AI Overview...
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Hostility of Prosecutrix and Parents - Multiple cases highlight that when the prosecutrix and/or her parents turn hostile during trial, the prosecution's case weakens significantly, often leading to acquittal or dismissal of charges. This hostility can be due to various reasons, such as marriage, reconciliation, or false allegations. For example, in INDMP00000116753, the prosecutrix and her parents did not support the case, challenging age proof and turning hostile Rasel vs THE STATE OF MADHYA PRADESH - Madhya Pradesh. Similarly, in 01700002195, witnesses turned hostile, resulting in acquittal Sagar Mal VS State of Rajasthan - Rajasthan.
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Impact on Evidence and Conviction - When key witnesses, including the prosecutrix, turn hostile, their testimonies lose evidentiary value. Courts often rely on medical evidence or other corroborative facts, but hostile witnesses' statements are generally discredited. For instance, in 01702002066, the prosecution's witnesses turned hostile, and the court found the evidence insufficient for conviction Laxman Dan VS State of Rajasthan - Rajasthan. In 02000016644, the possibility of consensual sex due to a love affair led to the quashing of conviction when witnesses turned hostile Deepak Mahto VS State of Jharkhand - Jharkhand.
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Age Dispute and Its Effect - Challenges to the prosecutrix’s age, such as failure to produce satisfactory age proof, can influence the case outcome, especially if age is a crucial element. In 00500026204, the age of the prosecutrix was contested, impacting the case's credibility State of Gujarat VS Odhavjibhai and Odho Khetabhai Makwana - Crimes.
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Legal Outcomes - The consistent theme is that the turning hostile of prosecutrix and witnesses often results in acquittals or the setting aside of convictions, emphasizing the importance of reliable, supportive testimonies for conviction in sexual offence cases.
Analysis and Conclusion: The success of prosecution in cases involving allegations of sexual offences heavily depends on the credibility and support of witnesses, particularly the prosecutrix. When they turn hostile, courts tend to scrutinize the evidence more critically, often leading to acquittal or dismissal. Challenges to age and the absence of corroborative evidence further weaken the case. Thus, the presence of hostile witnesses is a significant factor that can prevent conviction, as demonstrated across multiple cases Rasel vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, Sagar Mal VS State of Rajasthan - Rajasthan, Laxman Dan VS State of Rajasthan - Rajasthan, Deepak Mahto VS State of Jharkhand - Jharkhand.
Search Results for "No Conviction when the Prosecutrix and Parents Turned Hostile on the Basis Pf Age"
2025 Supreme(Online)(MP) 3639 • India - High Court of Madhya Pradesh
VIJAY KUMAR SHUKLA, PREM NARAYAN SINGH, JJ
The prosecutrix and her parents turned hostile, challenging the age proof based on school records. ... The prosecutrix was recovered from the custody of present appellant on 20/05/2023. The prosecutrix and her parents have turned hostile. They have not supported the prosecution case. ... After hearing learned counsel for the parties and taking into consideration the facts that the prosecutrix and ....
2017 0 Supreme(P&H) 2906 • India - Punjab and Haryana
T.P.S.MANN, MAHABIR SINGH SINDHU
perjury against all material witness including prosecutrix who turned hostile – Punjab and Haryana High Court Case Flow Management ... be major on the date of occurrence and they gave false evidence and turned hostile – Accused acquitted – High Court proceeded for ... of prosecutrix and accused persons matched but not as per prosecution version but otherwise – Both the prosecutrix were held to ... She also turned hostile and denied ....
2019 0 Supreme(Bom) 681 • India - Bombay
REVATI MOHITE DERE
Settlement Deed, has also turned hostile and has not supported the prosecution case. ... the appellant and his parents had come to see his daughter who was of a marriageable age, pursuant to which, he went to his house ... Indian Penal Code, 1860 – Sections 366A, 341, 504, 506 r/w 34, 376 – Order of Conviction – Appellant vide ... Settlement Deed, has also turned hostile and has not supported the prosecution case. PW3-Rama Ravte does not mention about the contents of ....
2017 0 Supreme(J&K) 385 • India - Jammu and Kashmir
SANJAY KUMAR GUPTA
The prosecutrix turned hostile during the trial, stating that she had married one of the accused with her consent and they were living ... Ratio Decidendi: The court's decision was influenced by the prosecutrix turning hostile during the trial and stating that ... In the present case, when the prosecutrix has turned hostile, then there would be no scope of conviction of accused. It has also come in the statement of the pr....
• India - Crimes
K.S.JHAVERI, K.J.THAKER
was of 14 years of age—Parents of prosecutrix failed to give any satisfactory explanation as to on what basis, date of birth of ... record to show that on the date of alleged offence prosecutrix was minor and that she was allured from the custody of her parents ... prosecutrix was mentioned to be 18.3.1994 in the record of Gram Panchayat—Since school leaving certificate of brother of prosecutrix ... The panchas have turned #HL_START....
2005 0 Supreme(Raj) 1156 • India - Rajasthan
H.R.PANWAR
However, the prosecution witnesses turned hostile and denied the allegations. ... It highlighted the misreading of evidence by the trial court and the lack of admissible evidence to support the conviction. ... Consequently, the appellant's conviction and sentence were set aside, and he was acquitted of the offence under Section 376 IPC. ... Though, there is no evidence of committing rape on the prosecutrix and the fact that prosecutrix and other prosecution witness have turne....
1983 0 Supreme(Raj) 165 • India - Rajasthan
S.S.BYAS
(b) Criminal Trial—-Evidentiary value of prosecutrix in a rape case—— Rivalary in village—Prosecutrixs parent in one group and accused ... (a) Evidence Act—S. 45—Age of prosecutrix in a rape case-Evidence of Doctor be given weight than a laymans statement. ... 13)(c) Penal Code—S. 376—Rape—Consent or not—Circumstance to be considered—Accused of rival party—Injuries found on the body of prosecutrix—No ... P.W. 10 Nandsingh, of course lent no support and turned #HL_STAR....
2001 0 Supreme(Raj) 461 • India - Rajasthan
SUNIL KUMAR GARG
was not a party – Confirmed the conviction. ... Penal Code, Sec. 342, 323 & 376 – Rape case – All the eye witnesses including the person who lodged the FIR turned hostile – Trial ... – Held – Eye-witness turned hostile due to compromise between the parties – Her statement is corroborated by the medical evidence ... hostile. therefore, statement of the prosecutrix PW4 Mangi should not be believed as there is no corroboration to her statement. ... However great the susp....
1999 0 Supreme(MP) 192 • India - Madhya Pradesh
S.P.KHARE
The Court upheld the conviction of appellant K. ... On appeal, the High Court upheld the conviction of appellant K. ... The High Court found that the victim was induced and taken from her house to the house of Sumitra without the consent of her parents ... These 3 witnesses have turned hostile for that reason. Even if their evidence is ignored, the material which is available on record shows that Sangeeta (P. W. 10) was induced and taken from her house, to the house of Sumitra. It was done without the c....
2014 0 Supreme(Jhk) 697 • India - Jharkhand
D.N.UPADHYAY
turned hostile—In view of love affair between accused and prosecutrix, possibility of consensual sexual intercourse appearing to ... be probable—Order of conviction cannot be maintained and accordingly quashed. ... Indian Penal Code, 1860 - Section 376 – Rape—Conviction—Delay in lodging FIR is not necessarily fatal to prosecution case—Rural witnesses ... Not only that out of 13 witnesses, P.Ws. -5, 6, 7, 10, 12 and 13 who are the villagers, did not support the prosecution case and turned#HL_EN....
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