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False allegation of rape can cause the same humiliation and distress to an accused which a rape victim undergoes, the Delhi High Court has said and highlighted the need to guard against such implication. "It is true that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication," Justice S P Garg said while letting off a man accused of rape. Allowing the plea of Surender Kumar, sentenced to seven- year imprisonment by a trial court for allegedly raping his sister-in-law, the court said, "In the present case, the story projected by the prosecutrix is so improbable that it cannot be believed." The judge took note of the fact that the woman had taken 42 days in lodging the FIR against Kumar and also did not get herself medically examined. "The...

The last ingredient is based upon the commission of offence under Section 498A IPC and while committing the offence under Section 498A IPC, if it connects with the death, then it would be an offence punishable under Section 304B IPC. The prosecution has failed miserably to establish beyond reasonable doubt that any cruelty or harassment was meted out to the deceased by the appellant, let alone soon before her death. The testimony of above mentioned prosecution witnesses to the effect that TV or fridge was demanded per se does not establish the cruelty and harassment towards the deceased. Evidently, the death of the deceased had taken place on 02.08.1987 i.e. within one year of marriage. The prosecution has failed to establish that after the marriage of the deceased, there were circumstances of harassment or cruelty that took place on account of demand of dowry which could connect with the death of the deceased. The argument advanced by the learned APP for the State is that Sect...

Office copy of declaration to be prima facie evidence. The Managing Editor, Resident Editor or Chief Editor of a newspaper are not immune from prosecution for libellous matter published in the news-paper. Under Section 7 of The Press and Registration of Books Act 1867, there is a presumption that the Editor whose name is printed in the newspaper as Editor shall be held to be the Editor in any civil or criminal proceedings in respect of that publication and the production of a  copy of the newspaper containing his name printed thereon as Editor shall be deemed to be sufficient evidence to prove that fact, and as the 'Editor' has been defined as the person who controls the selection of the matter that is published in a newspaper, the presumption would go to the extent of holding  that he was the person who controlled the selection of the matter that was published in the newspaper. Case: Citation: K.M. Mathew Vs. K.A. Abraham. AIR 2002 SC 2989: 2002 AIR SCW 3500. ...

Let us look into some common cyber-crime scenarios which can attract prosecution as per the penalties and offences prescribed in IT Act 2000 (amended via 2008) Act. A) Harassment via fake public profile on social networking site : A fake profile of a person is created on a social networking site with the correct address, residential information or contact details but he/she is labelled as ‘prostitute’ or a person of ‘loose character’. This leads to harassment of the victim. Provisions Applicable: Sections 66A, 67 of IT Act and Section 509 of the Indian Penal Code. B) Online Hate Community: Online hate community is created inciting a religious group to act or pass objectionable remarks against a country, national figures etc. Provisions Applicable: Section 66A of IT Act and 153A & 153B of the Indian Penal Code. C) Email Account Hacking: If victim’s email account is hacked and obscene emails are sent to people in victim’s address book. Provisions Applicable : Sect...

Question: What is the procedure for filing an application under Section 156(3) of Criminal Procedure Code before the Magistrate to direct the police to conduct investigation in an offence under Section 420 IPC (Cheating case)? Answer: The offence of cheating under Section 420 IPC is a cognizable offence. Therefore, the police has the power to directly register the FIR under Section 154 Cr.P.C. without orders of the magistrate. In view of this, you should first approach the concerned police station with your complaint under Section 420 IPC. However, if the police station refuses to register the FIR, then you may also approach the Superintendent of Police of the district requesting him to direct an investigation under the provisions of Section 154(3) Cr.P.C., as shown below: CODE OF CONDUCT FOR JUDGES “(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance ...

Consent The court was hearing the bail applications filed by a Pune resident accused of having gang-raped one of his colleagues with the help of two of his other friends. The Bombay high court held that “a woman, when intoxicated is incapable of giving a free and conscious consent to a sexual relationship.” The court has held that in such a circumstance, even if the woman consents to a sexual relationship, it will not be considered valid or as an “excuse for committing rape.” The court said in the case of rape, when a woman says “No” to sexual intercourse even once, it must signify she is unwilling. Similarly, when she says “yes, this yes must be free and unambiguous” for the incident to not amount as rape. “Not every ‘Yes’ is covered as valid consent defined under section 375 of the Indian Penal Code. The term ‘without a woman’s consent’ has a wider meaning and covers a broader area of her wish to have sexual intercourse,” said justice Mridula Bhatkar, adding tha...

Exposing corruption in Judiciary is duty of every Citizen of India as per Art. 51(A)h of the Constitution If you want to see the Judgment - (2010) 8 SCC 281 Exposing corruption in Judiciary is Duty of every citizen as per Art. 51 - A (h) of Constitution of India - The association by filing  a Contempt petition committed illegality - the petition is dismissed. For filing a frivolous contempt petition, the petitioner is saddled with cost of Rs.2,00,000/-, of which Rs.1,00,000/- shall be deposited with the Supreme Court Legal Services Committee and Rs.1,00,000/- shall be paid to the respondent- In administration of justice and judges are open to public criticism and public scrutiny. A whistleblower is a person who raises a concern about wrongdoing occurring in an organization or body of people. Usually this person would be from that same organization  Judges have their accountability to the society and their accountability must be judged by their conscience and ...