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1 - 10 of 27 (0.51 seconds)Section 118 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Narender Kumar vs State(N.C.T.Of Delhi) on 25 May, 2012
15. Reiterating its earlier view in Mohd. Iqbal v. State of Jharkhand,
(2013) 14 SCC 481; Narender Kumar v. State (NCT of Delhi), (2012) 7
SCC 171, the Apex Court in Mukesh v. State of Chhattisgarh, (2014) 10
SCC 327, has held that sole testimony of prosecutrix is sufficient to
establish commission of rape, even in the absence of any corroborative
evidence.
Mukesh vs State Of Chhattisgarh on 25 September, 2014
20. It is a settled principle of law that absence of injuries on the
external or internal parts of the victim by itself cannot be a reason to
disbelieve the testimony of the prosecutrix. (See: Mukesh v. State of
Chhattisgarh, (2014) 10 SC 327); State of Haryana v. Basti Ram,
(2013) 4 SCC 200; O.M. Baby (Dead) by Legal Representative v. State
of Keral, (2012) 11 SCC 362; and State of U.P. v. Chhotey Lal, (2011) 2
SCC 550).
O.M. Baby (Dead) By Legal ... vs State Of Kerala on 3 July, 2012
―33. It will be useful to refer to the judgment of this Court in
the case of O.M. Baby v. State of Kerala, (2012) 11 SCC 362, where
the Court observed:-
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Rajasthan vs Om Prakash on 3 May, 2002
It is necessary for the
courts to have a sensitive approach when dealing with cases of child
rape. The effect of such a crime on the mind of the child is likely to be
lifelong. A special safeguard has been provided for children in the
Constitution of India in Article 39. This is what stands laid down by
Hon'ble the Apex Court in State of Rajasthan versus Om Prakash,
(2002) 5 SCC 745.
Jai Narain Malik vs State (Govt. Of Nct Of Delhi) on 24 August, 2015
In Shyam Narain v. State (NCT of Delhi), (2013) 7 SCC 77, the
Apex Court held that the youthful excitement has no place. It should be
paramount in everyone's mind that, on one hand, the society as a
whole cannot preach from the pulpit about social, economic and political
equality of the sexes and, on the other, some pervert members of the
same society dehumanize the woman by attacking her body and ruining
her chastity. It is an assault on the individuality and inherent dignity of
a woman with the mindset that she should be elegantly servile to men.
Rape is a monstrous burial of her dignity in the darkness. It is a crime
against the holy body of a woman and the soul of the society and such
a crime is aggravated by the manner in which it has been committed.
We have emphasised on the manner because, in the present case, the
victim is an eight year old girl who possibly would be deprived of the
dreams of ―Spring of Life‖ and might be psychologically compelled to
remain in the ―Torment of Winter‖. When she suffers, the collective at
large also suffers. Such a singular crime creates an atmosphere of fear
which is historically abhorred by the society. It demands just
punishment from the court and to such a demand, the courts of law are
bound to respond within legal parameters. It is a demand for justice
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and the award of punishment has to be in consonance with the
legislative command and the discretion vested in the court.
Dattu Ramrao Sakhare And Ors vs State Of Maharashtra on 8 May, 1997
In Dattu Ramrao Sakhare v. State of Maharashtra, (1997 (5)
SCC 341), held that: (i) A child witness if found competent to depose to
the facts and reliable one such evidence could be the basis of
conviction. (ii) Even in the absence of oath the evidence of a child
witness can be considered under Section 118 of the Evidence Act
provided that such witness is able to understand the answers thereof.