Search Results Page
Search Results
1 - 10 of 16 (3.87 seconds)The Indian Penal Code, 1860
The Indian Evidence Act, 1872
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 354A in The Indian Penal Code, 1860 [Entire Act]
Section 7 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Vijay @ Chinee vs State Of M.P on 27 July, 2010
In Vijay v. State of M.P. [(2010) 8 SCC 191 : (2010) 3 SCC
(Cri) 639] , decided recently, this Court referred to the above two
decisions of this Court in Chandraprakash Kewalchand
Jain [(1990) 1 SCC 550 : 1990 SCC (Cri) 210] and Gurmit
Singh [(1996) 2 SCC 384 : 1996 SCC (Cri) 316] and also few
other decisions and observed as follows: (Vijay case [(2010) 8
SCC 191 : (2010) 3 SCC (Cri) 639] , SCC p. 198, para 14)
Page 18 of 27
"14. Thus, the law that emerges on the issue is
to the effect that the statement of the
prosecutrix, if found to be worthy of credence
and reliable, requires no corroboration. The court
may convict the accused on the sole testimony of
the prosecutrix."
Section 5 in The Code of Criminal Procedure, 1973 [Entire Act]
Bharwada Bhoginbhai Hirjibhai vs State Of Gujarat on 24 May, 1983
28. This Court went on to observe at SCC pp. 225-26: (Bharwada
case [(1983) 3 SCC 217 : 1983 SCC (Cri) 728] , SCC para 10)
"10. Without the fear of making too wide a
statement, or of overstating the case, it can be
said that rarely will a girl or a woman in India
make false allegations of sexual assault on
account of any such factor as has been just
enlisted. The statement is generally true in the
context of the urban as also rural society. It is
also by and large true in the context of the
sophisticated, not so sophisticated, and
unsophisticated society. Only very rarely can one
conceivably come across an exception or two and
that too possibly from amongst the urban elites.
Because--(1) A girl or a woman in the tradition-
bound non-permissive society of India would be
extremely reluctant even to admit that any
incident which is likely to reflect on her chastity
had ever occurred.(2) She would be conscious of
the danger of being ostracised by the society or
being looked down by the society including by
her own family members, relatives, friends, and
neighbours.(3) She would have to brave the
whole world.(4) She would face the risk of losing
the love and respect of her own husband and
near relatives, and of her matrimonial home and
happiness being shattered.(5) If she is
unmarried, she would apprehend that it would be
difficult to secure an alliance with a suitable
Page 21 of 27
match from a respectable or an acceptable
family.(6) It would almost inevitably and almost
invariably result in mental torture and suffering
to herself.(7) The fear of being taunted by others
will always haunt her.(8) She would feel
extremely embarrassed in relating the incident to
others being overpowered by a feeling of shame
on account of the upbringing in a tradition-bound
society where by and large sex is taboo. (9) The
natural inclination would be to avoid giving
publicity to the incident lest the family name and
family honour is brought into controversy.(10)
The parents of an unmarried girl as also the
husband and members of the husband's family of
a married woman, would also more often than
not, want to avoid publicity on account of the
fear of social stigma on the family name and
family honour.(11) The fear of the victim herself
being considered to be promiscuous or in some
way responsible for the incident regardless of her
innocence.(12) The reluctance to face
interrogation by the investigating agency, to face
the court, to face the cross-examination by the
counsel for the culprit, and the risk of being
disbelieved, acts as a deterrent."