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A.P.SEN, M.P.THAKKAR
Bharwada Bhoginbhai Hirjibhai – Appellant
Versus
State of Gujarat – Respondent


JUDGMENT

Thakkar, J. - To say at the beginning what we cannot help saying at the end human goodness has limits-human depravity has none. The need of the hour however, is not exasperation.

2. The need of the hour is to mould and evolve the law so as to make it more sensitive and responsive to the demands of the time in order to resolve the basic problem: "Whether, when, and to what extent corroboration to the testimony of a victim of rape is essential to establish the charge". And the problem has special significance for the women in India, for while they have often been idolized, adored, and even worshipped, for ages they have also been exploited and denied even handed justice-Sixty crores anxious eyes of Indian women are therefore focused on this problem. And to that problem we will presently address ourselves.

3. The learned Sessions Judge Mehsana found the appellant, a Government servant employed in the Sachivalaya at Gandhinagar, guilty of serious charges of sexual mis-behaviour with two young girls (aged about 10 or 12) and convicted the appellant for the offence of rape, outraging the modesty of women, and wrongful confinement. The appeal carried to the High Court substantial

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