Latest news with #IndianEvidenceAct
Time of India
27-05-2025
- Time of India
Police unlikely to appeal SC acquittal in '14 rape-murder
Mumbai: Mumbai police are unlikely to file a review petition against Supreme Court's acquittal in Jan of Chandrabhan Sanap, who was convicted and sentenced to death for the rape and murder of a 23-year-old software engineer in 2014. SC had cited major procedural lapses and evidentiary shortcomings to overturn the conviction. Police officials said they were reviewing the order and would decide whether to move a review petition. Legal experts, however, said once SC acquits an accused, the case is considered closed and police, as an investigating agency, have no independent right to appeal. The SC ruling had dealt a significant blow to Mumbai police's crime branch, which had extensively investigated the case. Officials said they stand by their work but acknowledged that SC's decision is final and binding, leaving no room for further legal recourse by police themselves. The victim, a software engineer from Andhra Pradesh, went missing upon her arrival by train in the city in Jan 2014. Days later, her partially burnt and decomposed body was found near Eastern Express Highway. Police identified her through her ring, and the postmortem report revealed head trauma, smothering and rape. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Amazon CFD : La clave para un ingreso extra (Conoce más) Empezar ahora Registrarse Undo Sanap was arrested after police claimed to have recovered many of the victim's belongings, including a trolley bag and identity card, from him. The prosecution also relied heavily on CCTV footage from LTT and statements described as extrajudicial confessions. Holding that guilt must be proven beyond reasonable doubt, SC noted critical gaps in the case. These included the absence of a valid certificate for CCTV footage under Indian Evidence Act, rendering the footage inadmissible; inconsistencies in witness testimonies; and delays in securing key evidence. No forensic corroboration was provided for the alleged rape and there were unexplained gaps in the chain of custody for critical items used to link Sanap to the crime.
Time of India
18-05-2025
- Time of India
6-year-long MCOCA trial ends in acquittal of three accused in Rs 1.54 crore copper robbery case
A special MCOCA court in Thane acquitted three men accused of involvement in a 2018 copper robbery case, citing significant lapses in the investigation and procedural irregularities. THANE: After more than six years of legal proceedings, a special MCOCA court in Thane acquitted three men accused of being part of an organised crime syndicate allegedly involved in a high-profile copper robbery case from 2018. The accused — Wasim alias Rehan Ahmad Shaikh, Mohsin alias Rafik Ashraf Baloch, and Sarfraj Abdul Sattar Khan — were charged under multiple sections of the Indian Penal Code and the Maharashtra Control of Organised Crime Act (MCOCA), including dacoity, abduction, conspiracy, and destruction of evidence. The case, registered at Waliv Police Station, Palghar district, stemmed from an incident on the night of August 21, 2018, when six unidentified persons allegedly intercepted a trailer transporting 13 copper coils from Taloja (Navi Mumbai) to Rajasthan. The driver, Sahun Khan, and his assistant were allegedly abducted, assaulted, and later released. The trailer, loaded with goods worth over ₹1.54 crore, was reported missing. Despite invoking MCOCA due to the accused's alleged criminal backgrounds and prior records, the case gradually weakened during the trial. The court found serious lapses in investigation and procedural irregularities, including non-compliance with MCOCA rules in recording confessions and repeated failures by the police to secure the presence of key witnesses. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Perdagangkan CFD Emas dengan Broker Tepercaya IC Markets Mendaftar Undo In his detailed judgment, Special Judge Amit M. Shete observed that the prosecution, despite support from the special public prosecutor, could not present convincing evidence to link the accused directly with the alleged offence. He highlighted omissions in confessional statements, lack of credible identification by the informant, and procedural misuse of Section 27 of the Indian Evidence Act. The prosecution's failure to produce material witnesses — despite repeated court directives and reminders to the commissioner of police — ultimately led the court to close the evidence stage. With the benefit of doubt extended, the court acquitted all three accused and ordered their immediate release, if not wanted in any other case. The court also directed that the seized goods — including two trailers, a Hyundai car, a Swift vehicle, mobile phones, laptops, and the copperconsignment — be returned to their rightful owners, or disposed of as per law.
Time of India
09-05-2025
- Politics
- Time of India
New criminallaws make justiceaccessible: Experts
Lucknow: The new criminal laws represent a significant step towards a more modern, efficient and just legal system. The successful implementation of the new criminal laws will be crucial in realising their intended benefits and ensuring that justice is accessible to all was stated by law experts and educators during a two-day training programme on 'New criminal laws' for UP govt officers and law enforcing agencies. The event was organised by Ram Manohar Lohiya National Law University in collaboration with the Institute of Constitutional and Parliamentary Studies (ICPS), New Delhi, on Friday."The programme aimed to prepare govt officials for the new criminal laws — Bharatiya Nagarik Suraksha Sanhita , 2023, Bharatiya Nyaya Sanhita , 2023 and Bharatiya Sakshya Adhiniyam , 2023 which have been in effect since July 1, 2024 and replaced the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively," said RMLNLU spokesperson Shashank a session on 'different kinds of offences and new penal provisions', former chairperson of the Delhi Judicial Academy Prof B T Kaul highlighted the concept of criminal justice . The session highlighted the fundamentals of criminal a session on 'General principles of criminal liability', RMLNLU Associate Professor K A Pandey discussed the comprehensive legal framework governing the principles of relevancy and admissibility of evidence in both civil and criminal proceedings along with a comparative overview of the provisions of the Indian Evidence Act, 1872 and Bhartiya Sakshya Adhiniyam, 2023.
The Hindu
09-05-2025
- The Hindu
Bombay HC upholds gangrape conviction, throws out past sexual relationship defense
The Nagpur Bench of the Bombay High Court has condemned the attempts to shame a gangrape survivor and reaffirmed that a woman's past intimate relationships with a man does not amount to a perpetual consent for sexual relationships. 'Forced intercourse with someone she had a past relationship with is still rape,' the court said. A Division Bench of Justices Nitin B. Suryawanshi and M.W. Chandwani upheld the conviction of three men in a 2014 gang-rape and assault case by Wasim Khan, Kadir Sheikh and a juvenile in conflict with law, for gang-raping a woman. The convicts in their appeal said the woman once had intimacy with one of the accused in the past but later got into a live-in relationship with another man. On November 5, 2014, the three barged into her house, assaulted her and her live-in partner, and abducted her to a nearby deserted area where they raped her and filmed the act on their mobile phone. 'A woman who says 'NO' means 'NO'. There exists no further ambiguity and there could be no presumption of consent based on a woman's so called 'immoral activities'. A woman who consents to sexual activities with a man at a particular instance does not ipso facto give consent to sexual activity with the same man at all other instances. A woman's character or morals are not related to the number of sexual partners she has had in wake of Section 53A of the Indian Evidence Act,' the Bench observed. Wasim and Kadir were convicted under Sections 376D (gang rape), 307 (attempt to murder), 366 (abduction), 394 (robbery), and other provisions of the IPC, along with relevant sections of the Information Technology Act. They were sentenced to life imprisonment by the trial court. The court refused to quash the conviction of the accused, 'Rape is the most morally and physically reprehensible crime in society, as it is an assault on the body, mind and privacy of the victim. Rape objectifies a woman and thereby shakes the very core of her life. Sexual intercourse on one hand gives pleasure to the participants including a woman but if it is done without the consent of the woman, it is an assault on her body, mind and privacy.' In a detailed judgement made available on May 8, the court rejected the defence's contention that the prosecutrix had a prior relationship with one of the accused, and that her conduct suggested voluntary participation. 'No doubt, the prosecutrix was an estranged wife and without getting divorced from her husband, she was residing with Dinesh. Even from her evidence, this material was brought in her cross-examination to suggest that she had an intimate relationship with Wasim before she started residing with Dinesh in a live-in-relationship inspite of the fact that her previous marriage was subsisting. Even then, a person cannot force a woman to have intercourse with him without her consent,' the court said in the order. The Bench however, reduced the sentence of the convicts from life imprisonment to 20 years rigorous imprisonment and the sentence under attempt to murder was reduced from life imprisonment to 10 years in rigorous imprisonment.
Time of India
08-05-2025
- Time of India
No Means No: HC Affirms Sexual Act Without Woman's Nod Is Rape
Nagpur: In a powerful reaffirmation of a woman's right to bodily autonomy , the Nagpur bench of Bombay High Court ruled that once a woman refuses to engage in sexual activity, any act thereafter amounts to rape, irrespective of her past relationship with the accused or her perceived morality. "A woman who says 'No' means 'No'. There exists no further ambiguity. It is an offence if sexual intercourse is done without the consent of a woman," stated the division bench of Justice Nitin Suryawanshi and Mahendra Chandwani, while upholding the conviction of three men in the 2014 gang rape in court was hearing appeals filed by Wasim Khan, Sheikh Kadir, and a juvenile, all sentenced to life imprisonment for gang rape, attempt to murder, criminal intimidation, and offences under the Information Technology Act. The woman was abducted, sexually assaulted at multiple locations, and left judges rejected arguments based on the woman's prior intimacy with Wasim, her live-in relationship with another man, and her marital status. "Even if she was in an intimate relationship with Wasim before entering into a live-in relationship, a person cannot force a woman to have intercourse without her consent," the court noted. "Her morals or her past do not negate her right to say No."Citing Section 375 of Indian Penal Code and Section 53A of Indian Evidence Act, the court underscored that a woman's character or number of sexual partners she had are legally irrelevant in assessing consent. "Sexual intercourse, when consensual, may give pleasure to both. But if it is done without consent, it is an assault on her body, mind, and privacy," the bench rape as "the ravishment of a woman without her consent by force, fear or fraud," the judges said the crime is not merely physical, but deeply invasive & dehumanising. "It objectifies a woman & shakes the core of her being," they court also addressed the evidentiary concerns raised by the defence. Though the tape containing videos of the crime lacked Section 65B certificate (which authenticates electronic records), the judges ruled this was not fatal to the prosecution, given the overall consistency of the survivor's testimony and corroborating evidence. They emphasised that rape can be established even without physical injuries or presence of the Chandrapur sessions court judgment, the High Court concluded that consent cannot be implied, presumed, or overridden. "A woman's right to refuse is absolute. Her dignity & autonomy must be respected in every circumstance," the court said.
