State Of Punjab vs Baljinder Kumar @ Kala on 4 March, 2024
Author: G.S. Sandhawalia
genitals or leaving
any seminal stains. But in the present case before us as noticed
above there is more than enough evidence positively showing that ... Criminal Law in the year
2013 in the aftermath of the Nirbhaya case, wherein a female student
was gang-raped in December
stage it is not necessary to go into the merits of
the case.
17. As rightly contended by the learned Senior Counsel appearing ... Criminal Law (Amendment) Act, 2013 after the heinous 'Nirbhaya Case'
of December, 2012 and as per the concept of Zero FIR, that
same, the other evidence is to be
considered. In this case, the prosecution has produced the matriculation
certificate issued by the school authorities ... rightly argued by the learned Government
Advocate(Crl.side) after Delhi Nirbhaya case, the parliament has brought the
various amendments to the provision
Court may deem just and proper in the circumstances of the case."
In nutshell, the contention of petitioner's counsel is that earlier ... recommended by the Justice J.S. Verma Committee constituted after the Nirbhaya case which in fact had recommended that it should
there should be a sexual intent
which is lacking in the instant case.
e) Whatever act has been attributed so as to attract
the provisions ... alleviate
6
the agony of victim of sexual assault post
Nirbhaya's case. These amendments were made
keeping in view the plight
committee on
amendments to Criminal Law pursuant to Nirbhaya's Case. On
the basis of the report of the Committee, the Criminal Law
(Amendment
stated that the case of the second respondent
is false and there existed some suspicion over the prosecution case. As
already pointed out, the motive ... provisions.
9. It is pertinent to note that subsequent to Nirbhaya's case, the
Criminal Law (Amendment Bill) received the Presidential Assent
learned advocate for the applicant also relying upon
the authority in the case of Vishal S/o Omprakash Verma Vs. The
State of Maharashtra ... accused. There
are incidents of rapes committed by gang like the case of
Nirbhaya or Maya Thagi or Mathura which cannot be forgotten by
Indian
quantum of sentence at the end of trial, so in the case of
bail.
10. The offence of rape can be distinguished on the basis ... accused. There are incidents of
rapes committed by gang like the case of Nirbhaya or
Maya Thagi or Mathura which cannot be forgotten by
Indian