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1 - 10 of 13 (0.38 seconds)Section 6 in The Protection of Children from Sexual Offences Act, 2012 [Entire Act]
Section 376DA in The Indian Penal Code, 1860 [Entire Act]
Section 363 in The Indian Penal Code, 1860 [Entire Act]
Section 366A in The Indian Penal Code, 1860 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 389 in The Code of Criminal Procedure, 1973 [Entire Act]
Preet Pal Singh vs The State Of Uttar Pradesh on 14 August, 2020
18. The Hon'ble Apex Court in the case of Preet Pal Singh
vs. State of U.P., (2020) 8 SCC 645 has observed that there
is difference between grant of bail in case of pre-trial arrest
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and suspension of sentence, post- conviction. In the earlier
case, there may be presumption of innocence, which is a
fundamental postulate of criminal jurisprudence, and the
courts may be liberal, depending on the facts and
circumstances of the case, however, in case of post-conviction
bail, by suspension of operation of the sentence, there is a
finding of guilt and the question of presumption of innocence
does not arise. For ready reference the relevant paragraph of
the aforesaid judgment is being quoted as under:
Bharwada Bhoginbhai Hirjibhai vs State Of Gujarat on 24 May, 1983
28. It needs to refer herein that in the case of harwada
Bhoginbhai Hirjibhai v. State of Gujarat, (1983) 3 SCC
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217 the Hon'ble Apex Court has observed that on principle
the evidence of a victim of sexual assault stands on par with
evidence of an injured witness. Just as a witness who has
sustained an injury (which is not shown or believed to be self-
inflicted) is the best witness in the sense that he is least likely
to exculpate the real offender, the evidence of a victim of a
sex offence is entitled to great weight, absence of
corroboration notwithstanding. And while corroboration in
the form of eyewitness account of an independent witness
may often be forthcoming in physical assault cases, such
evidence cannot be expected in sex offences, having regard to
the very nature of the offence. It has further been observed
that in the Indian setting, refusal to act on the testimony of a
victim of sexual assault in the absence of corroboration as a
rule, is adding insult to injury. 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, for ready
reference the relevant paragraph of the aforesaid judgment is
being quoted as under:
Wahid Khan vs State Of M.P on 1 December, 2009
In the case of Wahid Khan v. State of M.P., (2010) 2
SCC 9, it was observed and held by the Hon'ble Apex Court
as under: