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Manoj Kaduba Nade vs The State Of Maharashtra And Another on 10 August, 2023

The acts of the accused were sufficient to prove that he had knowledge that his act was likely to outrage her modesty. His acts also prove that he had applied criminal force on the victim. Hence, both Courts have correctly believed that the prosecution has established the offence of outraging the modesty of the women as provided under Section 354 of the Indian Penal Code beyond a reasonable doubt. The ratio laid down in the case laws relied upon by the accused would come to his aid as distinguishable on facts.
Bombay High Court Cites 8 - Cited by 0 - S G Mehare - Full Document

Rohit vs State on 17 July, 2020

5. Learned counsel for the petitioner contended that there was no eye witness of the incident and the appellant has been falsely implicated in the case on account of his love affair with the niece of the father of the child victim. It is further contended that at the time of the MLC, no bleeding or physical injury was observed on the private parts of the victim and in support of his submissions, he has relied upon the decisions in Kailash Laxman Khamkar v State of Maharashtra reported as 2010 CriLJ 3255 as well as the decision in Pandurang Sitaram Bhagwat v State of Maharashtra reported as AIR 2005 SC 643. He also contended that the testimony of the child victim does not inspire confidence as the same is inconsistent with her earlier statements. It was further contended that though the samples were collected on the date of the incident i.e., on 28.09.2015, however the DNA examination was conducted on 01.02.2018. It is submitted that the samples could not have remained preserved for such a long time and thus no reliance could have been placed on the DNA Analysis Report. Lastly, it was submitted that no public witness or PCR official was examined.
Delhi High Court Cites 23 - Cited by 0 - M K Ohri - Full Document

Maregowdu vs The State Of Tamil Nadu on 7 April, 2021

(12) (2011) 2 SCC 532 [Kalyan Kumar Gogoi Vs. Ashutosh Agnihotri] (13) (2003) 1 SCC 465 [Joseph Vs. State of Kerala] (14) (2012) 4 SCC 257 [Ramnaresh Vs. State of Chhattisgarh] (15) (2002) 7 SCC 71 [Ganesh K.Gulve Vs. State of Maharashtra] (16) (1981) 3 SCC 675 [Hari Obula Reddy Vs. The State of Andhra Pradesh] (17) (1996) 11 SCC 248[Madhusudhan Singh Vs. State of Bihar] (18) (2005) 9 SCC 44 [Pandurang Sitaram Bhagwat Vs. State of Maharashtra] (19) (2003) 11 SCC 231 [Sadhu Ram Vs. State of Rajasthan] (20) AIR (1959) SC 1012 [Tahsildar Singh Vs. State of U.P] (21) (1990) 3 SCC 190 [Vijayee Singh Vs. State of U.P.]
Madras High Court Cites 16 - Cited by 0 - P Velmurugan - Full Document

Baljinder Singh & Anr vs State Of Haryana And Ors on 4 March, 2022

13. It has been held by the Hon'ble Supreme Court in the matter of Pandurang Sitaram Bhagwat versus State of Maharashtra reported as 2005 (1) RCR (Criminal) 858 (SC) that there can be no general and universal rule that a women cannot make false allegations or will not put her character at stake. Such an aspect has to be determined in light of factual matrix of each case.
Punjab-Haryana High Court Cites 34 - Cited by 0 - A G Masih - Full Document

Bhimrao Arjun Panchal vs The State Of Maharashtra on 31 August, 2023

In Pandurang Sitaram Bhagwat Vs. State of Maharashtra, (2005) 9 SC 44, the accused was convicted on the ground that ordinarily a lady would not "put her character at stake' and falsely implicate a person. In this context, the Hon'ble Supreme Court in above case, in paragraph No. 16 has observed that "the approach of the learned trial Judge as noted supra that ordinarily a lady would not "put her character at stake" may not be wrong but can not be applied universally. Each has to be determined on the touchstone of the ::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 09:13:58 ::: 10 CrRn-35-06.odt factual matrix of the case. The law reports are replete with decisions where charges under Sections 376 and 354 of the Indian penal Code have to be found to have falsely advanced."
Bombay High Court Cites 12 - Cited by 0 - S G Mehare - Full Document
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