Joined: 17 February 2012
I guess, there are many errors shown in HD in using law provisions, court
1.In Rape cases( not minors and some exceptional cases),the important point is whether the victim has consented to the act or not and the consent must be a valid consent.
For that they take circumstantial evidence and testimony of witnesses. Whether she cried for any help? Any resistance from her? And other circumstances, etc
2.If the Rape victim states in the court that she didn't consent , the court shall presume that there was no consent and then the burden shifts to accused to prove that there was consent.
3 Medical examination with in 24 hrs and usually for both( police inquiry,arrest. as per Cr.PC)
4.Further, as mentioned in HD.. IPC.Sec 376(2) is not applicable to this case.It applies to some special cases .
For special cases.. Sec376(2)...life imprisonment.
To this case 376(1) is applicable..Max..7 years and min may for 1 month... I guess.
guess the rank of next week
Author: myrarati Replies: 6 Views: 844
|myrarati||6||844||07 May 2012 at 1:40pm by innocent.aman|
He will be seen playing a pivotal character.
The team is currently undergoing workshops and dialect training
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