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True Colors of a Vile Wife

Tag: Hostile Witness Case

Jeetan Lodh Alias Jitendra Vs State of UP Lucknow and 3 Ors on 11 Apr 2023

Posted on July 4 by ShadesOfKnife

A single bench Judge of Allahabad High Court at Lucknow held that, compensation obtained as victims has to be recovered if the said alleged victims turn hostile before Courts.

From Para 11,

11. Now, the question has cropped up before me as to whether, the prosetrix who has become hostile is entitled to retain the amount of compensation. In my opinion, if the victim has become hostile and does not support the prosecution case at all, it is appropriate to recover the amount if paid to the victim. The victim is the person who comes before the Court and during trial if she denies the allegation of rape and becomes hostile, there is no justification to keep the amount of compensation provided by the State Government. The State Exchequer cannot be burdened like this and there is all possibility of misuse of the laws. Therefore, in my opinion, the amount of compensation given to the victim or the family member, is liable to be recovered by the authorities concerned who have paid the compensation.
12. Therefore, considering the above aspect of the matter, it is directed that the State Government will pass appropriate orders and issue necessary directions to the authorities concerned to recover the amount of compensation if paid, in the cases, where the victim has become hostile during trial and not supported the prosecution. Let necessary exercise be done within a period of three months.
13. The Senior Registrar of this Court is directed to send a copy of this order to the Chief Secretary of Government of Uttar Pradesh for necessary compliance.
14. List this case in the second week of August and learned AGA will submit progress report.

Jeetan Lodh Alias Jitendra Vs State of UP Lucknow and 3 Ors on 11 Apr 2023

Citations:

Other Sources:

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Hostile Witness Case Jeetan Lodh Alias Jitendra vs State of UP Lucknow and 3 Ors Recovery of Compensation | Leave a comment

Rahim Pathan Vs State of Maharashtra on 04 Jun 2019

Posted on July 31, 2021 by ShadesOfKnife

Single bench judge of Bombay High Court held as follows, while acquitting a husband from the allegations of strangulating his wife.

From Para 16,

16. Perusal of aforesaid findings reflect that the learned Sessions Judge kept implicit reliance on the evidence of PW-2 Sayed Bandeali as well as recitals of the FIR, scribed by PW-9 Gauri More to arrive at the conclusion of guilt of the accused. The approach of learned Sessions Judge appears superficial and erroneous one. He drawn the conclusion that the death of victim was custodial death and it was imperative for the accused husband to explain how the deceased Rubina died. It reveals that the learned Sessions Judge overlooked or glossed over serious legal infirmities in this case. It was fallacious to appreciate that the shop of accused was located at a distance of 3. k.m. from his residential house. Therefore, there was ample opportunity for him to visit to the house from his shop for committing crime. This sort of speculative findings rests on assumption is totally impermissible and inadmissible in law. There is no evidence available on record about the last scene together of the accused in the company of deceased wife Rubina at the relevant time. In contrast, kith and kin of Rubina turned hostile and refused to cast aspersion on the appellant-accused for her homicidal death.

Rahim Pathan Vs State of Maharastra on 04 Jun 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/141994995/

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Circumstantial Evidence - Last Seen Theory Circumstantial Evidence - Suspicion cannot take the place of proof CrPC 313 - Power to examine the accused CrPC 437A - Bail to require accused to appear before next appellate Court Evidence Act 106 - Burden of Proving Fact Especially Within Knowledge Evidence Act Sec 145 - Cross-examination as to previous statements in writing Evidence Act Sec 154 - Question by party to his own witness Evidence Act Sec 157 - Former statements of witness may be proved to corroborate later testimony as to same fact Hostile Witness Case IPC 302 - Punishment for murder Rahim Pathan Vs State of Maharastra | Leave a comment

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