Thursday, May 30, 2013

Woman's testimony enough to nail accused in molestation case:HC, Will courts be nailed on innocent victims' testimony on miscarriage of judgements ?

courts have been quick to point out the just the woman's testimony and nothing else is needed to nail offenders in molestation cases

but what about miscarriage of justice at lower courts ?

HC regularly castigates lower courts for miscarriage or judtice

We all know that justice delayed is justice denied, still with lakhs of cases pending the courts can go on LONG summer holidays , MUCH LONGER than what other governmental departments get

why is this one sided , illogical thinking ?

CAN'T women file FALSE cases ??

why are all the laws on evidence , why are the maxims "innocent until proven guilt" created and all the forensics and all the video cameras created IF just the woman's evidence is sufficient ??

Woman's testimony enough to nail accused in molestation case: HC

Tuesday, May 28, 2013, 8:00 IST | Place: Mumbai | Agency: DNA

As such incidents happen behind closed doors, there can't be witnesses, it says.

The testimony of a woman whose modesty has been outraged is sufficient in the case as such incidents occur behind closed doors and there can't be independent witnesses, observed the Bombay high court on Monday while upholding the sentence of one Tanaji Shinde.

Justice Roshan Dalvi was hearing an appeal filed by Shinde, challenging his conviction by a magistrate, which was also confirmed by the sessions court in Solapur.

According to the prosecution, on October 26, 2004, Shinde entered had the victm's house at noon and molested her. When she tried to shout for help, he had gagged her, contended the prosecution.

After Shinde left the house, the victim went to lodge a complaint, but Shinde and three of his friends had stopped her outside her house and allegedly threatened her. It was only after her husband returned home in the evening did they go to lodge a FIR.

The defence advocate tried to show that the victim stayed in a crowded locality and her house was surrounded by several other houses. The high court, however, shot down that argument observing, "There are many houses and many people living near the house of the complainant (victim). That is the usual topography of any village, town or city in India. That doesn't mean that no offence of the kind alleged by the complainant can take place in a crowded locality."

The judge further observed that in such an incident, which takes place behind closed doors, there cannot be any independent witness. "The incident transpired in her home. She was alone. She alone could depose. Hence, that evidence is natural and acceptable without corroboration."

The high court also noted that the accused had overpowered and gagged the victim when she tried to shout.

Even during cross-examination, the victim stood her ground and gave a detailed account of the incident.

On October 10, 2008, the magistrate had convicted Shinde for outraging the victim's modesty. On September 14, 2012, the sessions court had confirmed the conviction. The lower courts had, however, acquitted Shinde and his friends of the charge of threatening the victim outside her house when she was going to lodge a complaint.