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Documents citing Rafiq vs State Of U.P on 14 August, 1980

Shiv Kumar And Ors. vs State Of Rajasthan on 7 April, 1993

9. The contention of the learned Addl. PP that conviction can be based on the statement of the prosecutrix herself whether corroborated or not is no doubt based on the legal proposition with which there cannot be any quarrel but in the facts and circumstances of the present case, having gone through the totality of the facts and circumstances, as has been held by the Supreme Court in the case of Rafiq v. State of U.P. (supra), and having gone through the statement of the prosecutrix Prabho wherein Probho herself admits the factum of holding a Panchayat and the factum of the imposition of fine on her side and even says that she did not know as to what about the fine had been imposed on the side of her and father-in-law; the fact that she even did not disclose this incident of her being taken away to the school while she had gone for attending the call of the nature, to her husband and her statement that she had also informed police people that her Jantar had been taken away and yet the same was not mentioned by the police and her own statement that in the village, a Panchayat was held before filing the report in the police and this Panchayat was held on the very day when her father-in-law and husband came from Delhi; and her statement in the earlier part of the cross-examination that her mother-in-law's name is Dhapa and not Manni, go to raise a suspicion and lurking doubt about the correctness of the prosecution story.
Rajasthan High Court - Jaipur Cites 2 - Cited by 2 - Full Document

Haneef And (2) Others. vs The State Of U.P. on 20 September, 2017

Courts used to take the position that if there was no proof of physical assault there would be no rape. The presumption that if no physical injury is evident on the victim, no sexual intercourse has taken place or rape has not been committed, ignores the fact that rape is not only an offence involving physical violence, but also psychological violence. This too when existing laws recognize mental agony and psychological violence as offences against the body. The victim of rape besides being physically ravished is psychologically wounded. It is the feeling of having been exploited and violated more that anything else which leaves lifelong scars on the mind of the victim. Perhaps this trauma has been recognized in a case where it was held that the absence of injuries on private parts of the prosecutrix would not rule out her being subjected to rape 1. Krishna Iyer. J. who is famous for his humanistic approach towards law, observed in Rafiq Vs. State of U.P. (1980) 4 SCC 262:
Allahabad High Court Cites 69 - Cited by 0 - S K Singh-I - Full Document

Priya Sharan Maharaj Alias Yadavendra ... vs State Of Maharashtra on 6 February, 1995

37. The case relied upon by the Counsel for State, Rafiq v. State of U.P. cited (1980 Cri LJ 1344) (SC) (supra), is not appplicable at all because the facts of that case and the case in hand are altogether different. In the case which was before their Lordships, the prosecutrix Draupadi was a middle aged Bal Sewika in village welfare organization. Rafiz and three others committed rape on her between the night of 22nd and 23rd August, 1971 while she was sleeping in a girls school. Next morning the victim related the incident to the Mukhiya Sewaka of the village. A report was made to the Police Station of August 23, 1971 at mid-day. Investigation followed. Although some of the witnesses, tell-tale fashion shifted their loyalty and batrayed the prosecution case, the trial Court entered a finding of guilt against the appellant, giving the benefit of doubt to the other three obscurely.
Bombay High Court Cites 62 - Cited by 7 - Full Document

Guddoo vs State Of U.P. on 22 August, 2017

Courts used to take the position that if there was no proof of physical assault there would be no rape. The presumption that if no physical injury is evident on the victim, no sexual intercourse has taken place or rape has not been committed, ignores the fact that rape is not only an offence involving physical violence, but also psychological violence. This too when existing laws recognize mental agony and psychological violence as offences against the body. The victim of rape besides being physically ravished is psychologically wounded. It is the feeling of having been exploited and violated more that anything else which leaves lifelong scars on the mind of the victim. Perhaps this trauma has been recognized in a case where it was held that the absence of injuries on private parts of the prosecutrix would not rule out her being subjected to rape 1. Krishna Iyer. J. who is famous for his humanistic approach towards law, observed in Rafiq Vs. State of U.P. (1980) 4 SCC 262:
Allahabad High Court Cites 95 - Cited by 0 - S K Singh-I - Full Document

Barun Duley And Anr. vs State Of West Bengal on 11 September, 2003

16. The argument that there was no injury on her person particularly on back which shows that her evidence is false, is also not acceptable to us. It is settled that absence of corroborative evidence or absence of injuries on person of victim is not fatal in each case. The Supreme Court in the case of Rafiq v. State of U.P., reported in 1980 Cr. L.J. 1344, held that absence of corroborative evidence or absence of injuries on person of victim is not fatal in each case.
Calcutta High Court Cites 13 - Cited by 1 - Full Document
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