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

Sanjeev Kumar vs The State Nct Of Delhi on 1 May, 2023

(xxv) In order to elicit complete evidence, a child witness may use gestures. The courts must carefully translate such explanation or description into written record. (xxvi) The victim of child abuse or rape or a child witness, while giving testimony in court should be allowed sufficient breaks as and when required. (Ref : Sakshi v. UOI) (xxvii) Cases of sexual assaults on females be placed before lady judges wherever available.
Delhi High Court Cites 38 - Cited by 0 - S K Sharma - Full Document

Imaging Association vs Union Of India on 26 August, 2011

In Sakshi v. Union of India and other (supra), the Court has also held that there is a major difference between the substantive provisions defining the crimes and providing punishment for the same on the one hand and procedural enactments on the other hand. Rules of procedure are handmaiden of justice and are meant to advance and not to obstruct the cause of justice. It is, therefore, permissible for the Court to expand or enlarge the meanings of such provisions to elicit the truth and do justice to the parties.
Bombay High Court Cites 26 - Cited by 1 - M S Shah - Full Document

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

Harish @ Hunny vs The State Govt. Of Nct Of Delhi on 22 May, 2018

On the basis of the observations of the Supreme Court in Sakshi v. Union of India, the Criminal Law (Amendment) Bill 2000 has been prepared, which is pending consideration before the Parliament. Thus, the trial court rightly concluded that there was insufficient evidence to find that the Respondent had committed the offence of rape, as alleged by the Crl.A. Nos. 20/2018 & 125/2018 Page 30 of 49 prosecution. The trial court rightly convicted the accused for the offence of indecent assault punishable under Section 354 IPC."
Delhi High Court Cites 28 - Cited by 1 - S Muralidhar - Full Document

M.Veersamy vs State Of Tamilnadu on 7 March, 2012

Therefore, the investigating officer must keep these directives in mind and also to make appropriate application before the court which may likely to try such case. Even the court to which final report is filed also must have enough sensitivity in examine the children. The Investigating Officer need not all over again record the statements already recorded under Section 161(3) and file an appropriate final report after completing the other formalities with the existing statements recorded plus additional investigation done by her as expeditiously as possible. The court also should not allow the children to be brought again and again and also to prevent the accused or the counsel from cross examine them directly and has to provide safeguards as set out in paragraph 34 of the Sakshi's case (cited supra).
Madras High Court Cites 29 - Cited by 0 - K Chandru - Full Document
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