A recent SC judgment Indian women will not lie about rape. That statement may have some reasonings behind it but it is difficult to imagine the need for this to be made in a judgment where there was no doubt about guilt of the accused and severity of the crime.Only problem is ... it's not true!http://insidekerala.com/n/index.php?mod=article&cat=MainNews&article=47284TVM: A 44- year old woman complained to the police that she had been kidnapped on her ways to the workplace and was raped on the road side. The police however took the statement with a frown and found that she had given false statement. The woman, a temporary worker in a govt. firm said that she was kidnapped while she was coming to the office. She also stated that she was robbed of her gold ornaments at knifepoint. She said … [Read more...] about Indian women will not lie about Rape…because Supreme Court says so
Supreme Court judgment which says Indian women will not lie about rape
The judgment is about a rape of a minor where appeal of accused was rightly denied. All the courts starting from sessions court, High court, and Supreme Court have examined the statements, evidences etc and they all point to the crime. Any sexual intercourse with girl less than 16 years old is automatically defined as Rape as per Sec 375, (5)But the disturbing part is the unnecessary statement in the judgment that an Indian woman will not lie about rape. I will cover that issue separately. Here is the full judgment below with the particular statement in bold.-------------------------------------------------------REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO.1798 OF 2008Wahid Khan …..AppellantVersusState of Madhya Pradesh …..RespondentJ U D G M … [Read more...] about Supreme Court judgment which says Indian women will not lie about rape
False rape allegation can lead to prosecution under Perjury
The headline says it all. It should be common sense, but common sense is something people not expect from Indian courts, because to take just one example -- common sense, and jurisprudence says that "justice delayed is justice denied"... we know the rest.Now the full SC judgment below. Read the sentences in bold if you cannot read it all:--------------------------------------------------------------------IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONSPECIAL LEAVE PETITION (CRL.) NOS. OF 2008 (CRIMINAL MISC. PETITIONNOS.8515-8516 OF 2008) Mahila Vinod Kumar i ..... PetitionerVersusState of Madhya Pradesh .....Respondent JUDGMENTDr. ARIJIT PASAYAT, J.1. Heard learned counsel for the petitioner.2. Delay condoned.3. Though, we are not inclined to entertain the special … [Read more...] about False rape allegation can lead to prosecution under Perjury
Threat of suicide can be ground for divorce under mental cruelty
http://timesofindia.indiatimes.com/india/Suicide-threats-amount-to-cruelty-can-be-a-divorce-ground-HC/articleshow/5404502.cmsMUMBAI: Repeated attempts to commit suicide as well the threats to commit suicide could amount to "cruelty", and it can very well be a ground for seeking divorce, the Bombay High Court has held.The family court in Pune granted divorce to Varsha and Prakash (both names changed) on the application made by Prakash in 2002, against which Varsha had filed appeal.Both had been living separately for the last seventeen years.Prakash's application for divorce was on the ground that his wife was temperamental, she frequently fought with him, and threatened to commit suicide.In her statement before the family court, Varsha admitted that she had, in fact, attempted suicide … [Read more...] about Threat of suicide can be ground for divorce under mental cruelty
Thrown out spouse can get divorce based on desertion under Hindu marriage act
Below Mumbai HC judgment explains the concept of constructive desertion on part of a spouse which can enable other spouse to get divorce on grounds of desertion as defined under Hindu marriage act (HMA) 1955.What constructive desertion in this case means is that if one spouse throws the other out of house, then the other spouse can get divorce on grounds of desertion by first spouse. Now, even though on the face of it, it seems as if second spouse was the one who has deserted the first. Easy to understand? This one is suited for legal minds! Below the full judgment:------------------------------------------------------------IN THE HIGH COURT OF JUDICATURE AT BOMBAYAPPELLATE SIDEFAMILY COURT APPEAL NO.204 OF 2007Mrs. X : AppellantVs.Mr. Y : Respondent...Mr. M. P. … [Read more...] about Thrown out spouse can get divorce based on desertion under Hindu marriage act
Justice S N Dhingra of Delhi HC explains litigants’ right to transfer application to another court
The below Delhi HC judgment also limits the powers of courts to haul up litigants under criminal contempt of court.------------------------------------------------------------IN THE HIGH COURT OF DELHI AT NEW DELHISUBJECT : CODE OF CRIMINAL PROCEDUREDate of Reserve: 2.9.2008Date of Order: 8.9.2008CCP (Ref) No. 9/2008Court On Its Own Motion ... PetitionerVersusSunil Seth and Ors. ... Respondents1. This reference for contempt has been placed before me forconsideration. Thereference was sent by MM Patiala House through District Judge wherein hehas prayedthat this Court, if deems fit, should take cognizance of criminalcontempt against therespondents Shri Sunil Seth, Smt. Kanchan Seth, Shri Surender Seth, Smt.Bindu Khannaand their Counsel Shri Rubinder Ghumman and Ms. Anu Mehta. The cause … [Read more...] about Justice S N Dhingra of Delhi HC explains litigants’ right to transfer application to another court