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Sachin

@-Sachin-

Dazzler

Posted: 13 years ago

This Thread is Under Construction--------------

" While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."

"When a woman is ravished, what is inflicted is not mere physical injury but the deep sense of some deathless shame' judicial response to Human Rights cannot be blunted by legal bigotry."

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Dhananjoy Chatterjee's case

This was probably the ONLY case in India, where a death sentence was awarded for rape. On March 5, 1990, Dhananjay Chatterjee brutally rapes Hetal Parekh, a schoolgirl from Kolkata, and was sentenced to Death by the Alipore Sessions Court in 1991. [Only a sessions court has the authority to award a death sentence, all other courts can either affirm or negate it, but NOT award it on its own]. Dhananjay's challenge of the order in the High Court failed, as his plea was dismissed. The Supreme Court also dismissed his petition, and awarded the Death Penalty, which was later affirmed by the President.

Supreme Court Guidelines for the trial of rape cases:-

Rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application. Failure of law reflects the failure of the society to protect and serve humanity. In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:

The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted. The Advocates role should not merely be of explaining to the victim the nature of the proceedings, to prepare for the case and assist her, but to provide her with guidance as to how she might obtain help of a different nature from other agencies- for e.g. psychiatric consultation or medical assistance.
Legal assistance should be provided at the police Station, since the victim may be in a distressed state. Guidance and support of a lawyer at this stage would be of great help.
The police should be under a duty to inform the victim of her right to a counsel before being interrogated.
A list of lawyers willing to act in these cases should be kept at the police station.
Advocates shall be appointed by the Court on an application by the police at the earliest, but in order that the victim is not questioned without one, the Advocate shall be authorized to act at the police Station before leave of the Court is sought or obtained.
In all rape trials, anonymity of the victim must be maintained
It is necessary to setup Criminal Injuries Compensation Board with regard to the Directive Principles contained under Article 38(1) of the Constitution of India. As some victims also incur Substantial losses.
Compensation for the victims shall be awarded by the Court on the conviction of the offender and by the Criminal Injuries Compensation Board- whether or not a conviction has taken place. The Board will take into account pain, suffering, shock as well as loss of earnings due to pregnancy and child birth if this accrued as a result of rape.

If anyone wants to contribute any info on Rape Victims, Laws etc pls PM.

Edited by -Sachin- - 13 years ago

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rajh

@rajh

Sparkler

Posted: 13 years ago

what an thread yaar.

way to go.keep it up.

great post.

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jjkg

@jjkg

Navigator

Posted: 13 years ago

Originally posted by: 100raj
what an thread yaar.

way to go.keep it up.

great post.

Great post.

Question : Can a woman's past history be brought up in court to allege that she was promiscuous, hence she was not raped? Can her family history be brought up?

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67370

Hibernated

Posted: 13 years ago

Originally posted by: jjkg

Great post.

Question : Can a woman's past history be brought up in court to allege that she was promiscuous, hence she was not raped? Can her family history be brought up?

As per rule, sexual history of the victim is not considered when the sexual assault complain is considered.

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rajh

@rajh

Sparkler

Posted: 13 years ago

Originally posted by: jjkg

Great post.

Question : Can a woman's past history be brought up in court to allege that she was promiscuous, hence she was not raped? Can her family history be brought up?

no.
in rape cases old history of victim is irrelevant.

as per ipc --rape is case is dealt quite differently.
no witness required--and it is medical report is evidence here.
and victims past dose not going to affect case anyway.

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Sachin

@-Sachin-

Dazzler

Posted: 13 years ago

Rape victim's testimony not always gospel truth : Supreme Court

The Supreme Court has held that in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.

A bench of justices H S Bedi and J M Panchal said while primacy has to be given to victim's statement, there can be no presumption that she is telling the ultimate truth as the charge has to be proved "beyond reasonable doubt" as in any other criminal case.

"We are conscious of the fact that in a matter of rape, the statement of victim must be given primary consideration. But, at the same time, the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully," the apex court said in an order.

The court passed the observation while acquitting one of the three accused Abbas Ahmad Chowdhary charged with raping a minor girl.

It was the case of the prosecution that on September 15, 1997, the accused-appellants Md. Mizazul Haq, Abbas Ahmad Choudhury and one Ranju Das (absconding) had raped the victim after forcibly taking her to a tea estate in Jalalpur.

The sessions court in Assam convicted two of the accused Choudhary and Haq for rape. The Guwhati High Court upheld the conviction following which the duo appealed before the apex court.

The apex court, however, gave benefit of doubt to Chowdhary as there were variations in the statements made by the victim.

"It must first be borne in mind that in her statement recorded on 17th September, 1997, the prosecutrix had not attributed any rape to Abbas Ahmad Choudhary. Likewise, she had stated that he was not one of those who kidnapped her and taken to Jalalpur Tea Estate and on the other hand she categorically stated that while she along with and Ranju Das were returning to the village that he had joined them somewhere along the way but had still not committed rape.

"It is true that in her statement in court she has attributed rape to Abbas Ahmad Choudhary as well, but in the light of the aforesaid contradictions some doubt is created with regard to his involvement. Some corroboration of rape could have been found if Abbas Ahmad Choudhary too had been apprehended and taken to the police station by P.W. 5 -Ranjit Dutta the Constable," the apex court said.

The apex court pointed out that the victim's original statement was corroborated by the investigating officer that only two of the appellants Ranju Das and Md Mizalul Haq along with the prosecutrix had been brought to the police station as Abbas Ahmad Choudhary had run away while en route to the police station.

"Resultantly, an inference can be rightly drawn that Abbas Ahmad Choudhary was perhaps not in the car when the complainant and two of the appellants had been apprehended by constable Ranjit Dutta. We are, therefore, of the opinion that the involvement of Abbas Ahmad Choudhary is doubtful," the apex court said.

However, it upheld the conviction of Mizazul Haq and dismissed his appeal.

Source:- Times Of India Dated:-Feb14 , 2010

Edited by -Sachin- - 13 years ago

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Mamoona

@Silent.Dreamer

Stunner

+ 5

Posted: 13 years ago

Thank You Sachin for this Information.

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490368

Suspended

Posted: 13 years ago

Thanks a lot Sachin ..

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-SweetGirl-

@-SweetGirl-

Rocker

+ 5

Posted: 13 years ago

Thanks a ton for making this post !👏 I really Hope Mrs.Illa Bedi Dutta is reading this and show the Legal Process very clearly and put up the example !

Well Rape is the Crime Which end up ruining everything from life to Soul to Family life so as social status ! still I m sad with law process of our country.They have added more clauses there But still the Rape cases are increasing like anything.The worst possible case Which are more in Numbers where a Victim gets killed after the rape ! We really need a proper law and security system Being a girl Where this inhuman rapist use loopholes of Justice system and escape easily by Money or power either !

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rajh

@rajh

Sparkler

Posted: 13 years ago

#10

Originally posted by: -Sachin-
Rape victim's testimony not always gospel truth : Supreme Court

The Supreme Court has held that in rape cases the testimony of the victim cannot be considered to be the gospel truth, though in normal circumstances her statement has to be relied upon.
A bench of justices H S Bedi and J M Panchal said while primacy has to be given to victim's statement, there can be no presumption that she is telling the ultimate truth as the charge has to be proved "beyond reasonable doubt" as in any other criminal case.
"We are conscious of the fact that in a matter of rape, the statement of victim must be given primary consideration. But, at the same time, the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully," the apex court said in an order.
The court passed the observation while acquitting one of the three accused Abbas Ahmad Chowdhary charged with raping a minor girl.
It was the case of the prosecution that on September 15, 1997, the accused-appellants Md. Mizazul Haq, Abbas Ahmad Choudhury and one Ranju Das (absconding) had raped the victim after forcibly taking her to a tea estate in Jalalpur.
The sessions court in Assam convicted two of the accused Choudhary and Haq for rape. The Guwhati High Court upheld the conviction following which the duo appealed before the apex court.
The apex court, however, gave benefit of doubt to Chowdhary as there were variations in the statements made by the victim.
"It must first be borne in mind that in her statement recorded on 17th September, 1997, the prosecutrix had not attributed any rape to Abbas Ahmad Choudhary. Likewise, she had stated that he was not one of those who kidnapped her and taken to Jalalpur Tea Estate and on the other hand she categorically stated that while she along with and Ranju Das were returning to the village that he had joined them somewhere along the way but had still not committed rape.
"It is true that in her statement in court she has attributed rape to Abbas Ahmad Choudhary as well, but in the light of the aforesaid contradictions some doubt is created with regard to his involvement. Some corroboration of rape could have been found if Abbas Ahmad Choudhary too had been apprehended and taken to the police station by P.W. 5 -Ranjit Dutta the Constable," the apex court said.
The apex court pointed out that the victim's original statement was corroborated by the investigating officer that only two of the appellants Ranju Das and Md Mizalul Haq along with the prosecutrix had been brought to the police station as Abbas Ahmad Choudhary had run away while en route to the police station.
"Resultantly, an inference can be rightly drawn that Abbas Ahmad Choudhary was perhaps not in the car when the complainant and two of the appellants had been apprehended by constable Ranjit Dutta. We are, therefore, of the opinion that the involvement of Abbas Ahmad Choudhary is doubtful," the apex court said.
However, it upheld the conviction of Mizazul Haq and dismissed his appeal.

Source:- Times Of India Dated:-Feb14 , 2010

@bold--

rape is happened and for that two person are convicted.and one is freed.
is it so difficult to find weather other is in car or not??
why benefit of doubt word is used in judgement??

Edited by 100raj - 13 years ago