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2006 Supreme(SC) 483

ARIJIT PASAYAT, S.H.KAPADIA
OM PRAKASH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates who appeared in this case:
M.P. Shorawala, Advocate, for the Appellant;
R.K. Singh and Jatinder Kr. Bhatia, Advocates, for the Respondent.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves a conviction for the offence of rape under Section 376(2)(e) of the Indian Penal Code, with a specific focus on whether the accused knew the victim was pregnant (!) (!) .

  • The victim's evidence is considered credible and does not require corroboration, as victims of sexual offences are not treated as accomplices (!) (!) .

  • The court emphasizes the importance of examining the broader probabilities of the case rather than minor discrepancies in the victim's statement, especially in cases of sexual assault (!) (!) .

  • The restriction on disclosing the identity of the victim applies to judgments across courts, including the Supreme Court and High Courts, to prevent social victimization or ostracism (!) .

  • The prosecution must establish, with positive evidence, that the accused knew the victim was pregnant to invoke the enhanced punishment under Section 376(2)(e). Mere possibility or inference of knowledge is insufficient (!) (!) .

  • The evidence in this case did not conclusively prove that the accused knew of the victim's pregnancy; therefore, the court could not uphold the application of Section 376(2)(e) (!) (!) .

  • The original sentence of 10 years was reduced to 7 years, reflecting the court's finding that the prosecution failed to establish the accused’s knowledge of the victim’s pregnancy (!) .

  • The court discusses the importance of sensitivity and careful evaluation of evidence in sexual offence cases, recognizing the victim's position as a victim rather than an accomplice (!) (!) .

  • The case underscores that the victim's testimony alone can be sufficient for conviction if it inspires confidence and is consistent with the broader evidence, without requiring corroboration (!) (!) .

  • The legal provisions regarding the disclosure of the victim's identity are clarified, emphasizing that judgments should avoid naming victims to protect their social dignity (!) .

Please let me know if you need further elaboration or assistance with specific legal aspects.


Judgment

ARUIT PASAYAT, J.-

1. Leave granted.

2. The appellant calls in question legality of the judgment rendered by a f learned Single Judge of the Allahabad High Court, Lucknow Bench upholding the appellant's conviction for offence punishable under Section 376(2)(e) of the Penal Code, 1860 (in short "IPC") as recorded by learned VIth Additional Sessions Judge, Hardoi and the sentence of 10 years' imprisonment as awarded.

3. We do not propose to mention the name of the victim. Section 228-A I IPC makes disclosure of identity of victim of certain offences punishable. Printing or publishing name or any matter which may make known the identity of any person against whom an offence under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by the High Court or the Supreme Court. But keeping in view the social object of preventing social victimisation or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court, the High Court or the lower court, the name of the v
















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