How to appreciate evidence of woman who is in habit of implicating all the persons by making wild allegations in the nature of rape?

 In our considered opinion, the prosecution has failed to prove the case of rape alleged against the Appellant at the instance of the complainant (PW-3). This we say for the following reasons:

11. First, the complainant was not examined by the Doctor after the alleged incident. Second, in absence of any medical examination done, the prosecution did not examine any doctor in the trial in support of their case; Third, it was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such complaints were later found false; Fourth, it was also not disputed that there was enmity between the Appellant and the husband of the prosecutrix, due to which their relations were not cordial; Fifth, it had also come in evidence that the prosecutrix was in habit of implicating all the persons by making wild allegations of such nature against those with whom she or/and her husband were having any kind of disputes; Sixth, there was no eye witness to the alleged incident and the one, who was cited as witness, i.e., PW-2 was a chance witness on whose testimony, a charge of rape could not be established; and lastly, so far as PW-1, husband of the complainant, is concerned, he admitted that he was away and returned to village the next day morning of the incident.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 526 of 2019 

Decided On: 26.03.2019

Ganga Prasad Mahto  Vs.  State of Bihar and Ors.

Hon'ble Judges/Coram:

Abhay Manohar Sapre and Dinesh Maheshwari, JJ.

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How to appreciate evidence of pardanashin lady?

The trial court wrongly held that being a pardanashin lady she might not have seen the appellant and hence her alleged identification cannot be relied upon. The face of a pardanashin lady cannot be seen by others, but she can see everybody.No infirmity in her identifying  the accused persons.

Supreme Court of India

Ashok Rai vs State Of U.P. & Ors on 15 April, 2014

Bench: Ranjana Prakash Desai, Madan B. Lokur

NON-REPORTABLE

Citation;2014(2)crimes 155 SC,2014 (85) ALLCC 625, 2014(2)RCR(Criminal)536, 2014(5)SCALE73

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How to appreciate evidence in case of sexual harassment?

True, sexual harassment, in any form, at workplace must be viewed seriously and culprits should not be allowed to escape from the clutches of law since, to narrate in the words of Dr.Justice A.S.Anand, former Chief Justice of India, 'it humiliates and frustrates a victim of crime when the offender goes unpunished or is let off with a relatively minor punishment as the present system pays no attention to his injured feelings. Imposition of appropriate punishment on the criminal is the response of the courts to the society's cry for justice.'

26. But, at the same time, it should be kept in mind that a charge of this nature is very easy to make and is very difficult to rebut. When a plea is taken of false implication for extraneous reasons, Courts have a duty to make deeper scrutiny of the evidence and decide the acceptability or otherwise of the accusations. Every care has to be taken to separate chaff from the grain. The veracity and genuineness of the complaint should be scrutinised to prevent any misuse of such laudable laws enunciated for the upliftment of the society and for equal rights of people without gender discrimination, by anybody under the garb of 'sexual harassment', lest the justice rendering system would become a mockery.

Madras High Court

G. Pushkala vs High Court Of Judicature on 20 June, 2007

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Appreciation of Evidence of Woman Witness

In certain cases as e.g., in the cases of sexual offences against women, statements made to third parties are in some circumstances admissible. But the careful limits placed upon the admissiblity of such statements is evidence of the jealousy with which their admission is regarded. They must be complaints, made voluntarily and at the earliest convenient moment, and even then they are received not as evidence or corroboration of the facts complained of, but as evidence of the credibility of the complainant's testimony to the fact alleged, and where1 consent is a defence, to negative consent. They are inadmissible in any other class of case.

Patna High Court

Narain Singh vs State Of Bihar on 2 September, 1960

Equivalent citations: 1961 CriLJ 137

Author: S Singh

Bench: S Singh

JUDGMENT
S.N.P. Singh, J.
1. The appellant, Narain Singh, has been convicted under Section 376 of the Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for seven years thereunder.
2. The facts of the case, which lie within a narrow compass, are these : It is said that, on the 21st of March, 1958, at about 4 a. m. appellant Narain Singh came to the house of Keshri Kaharin P. W. 1 and asked her and her daughter, Kari Kaharin, to harvest rabbi crops from his fields. As P. W. 1 Keshri Kaharin was not well at that time, she asked her daughter, Kari, to accompany the appellant for the purpose of harvesting the rabbi crops. Thereupon, Kari took one hasua and went with the appellant.

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