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There is no explanation on record as to why the victim did not depose in her examination-in-chief about commission of rape by the accused persons, which is the most important fact and there is no explanation as to how she forgot to mention such a material fact during her examination-in-chief.
Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.
The victim was allegedly gangraped by Narain and other co-accused persons when she approached them for a job.
The 1992 Ajmer Sex scandal involved systematic sexual exploitation and blackmail of schoolgirls, aged between 11 and 20 years, using nude photographs.
The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.
“Call Details Record of the victim would have reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging.”
Calcutta High Court emphasized the importance of considering the conduct of prisoners while in jail to ascertain their potential for committing further crimes after a long period of detention.
Supreme Court pointed towards the parameters/circumstances to be considered while granting or refusing bail as laid in a series of judgments.
The accused had failed to demonstrate any illegality in the impugned judgment convicting them for the offences of kidnapping, abduction, and gang rape.
The Court said that there is several room for doubt about the prosecution story regarding forcible sexual intercourse, the medical evidence is not supportive to the version of the victim that there was forcible intercourse or that there was any physical assault on her.
In a petition filed by Bilkis Bano, and other pleas in the nature of Public Interest Litigation, Supreme Court said that “we are only on legal and law and nothing to do with emotions.”
Allahabad High Court held that a woman can also be held guilty of sexual offences and can also be held guilty of gang rape if she has facilitated the act of rape with a group of persons.
“The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime.”
Punjab and Haryana High Court: While deciding the present appeal preferred by the accused of the Jindal gang rape case, Tejinder Singh
Jharkhand High Court: While deciding the instant petition, Sanjay Kumar Dwivedi, J., directed the State Legal Services Authority to ensure that the
The Kerala journalist was arrested under the Unlawful Activities (Prevention) Act on his way to Hathras, Uttar Pradesh to report on the alleged gang-rape of a Dalit woman, who later died in the Hospital.
Allahabad High Court: Krishan Pahal, J. dismissed the bail application of Siddique Kappan, the journalist who was arrested along with three others
The National Human Rights Commission, NHRC, India has taken suo motu cognizance of a media report that a 13 years old girl
Delhi High Court: The Division Bench of Siddharth Mridul and Anup Jairam Bambhani, JJ., while addressing a very unfortunate incident, involving sexual
Meghalaya High Court: W. Diengdoh, J., dismissed an application filed by the Petitioner with a prayer for grant of bail on behalf