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Posts Tagged ‘supreme court’

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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Listen to whatever your wife says: SC tells husbands

Posted by iluvshrutiverma on May 19, 2009

Supreme Court of IndiaNew Delhi If you want to buy matrimonial peace just do whatever your wife says!

This is not some piece of advice from a marriage counsellor, rather it is from the country’s apex court.

A vacation bench of justices Markandeya Katju and Deepak Verma observed, “Bibi joh boltee hai woh sunno (listen to whatever your wife says), as otherwise it could land you in trouble. Because if you do not listen to her, you will suffer the consequences.”

Hum sab bhogi hai (we are all sufferers),” the bench said in a lighter vein.

The bench further said that a husband has to accept the suggestion of a wife irrespective of the fact whether it is sensible or not.

If your wife asks you to put your face that side, put it that side. If she says, put it this side, then put it this side. Otherwise you will face trouble.Hum sub bhogi hai,” the bench remarked again.

The interesting suggestions from the apex court evolved on Tuesday during a matrimonial case involving an Air Force official Deepak Kumar who complained that his estranged wife Manisha had ruined him and his family by implicating them in false criminal cases including sodomy.

The couple got married 17 years ago but matrimonial disputes surfaced between the two soon after marriage. A district court in Chandigarh dismissed Deepak’s plea for divorce as Manisha opposed it, but a single judge of the Punjab and Haryana High Court granted decree of judicial separation.

On an appeal from Manisha, a division bench granted the decree of divorce as the marriage “had irretrievably broken down” besides directing Rs 10 lakh maintenance amount from Deepak to her.

Aggrieved by the high court’s order Manisha filed the appeal in the apex court challenging the decree of divorce. Deepak’s counsel argued that Manisha even though had implicated her husband and his family in a host of criminal cases was yet opposing the divorce despite the marriage breaking down irretrievably.

The vacation bench however, posted the matter for further hearing to July last week as there was no urgency in dealing with the matter.

“You have waited for 17 years, so wait for a few more days,” the bench said while switching over to the next item on the agenda.

http://www.expressindia.com/latest-news/Listen-to-whatever-your-wife-says-SC-tells-husbands/462532/

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FIR filed 1 month after incident is too late: Supreme court

Posted by iluvshrutiverma on November 9, 2008

Convicting a person on basis of belated FIR dangerous: SC; New Delhi | Saturday, Nov 8 2008 IST

In a significant ruling, the Supreme court has held that it is unsafe to convict a person on the basis of an FIR lodged belatedly without explaining the delay. A bench comprising Justices C K Thakker and D K Jain upheld the judgement of the Andhra Pradesh High Court dated April 12, 2006, acquitting her husband in a case of dowry harassment.

The apex court observed, ”We are convinced that in the light of the overall evidence analysed by the High Court, the order of the acquittal of the respondent is well merited and does not call for interference, particularly when the FIR was lodged by the complainant more than one month after the alleged incident of forcible poisoning.” ”Time and again, the object and importance of prompt lodging of FIR has been highlighted. Delay in lodging the report more often than not, results in embellishment and exaggeration, which is a creature of an afterthought,” the apex court noted.

”A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of coloured version, exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serios doubt on its veracity,” it said. ”Therefore, it is essential that the delay in lodging the report should be satisfactorily explained,” the court added. In the present case, three members of in-laws’ family were acquiitted by the trial court but husband M Madhusudan Rao was sentenced to one-year imprisonment with a fine of Rs 8000. The High Court, however, acquitted the husband also. The SC dismised the appeal of the AP government.

http://news.webindia123.com/news/Articles/India/20081108/1099754.html

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