants.
“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”
A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.
“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”
The Gujarat Government had released the 11 convicts on 15-08-2023 as the convicts have completed 14 years sentence in prison and due to their good behavior. Aggrieved by this, Bilkis Bano filed a petition against the premature release of the convicts.
“A woman deserves respect howsoever high or low she may be otherwise considered in society or to whatever faith she may follow or any creed she may belong to”
“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”
“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”
Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.
“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”
While emphasising on the reliability of the prosecutrix’s testimony, the Calcutta High Court cautioned against its universal application and highlighted the need for evaluation based on the case’s circumstances.
“Only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that his temporary release on furlough would be against the interest of the society.”
Allahabad High Court said that there is a serious discrepancy in the eyewitness testimony. It does not match with other evidence, material and circumstances.
The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.
The Nithari murder case concerning with the rape and murder of several girl children between 2005-2006 sent shockwaves across the country.
“The objectivity of the judges is the key to fairness of justice and the decisions have to be objectively determined according to the law of land and not by moral principles of the judge concerned.”
Calcutta High Court held that the proximity between the last seen circumstance and the recovery of the victim’s body established a livelink between their presence and the rape and murder.