AI Overview...
- Enmity Between Accused and Victim's Family - The presence or absence of enmity is a recurring factor influencing case outcomes. Several judgments highlight that enmity can lead to false implication, but its actual existence must be established. For instance, in Sonu VS State of Uttar Pradesh - Allahabad, the accused denied charges citing enmity as a motive for false implication, yet the court found guilt based on evidence. Conversely, in Md. Aftar Hussain @ Aftar Hussain S/o Md. Salimuddin vs State Of Assam - Gauhati and Ratul Bharali vs State Of Assam - Gauhati, no substantial enmity was proved, and witnesses were considered independent unless tainted by enmity. Similarly, Vanlalrawngbawla Kawnpui Vengthar VS State of Mizoram - Gauhati noted that the reliability of victim testimony did not depend on enmity but on corroborated evidence. Sahid Hossain Biswas VS State of West Bengal - Calcutta emphasized that the court considers enmity as a potential motive for false implication but must be substantiated.
- Evidence and Credibility - The courts rely heavily on victim identification, medical evidence, and consistency of testimony. In Abdulkhadar S/o Abdulgafar Tapal VS State Of Karnataka (Savanoor Police Station), R/By State Public Prosecutor - Karnataka, victim identification and medical proof established guilt, with no enmity suggested. Manoj Tyagi vs State (Govt. of NCT, Delhi) - Delhi confirmed that age was explicitly established and that variations in statements did not undermine credibility. Khogen Chetri VS State of Assam - Gauhati found guilt based on victim testimony and statutory presumptions, noting no motive for false implication.
- Impact of Enmity on Court Findings - While enmity can suggest motives for false implication, its absence does not automatically establish innocence. The courts focus on corroborative evidence, victim credibility, and absence of taint. In cases like Sonu VS State of Uttar Pradesh - Allahabad, enmity was part of the defense, but guilt was established through substantive evidence. In others, the lack of enmity was confirmed, strengthening the prosecution's case.
- Conclusion - The overall jurisprudence indicates that enmity between the accused and victim's family is a relevant factor but not a decisive one unless proven. Courts prioritize objective evidence and credibility over alleged motives like enmity, ensuring that false implication claims are critically examined but do not overshadow substantive proof.
References: Sonu VS State of Uttar Pradesh - Allahabad, Md. Aftar Hussain @ Aftar Hussain S/o Md. Salimuddin vs State Of Assam - Gauhati, Ratul Bharali vs State Of Assam - Gauhati, Vanlalrawngbawla Kawnpui Vengthar VS State of Mizoram - Gauhati, Sahid Hossain Biswas VS State of West Bengal - Calcutta, Krishnakant VS State of U. P. - Allahabad, Rajivgandhi VS State Represented by Inspector of Police, AWPS Jankondam, Ariyalur District - Madras, Abdulkhadar S/o Abdulgafar Tapal VS State Of Karnataka (Savanoor Police Station), R/By State Public Prosecutor - Karnataka, Manoj Tyagi vs State (Govt. of NCT, Delhi) - Delhi, Khogen Chetri VS State of Assam - Gauhati
Search Results for "Enimity between Accused and Victims Family Not Established before the Pocso Court"
2022 0 Supreme(All) 762 • India - Allahabad
SUNEET KUMAR, UMESH CHANDRA SHARMA
The accused denied the charges, claiming false implication due to enmity between the informant's family and his maternal uncle. ... Ratio Decidendi: The court applied the legal principles established in the Juvenile Justice Act, 2015, and relevant Supreme ... Finding of the Court: The court found the accused guilty of kidnapping, abduction, and rape, but not gang rape, based ... Therefore, it is clearly established#HL_E....
2025 0 Supreme(Gau) 1867 • India - THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MICHAEL ZOTHANKHUMA, MITALI THAKURIA
Section 3 13 Cr.P.C, the appellant has not made any statement that there was any enmity between the family of the appellant and the family of the victim. ... of the appellant and the family of the victim. ... My younger daughter and the niece of accused did not report the matter to me. Quarrel broke out between the family and accused in question of grinding the paddy by means of tractor. Since the....
2025 0 Supreme(Gau) 1641 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
[AIR 1953 SC 364] the Supreme Court has held that an witness is normally to be considered independent unless he/she springs from sources which are likely to be tainted and that usually means unless the witness has cause, such as enmity against the accused to wish to implicate ... There is nothing to show that there was any enmity between the appellants and the family of the victim also. 20.
2025 0 Supreme(Gau) 339 • India - Gauhati
NELSON SAILO, MARLIVANKUNG
, if found reliable, does not require corroboration - The age of the victim was established through a birth certificate, which was ... and a fine of Rs. 5,000/- - The prosecution established a prima facie case against the appellant through the testimony of the victim ... (Paras 30 , 34 ) Facts of the case: The appellant, a school Headmaster, was accused ... He believed that the accused person had been falsely accused because of personal and #HL_STAR....
2017 0 Supreme(Cal) 337 • India - Calcutta
JOYMALYA BAGCHI
The court emphasized the existence of enmity between the victim's family and the accused, and the potential for false implication ... , and the burden of proof on the accused in cases under the POCSO Act. ... It highlighted the reverse burden on the accused under Section 29 of the POCSO Act and the requirement for the accused to establish ... In the instant case, the existence of enmity between th....
2022 0 Supreme(All) 887 • India - Allahabad
SAMIT GOPAL
POCSO Act - Conviction under Section 376 IPC set aside - Victim's age not established - SC/ST Act charge not proven - Lack of ... Finding of the Court: The court found that the victim's age was not conclusively established, the charge under the ... Ratio Decidendi: The court set aside the conviction under Section 376 IPC due to the victim's age not being #HL_....
2016 0 Supreme(Mad) 1422 • India - Madras
P.DEVADASS
The victims were the daughters of the accused's neighbor, and the accused was alleged to have committed voyeurism and sexual assault ... - Sections 29 and 30 of the POCSO Act Fact of the Case: The accused sought suspension of his sentence after being convicted ... It also noted that corroboration need not be insisted upon for the victim's testimony, but strong motive or unimpeachable evidence ... However, to reject the testimony of such a witness, it must be established#HL_E....
2021 0 Supreme(Kar) 998 • India - Karnataka
SURAJ GOVINDARAJ, J. M. KHAZI
The court also noted that the victim's identification of the accused and the absence of enmity between the victim's family and the ... accused further established the accused's complicity in the offences. ... court relied on the victim's identification of the accused, medical evidence establishing anal penetration, and the absence of enmity ... There is no allegation made as rega....
• India - Delhi High Court
ANU MALHOTRA
, the evaluation of evidence regarding the minor's age, and the implications of the appellant's prior enmity with the victim's family ... the overall testimony confirmed the occurrence of sexual assault, with age being explicitly established beyond reasonable doubt. ... in child sexual abuse cases; variations in statements do not undermine the integrity of the victim's account. ... , stands established. ... A seemingly contradictory initial account is not#HL....
2019 0 Supreme(Gau) 948 • India - Gauhati
RUMI KUMARI PHUKAN
against the accused for not challenging the prosecution's case. ... Finding of the Court: The court found the accused guilty under Section 6 of the POCSO Act based on the victim's testimony ... by the accused to rebut the statutory presumptions under Sections 29 and 30 of the POCSO Act. ... She has no occasion/intention for falsely implicating the accused person, who is no other than a person working as Chowkidar....
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