Skip to main content

Victim's version enough to nail accused in sexual assault and in such cases women can complain of crime much later: HC

The Bombay High Court has held that in cases of outraging modesty of women, the evidence tendered by the victim should be sufficient to nail the accused and it was not necessary to seek corroboration.

The court observed this while finding a man guilty of outraging the modesty of his brother's wife. In this regard, the Judge relied entirely upon the evidence given by the victim.

"Such evidence can be given only by the victim herself.

The victim has been cross-examined at length. However, no discrepancies were pointed out in her evidence. "No other can depose on her behalf", the Judge noted in her order on June 10.

The court dismissed an appeal filed by Ashok Ghodke against a Pune magistrate's order finding him guilty of outraging the modesty of his sister-in-law. However, he and other family members had been acquitted of charges of cruelty (section 498A) and 506 (criminal intimidation) of Indian Penal Code.

The high court also upheld the lower court's order of February 24, 2009, rejecting the plea of the accused that there was no independent witness in the case.

"There would be none under such circumstances. Only her (the victim's) little son was present with her. The incident happened after midnight. Hence the neighbours would be asleep", the judge observed.

"She was not allowed to shout when she tried to shout because the applicant herein closed her mouth. He would have overpowered her. The learned magistrate has rightly observed that multiplication of witnesses is unnecessary and such evidence needs no corroboration of any sort", Justice Dalvi remarked.

Taking into consideration the reality that women may take time to lodge a complaint of a crime committed against them, the Bombay high court has ruled that such complaints do not have to be lodged within hours of the crime.

"It is settled law that complaints by women for offences against women are not mandatorily required to be filed within hours," said Justice Roshan Dalvi.

Article referred: http://www.deccanherald.com/content/338471/victim039s-version-enough-nail-accused.html

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.