SATYAM SHIVAM ARUNKUMAR JHA v. THE STATE OF MAHARASHTRA AND ANR
Discusses principles for evaluating evidence in sexual assault cases and interpretation of constitutional rights.
Court: Bombay High Court
Citation: 2025:BHC-AS:27679-DB
Decision Date: 25-06-2025
List of Laws
Criminal Procedure Code, 1973; Indian Penal Code, 1860; Constitution of India, 1949; General Principles of Law
- Criminal Procedure Code, 1973: Section 482 Cr.P.C. is invoked by the applicant seeking the quashing of C.R. No.786 of 2024. The court considered the application but ultimately dismissed it, finding a strong prima facie case against the applicant.
- Indian Penal Code, 1860: The judgment discusses Sections 376, 376(2)(n), 377, 354, 417, 504 and 506 IPC, under which the applicant is charged. The applicant is specifically alleged to have committed an offence under Section 354 IPC. The court notes that the allegations attracting Section 354 are deciphered from the FIR itself and finds no reason to disbelieve the prosecutrix's statement prima facie.
- Constitution of India, 1949: The judgment refers to Article 21 of the Constitution of India, stating that sexual assault is violative of the victim's basic human right under Article 21 and therefore, the Court should deal with cases of sexual assault sternly.
- General Principles of Law: The judgment refers to the principle that in the Indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule, is adding insult to injury. It also notes that a girl or a woman in the tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred, and over much importance cannot be given to minor discrepancies. The judgment also notes that mere delay in lodging FIR does not render prosecution version redundant. The Courts have to display a greater sense of responsibility and to be more sensitive while dealing with charges of sexual assault on women, particularly of tender age and children.
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