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Documents citing Sakshi vs Union Of India on 26 May, 2004

Atma Ram vs The State Of Rajasthan on 11 April, 2019

“29. As pointed out above, in Sakshi's case, the Court had insisted about the need to come up with a legislation for the protection of witnesses. It had even requested the Law Commission to examine certain aspects, which resulted to 172nd review of rape laws by the Law Commission. However, the Court specifically rejected the suggestion of the Law Commission regarding examination of vulnerable witnesses in the absence of Accused. Having regard to the provisions of Section 273 of the Code of Criminal Procedure, which is based on the tenets of principle of natural justice, that the witness must be examined in the presence of the Accused, such a principle cannot be sacrificed in trials and in inquiries regarding sexual offences.
Supreme Court of India Cites 46 - Cited by 13 - U U Lalit - Full Document

Shahrukhkhan Abdulraufkhan Babankhan ... vs Azaruddin Valiuddin Saiyed & on 11 July, 2014

4.5.   It   is   further   submitted   by   Shri   Naik,   learned   Senior  Advocate   for   the   respondent   no.1­first   informant   that   even   the   said  judgment in the case of Praful B Desai (supra) is subsequently approved  by   Hon'ble   Supreme   Court   in   the   case   of  Sakshi  vs.   Union  of  India  reported in (2004) 5 SCC 518 (para 31).
Gujarat High Court Cites 25 - Cited by 0 - Full Document

Amit Kumar @ Mittal vs State Of U.P. & Others on 9 May, 2011

Such a lenient punishment appears to have been prescribed for the crime under section 354 IPC because of a patriarchal mind set which does not accord equal status with a man to a woman, and is indifferent to the psychological trauma that a woman must undergo when criminal force is applied to her for outraging her modesty. As a matter of fact if a woman or girl child is viciously molested as in the present case, it can be a highly traumatic experience which can leave a permanent psychological scar on the woman or girl child as she suffers humiliation, degradation and violation in the same manner similar to that she would suffer if she were an actual victim of a rape. It is thus a crime similar to the crime of rape, and whilst it has been argued that such crimes affect the sexual integrity and autonomy of women and children and are violative of the right to life guaranteed under Art. 21 of the Constitution of India, but the argument to this extent has not been accepted in Sakshi v Union of India, AIR 2004 SC 3566 which has held that where there is no penile penetration, no offence of rape under section 375 IPC is disclosed. But Sakshi too has shown considerable concern for the woman or child victim of sexual violence, and has held in paragraph 34 that the provisions of sub-section (2) of S. 327, Cr. P.C. prescribing in camera trials shall in addition to the offences mentioned in the sub-section (i.e. offences under section 376, 376 A, 376 B, 376 C,and 376 D IPC) also apply in inquiry or trials of offences under Ss. 354 and 377, I.P.C. In holding a trial of child sex abuse or rape a screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not see the body or face of the accused, the questions put in cross-examination on behalf of the accused, in so far as they relate directly to the incident, should be given in writing to the Presiding Officer of the Court who may put them to the victim or witnesses in a language which is clear and is not embarrassing, the victim of child abuse or rape, while giving testimony in Court, should be allowed sufficient breaks as and when required. Sakshi has also emphasized in paragraph 35 that as the cases of child abuse and rape are increasing at an alarming speed appropriate legislation by Parliament in this regard is, urgently required.
Allahabad High Court Cites 19 - Cited by 0 - Full Document

Mansukhbhai Kanjibhai Shah vs State Of Gujarat on 2 February, 2018

(4) In Sakshi vs. Union of India reported in (2004)5 SCC 518 again the Hon'ble the Supreme Court of India has held that It is well settled principle that the intention of the Legislature is primarily to be gathered form the language Page 29 of 90 HC-NIC Page 29 of 90 Created On Thu Feb 08 23:44:41 IST 2018 R/CR.RA/1188/2017 CAV JUDGMENT used, which means that attention should be paid to what has been said as also to what has not been said. As a consequence a construction which requires for its support addition or substitution of words or which results in rejection of words as meaningless has to be avoided. It is contrary to all rules of construction to read words into an Act unless it is absolutely necessary to do so. Similarly it is wrong and dangerous to proceed by substituting some other words for words of the statute. It is equally well settled that a statute enacting an offence or imposing a penalty is strictly construed. The fact that an enactment is a penal provision is in itself a reason for hesitating before ascribing to phrases used in it a meaning broarder than that they would ordinarily bear.
Gujarat High Court Cites 80 - Cited by 0 - S G Shah - Full Document

Mallikarjun Kodagali (Dead) ... vs The State Of Karnataka on 12 October, 2018

In Sakshi v. Union of India5 this Court passed significant directions for holding in camera proceedings, providing for a screen between the accused and the victim and placed restrictions, in a sense, on 2Girish Kumar Suneja v. Central Board of Investigation, (2017) 14 SCC 809 3Hari Singh v. Sukhbir Singh, AIR 1988 SC 2127; Bodhisattwa Gautam v. Subhra Chakroborty, AIR 1996 SC 922; Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770 4Sampurna Behura v. Union of India, (2018) 4 SCC 433 5(2004) 5 SCC 518 Crl. Appeal Nos._______/2018 (@ S.L.P. (Crl.) Nos. 7040-7041 of 2014) 4 the cross examination of witnesses. It is true that these directions have been passed in a case relating to sexual offences but the trend of this Court has been to show concern for the rights of victims of an offence and to address them.
Supreme Court of India Cites 47 - Cited by 177 - M B Lokur - Full Document

Ibrahim Kujra vs The State Of Bihar on 11 September, 2019

"29. As pointed out above, in Sakshi's case, the Court had insisted about the need to come up with a legislation for the protection of witnesses. It had even requested the Law Commission to examine certain aspects, which resulted to 172nd review of rape laws by the Law Commission. However, the Court specifically rejected the suggestion of the Law Commission regarding examination of vulnerable witnesses in the absence of Accused. Having regard to the provisions of Section 273 of the Code of Criminal Procedure, which is based on the tenets of principle of natural justice, that the witness must be examined in the presence of the Accused, such a principle cannot be sacrificed in trials and in inquiries regarding sexual offences. In such a scenario examination of these witnesses Patna High Court CR. APP (SJ) No.305 of 2016 dt.11-09-2019 11/14 through video conferencing provides the solution which balances the interest of the Accused as well as vulnerable witnesses."
Patna High Court Cites 27 - Cited by 0 - A K Trivedi - Full Document
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