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Many Errors...I guess

26nightingale IF-Rockerz
26nightingale
26nightingale

Joined: 17 February 2012
Posts: 5681

Posted: 09 April 2012 at 12:21pm | IP Logged

I guess, there are many errors  shown in HD in using law provisions, court proceedings. etc.


 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.

 



Edited by 62nightingale - 09 April 2012 at 2:58pm

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