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Posts Tagged ‘evidence’

Court serves notice to woman for false evidence TOI

Posted by iluvshrutiverma on December 15, 2009

CHANDIGARH: Backtracking on dowry allegations in court proved costly for a woman as she got entangled in her own web of lies, following which, a show-cause notice was served to her for giving false evidence.

According to information, the Sector-25 based woman had levelled dowry charges against her 27-year-old husband, a resident of Sector 51, in May 2007.

In her police complaint, the woman alleged that soon after she got married, her husband started misbehaving and using derogatory language with her for bringing insufficient dowry.

She also alleged that she was thrashed and locked up in rooms on several occasions.

Subsequently, a case under sections 406 (punishment for criminal breach of trust) and 498-A (husband or relative of a husband of a woman subjecting her to cruelty) of the IPC was registered against her husband on July 5, 2007.

However, the case took a new turn when during the court hearing on Monday, the complainant outright denied that she was harassed or maltreated by her husband or her in-laws.

The woman went on to state that a ‘misunderstanding’ had cropped up between the couple, due to which her relations turned sour with the in-laws, resulting in the two getting divorced.

Much to the surprise of the jury, the woman’s parents also supported her statement and denied that she was never maltreated or harassed by her husband and his family.

Shocked at the turn of events, the prosecution declared the complainant hostile, while the judicial magistrate questioned her why she shouldn’t be punished for giving false evidence in the court?

The magistrate in his judgment stated, “The complainant deliberately suppressed the truth and made afalse statement knowing it could be used in the court proceedings. This clearly amounts to perjury.”

He further said, “The complainant should be tried for giving false evidence in legal proceedings. A show-cause notice must be served to her under Section 344 of the CrPC, wherein she must explain why she should not be punished. Separate proceedings must be also initiated against her.”

Meanwhile, the court acquitted the woman’s husband by giving him the benefit of doubt.

http://timesofindia .indiatimes. com/city/ chandigarh/ Court-serves- notice-to- woman-for- false-evidence/ articleshow/ 5337893.cms

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A cop all over, cooks up evidence

Posted by iluvshrutiverma on November 21, 2009

Read about how police cooks evidence in false dowry harassment cases

http://www.deccanchronicle.com/bengaluru/cop-all-over-cooks-evidence-240

Bengaluru, Nov. 20: When a city police inspector claims that he was in two different places at a given time on the same day, something seems to have gone terribly wrong.

The officer is A. Manjunath, currently serving as police inspector with city special branch. He was inspector at Yeshwanthpur police station when the incident happened in 2007.

According to the station diary, Manjunath was at the station and with an accused, writing a panchnama at the same time. On another day, he claims he was busy recording the statement of five witnesses, while his official papers say he was on leave, sanctioned by none other than his DGP!

The police also seems to have duped the court by submitting a dead man’s witness statement, which made the court even issue summons asking the deceased to be present for the hearing.

Mr R. Kumar (name changed) was accused of dowry harassment by his wife who visited the station on July 26, 2007. “She filed a complaint at 1.45 pm. Inspector Manjunath claims he visited my residence between 2 pm and four pm on the same day for panchanama. But his station diary shows he was present in the station till 4 pm”, claimed Kumar.

Again, Manjunath claims that he recorded the statements of five witnesses on July 30, 2007 including one of a doctor. “But his office files say he was in Mysore after getting two days’ leave, sanctioned by his DGP,” said Kumar.

More intriguing is the fact that one of the witnesses had died the previous day on July 29, after he spent more than 10 hours in coma. So how did the inspector took his statement?

According to R. Kumar, the trouble begun soon after his wife filed the dowry harassment complaint. “Just one month after our marriage, I realised that my wife was suffering from a sexually transmitted disease. On questioning her, she admitted to a premarital affair with another man” he said.

Later, she returned to her parents after a gynaecologist advised her treatment. “We mutually decided to go for a divorce and approached the family court in 2005. But I was shocked when she filed a dowry harassment complaint against me” said 32-year-old Kumar, a private company employee.

He also alleged that Manjunath not only detained him illegally for a day, but pestered him to shell out money to ‘settle the issue’.

“Dejected over the false allegations, my 62-year-old father attempted suicide by consuming poison. Instead of showing some mercy, the Yeshwanthapur police even threatened to arrest me”, says Kumar, who later approached Lokayukta with all the documents, which he obtained with the help of RTI. According to Kumar, Lokayukta asked the police officer about obtaining a dead man’s statement on which Manjunath claimed he took his statement on July 29, 2007, hours before he died. “Again his office records say he was on bundobust duty following a strike by KSRTC employees” said Kumar.

The investigating police officials have erred right from the FIR to the witness statement” claimed Kumar.

When contacted, Manjunath said the confusion over the date was because of a technical and manual error. “The computer operator wrongly entered the date as July 30 instead of July 29. In a hurry, I signed a letter dated July 30,” he said. He however refused to comment further on the issue.

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Women not required to produce evidence

Posted by iluvshrutiverma on November 15, 2009

In keeping up with the sexist attitude of the country, the Delhi court has ruled that – Asking a girl for evidence is insulting her.

The basic principal on which the whole Indian society is based – Women never lie.

http://timesofindia.indiatimes.com/india/Rape-victims-testimony-sufficient-to-convict-accused-Court/articleshow/5232053.cms

NEW DELHI: A Delhi court has said the testimony of a rape victim is “sufficient” enough to convict the accused and asking her to corroborate her

version by producing more witnesses will be insulting.
“The statement of the prosecutrix alone is sufficient and needs no corroboration. The conviction can be founded alone unless there are compelling reasons.
“In my opinion, it would be adding insult to tell a female that her story of woes would not be believed unless it is corroborated in material particulars in the case,” District and Sessions Judge P S Teji, quoting various judgements of the Supreme Court, said.
The court’s observation came while awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour.
It trashed the plea of convict that he was implicated by the girl and her family members as no independent witness was examined against him by the prosecution.
“In the traditional non-permissive bounds of India, no girl or woman would falsely implicate somebody for ravishing her chastity by sacrificing and jeopardising her future prospects,” it said, lending credence to testimonies of the victim and her parents.
It also imposed a fine of Rs 10,000 on convict, who raped the minor on the night of May 31, 2006 after taking her to a secluded place.

NEW DELHI: A Delhi court has said the testimony of a rape victim is “sufficient” enough to convict the accused and asking her to corroborate her
version by producing more witnesses will be insulting.
“The statement of the prosecutrix alone is sufficient and needs no corroboration. The conviction can be founded alone unless there are compelling reasons.
“In my opinion, it would be adding insult to tell a female that her story of woes would not be believed unless it is corroborated in material particulars in the case,” District and Sessions Judge P S Teji, quoting various judgements of the Supreme Court, said.
The court’s observation came while awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour.
It trashed the plea of convict that he was implicated by the girl and her family members as no independent witness was examined against him by the prosecution.
“In the traditional non-permissive bounds of India, no girl or woman would falsely implicate somebody for ravishing her chastity by sacrificing and jeopardising her future prospects,” it said, lending credence to testimonies of the victim and her parents.
It also imposed a fine of Rs 10,000 on convict, who raped the minor on the night of May 31, 2006 after taking her to a secluded place.

 

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Women can never lie

Posted by iluvshrutiverma on November 4, 2009

Indian women are great. Only Indian men are bad. Here The Honorable Supreme Court is saying that a woman’s saying is itself an evidence enough to punish a man. India is great.

http://www.expressindia.com/news/fullstory.php?newsid=67832

Courts can convict a rape accused on the basis of the sole evidence given by a victim unless her testimony is proved to be infirm and not trustworthy, the Supreme Court has ruled.

“If the totality of circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence,” a bench of Justice Arijit Pasayat and Justice S H Kapadia said.

“It is a settled law that the victim of sexual assault is not treated as accomplice and as such, her evidence does not require corroboration from any other evidence including the evidence of a doctor. In a given case even if the doctor who examined the victim does not find sign of rape, it is no ground to disbelieve the sole testimony of the prosecutrix,” it said.

The court took into account the fact that “the Indian women have tendency to conceal such offence because it involves her prestige as well as prestige of her family. Only in few cases, the victim girl or the family members have the courage to go before the police station and lodge a case.”

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