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1 - 10 of 23 (0.23 seconds)Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
The Protection of Children from Sexual Offences Act, 2012
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Rajasthan vs Om Prakash Sharma on 21 July, 2008
Similarly, in State of Rajasthan v. Om
Prakash reported as (2002) 5 SCC 745 while reversing the
decision the High Court and upholding the conviction of the
appellant, the Court held:--
The State Of Punjab vs Gurmit Singh & Ors on 16 January, 1996
In State of
Punjab v. Gurmit Singh reported as (1996) 2 SCC
384, referring to State of
Maharashtra v. Chandraprakash Kewalchand
Jain reported as (1990) 1 SCC 550 this Court held
that it must not be overlooked that a woman or a girl
subjected to sexual assault is not an accomplice to
the crime but is a victim of another person's lust and
CRL.A. 333/2020 Page 9 of 14
it is improper and undesirable to test her evidence
with a certain amount of suspicion, treating her as if
she were an accomplice. It has also been observed
in the said decision by Dr. Justice A.S. Anand (as
His Lordship then was), speaking for the Court that
the inherent bashfulness of the females and the
tendency to conceal outrage of sexual aggression
are factors which the courts should not overlook.
State Of Maharashtra vs Deepchand Khushalchand Jain And Others on 22 November, 1982
In State of
Punjab v. Gurmit Singh reported as (1996) 2 SCC
384, referring to State of
Maharashtra v. Chandraprakash Kewalchand
Jain reported as (1990) 1 SCC 550 this Court held
that it must not be overlooked that a woman or a girl
subjected to sexual assault is not an accomplice to
the crime but is a victim of another person's lust and
CRL.A. 333/2020 Page 9 of 14
it is improper and undesirable to test her evidence
with a certain amount of suspicion, treating her as if
she were an accomplice. It has also been observed
in the said decision by Dr. Justice A.S. Anand (as
His Lordship then was), speaking for the Court that
the inherent bashfulness of the females and the
tendency to conceal outrage of sexual aggression
are factors which the courts should not overlook.
State Of Himachal Pradesh vs Gian Chand on 1 May, 2001
In State of H.P. v. Gian Chand reported
as (2001) 6 SCC 71 Justice Lahoti speaking for the
Bench observed that the court has first to assess the
trustworthy intention of the evidence adduced and
available on record. If the court finds the evidence
adduced worthy of being relied on, then the
testimony has to be accepted and acted on though
there may be other witnesses available who could
have been examined but were not examined.
State Of Himachal Pradesh vs Sanjay Kumar Alias Sunny on 15 December, 2016
18. Similarly, in State of H.P. v. Sanjay Kumar reported
as (2017) 2 SCC 51, while relying on the testimony of a child
witness to restore the conviction, the following observations
were made:--
Bhupinder Sharma vs State Of Himachal Pradesh on 16 October, 2003
Seeking corroboration to a statement before relying
upon the same as a rule, in such cases, would
literally amount to adding insult to injury. The
deposition of the prosecutrix has, thus, to be taken
as a whole. Needless to reiterate that the victim of
rape is not an accomplice and her evidence can be
acted upon without corroboration. She stands at a
higher pedestal than an injured witness does. If the
court finds it difficult to accept her version, it may
seek corroboration from some evidence which lends
assurance to her version. To insist on corroboration,
except in the rarest of rare cases, is to equate one
who is a victim of the lust of another with an
accomplice to a crime and thereby insult
womanhood. It would be adding insult to injury to
tell a woman that her claim of rape will not be
believed unless it is corroborated in material
particulars, as in the case of an accomplice to a
crime. Why should the evidence of the girl or the
woman who complains of rape or sexual molestation
be viewed with the aid of spectacles fitted with
lenses tinged with doubt, disbelief or suspicion? The
plea about lack of corroboration has no substance
(See Bhupinder Sharma v. State of
H.P). Notwithstanding this legal position, in the
instant case, we even find enough corroborative
material as well, which is discussed hereinabove."