Professional Documents
Culture Documents
(2021)
2.20.1. Facts of the case
2.20.2. Judgment of the court
2.21. Smt Aneeta And Another v. State Of U.P. And 3 Others (2021)
2.21.1. Facts of the case
2.21.2. Judgment of the court
3. References
Introduction
Criminal law is that branch of law that deals with criminal matters or treats crimes and their
punishment. The scope of criminal law is very wide and it deals with all the crimes which
shake the consciousness of the society, or the acts which are committed against the state.
In India, there have been numerous landmark judgments regarding criminal law, and each
time, such judgements have not only assisted the judiciary in delivering justice to the victim
but have also established a new legal precedent that shall deliver new legal principles or
concepts. Landmark judgments are often those judgments that are comparatively new or
which do not have much judicial interpretation.
Such information must also be published in one local newspaper and one national
newspaper, and on the official media platforms of the political party, including Facebook,
and Twitter. The details must be published within 48 hours of the selection of the candidate
and not less than two weeks before the first date for filing of nominations, whichever is
earlier.
All the concerned political parties must also submit a report of compliance with the
directions passed by the Apex Court with the Election Commission of India within 72 hours
of the selection of the candidate, and if any political party fails to submit such report to the
Election Commission, the Election Commission shall bring such incident to the notice of
Supreme Court of India as being in contempt of court’s orders.
The Apex Court also directed the respondent-State or competent authorities to publish all
orders in force and any future orders under Section 144 of CrPC and for suspension of
telecom services, including internet, to enable the affected persons to challenge it before
the High Court or appropriate forum.
The Court further held that an order passed under Section 144 of CrPC should state the
material facts to enable judicial review of the same. The power should be exercised in a
bona fide and reasonable manner, and the same should be passed by relying on the
material facts, indicative of application of mind which will enable judicial scrutiny.
The Apex court also directed the Central government to install CCTV cameras which shall be
equipped with night vision and consists of audio and video footage at the Central Bureau
Investigation (CBI) offices, National Investigation Agency (NIA), Enforcement Directorate
(ED), Narcotics Control Bureau (NCB), Department of Revenue Intelligence (DRI), Serious
Fraud Investigation Office (SFIO) offices, and other similar central agencies at the places
where interrogation of people takes place.
The court also came heavily on the Juvenile Justice Board, who shall not be silent spectators
and pass orders only when a case comes to them. The JJ boards can also take cognizance
of the situations when it comes to the knowledge of the board that a child has been
detained in police custody or prison. It is the primary duty of JJ boards to grant bail to
juvenile offenders or at least send them to an observation home or any such place of
safety.
Being aggrieved by the decision of the sessions court, the appellant filed a review petition
under Section 482 of the Code of Criminal Procedure, 1973. Eventually, the matter came
before the Punjab and Haryana High Court, however, the learned court also upheld the
decision of the sessions court, and later the matter came before the Supreme Court of
India.
The primary issue raised in this case was whether a Hindu unmarried daughter can claim
maintenance from her father under Section 125 CrPC only up to the time she attains
majority or can she claim maintenance till she gets married.
The court held that under Section 6 of the Hindu Succession Act, daughters who are born
before or after the commencement of the 2005 amendment hold the equal status of
coparcener as a son. The court further upheld the judgment of Danamma @ Suman Surpur
vs Amar (2018) where the Apex court held that provisions of Section 6 confer full rights
upon the daughter coparcener. Any coparcener, including a daughter, can claim a partition in
the coparcenary property.
The statutory fiction of partition created by the provision of Section 6 of the Hindu
Succession Act, 1956 as originally enacted did not bring about the actual partition or
disruption of the coparcenary. The fiction was only to ascertain the share of the deceased
coparcener when he was survived by a female heir or male relative of such a female.
The court, further, while considering the tests regarding the reasonableness, involved the
realization of limits within which rational responses shall be included, which also includes
taking into consideration the characteristics of a situation and circumstances and if a
particular group is likely to get affected, and at the same time, the society is also entitled to
have certain tolerance.
The main issue before the court, in this case, was whether a consensual affair can be a
defence against the charge of kidnapping a minor?
The Apex Court, while considering the case of State of M.P vs Surendra Singh (2014), held
that undue sympathy to impose inadequate sentences would do more harm to the justice
system to undermine the public confidence in the efficacy of law. Every court must award a
proper sentence having regard to the nature of the offence and how it was executed or
committed. The sentencing courts are expected to consider all relevant facts and
circumstances bearing on the question of sentence and proceed to impose a sentence
commensurate with the gravity of the offence.
The court must not only keep in view the rights of the victim of the crime but also the
society at large while considering the imposition of appropriate punishment. The meagre
sentence imposed solely on account of lapse of time without considering the degree of the
offence will be counterproductive in the long run and against the interest of society.
The court further held that, once the prosecution establishes the evidence which reflects
that the offence of kidnapping was done with the intention or knowledge of compelling the
marriage of the girl or to have illicit sexual intercourse with her, the punitive measures of
Section 366 of IPC would be attracted, however no offence of Section 376 could be made
out against the accused.
Despite being aware of the wedlock of the petitioner, the investigating officer (IO) in this
case, instead of taking the statement of petitioner no. 1 in her place of residence, insisted
on recording her statements in the police station.
The court further held that there is no need for consent of the clan, family, or the
community in the cases where two adults have voluntarily decided to enter into a wedlock.
Thus the Apex court found the High court to be in error in granting bail to the accused and
cancelled the bail allowed to the accused.
The Apex Court while relying on the case of Sharad Birdhi Chand Sarda vs State Of
Maharashtra (1984) gave 5 principles that must be fulfilled before a case against an
accused can be said to be fully established,
The circumstances from which the conclusion of guilt is to be drawn should be fully
established.
The facts so established should be consistent only with the hypothesis of the guilt of the
accused, that is to say, they should not be explainable on any other hypothesis except
that the accused is guilty.
They should exclude every possible hypothesis except the one to be proved.
There must be a chain of evidence so complete as not to leave any reasonable ground for
the conclusion consistent with the innocence of the accused and must show that in all
human probability the act must have been done by the accused.
The Supreme Court also held that in case of suicide, the hanging marks on the neck of the
victim are upward ears, which was confirmed by the senior medical officer, and therefore
the Apex Court set aside the orders of conviction of the Sessions Court and High Court, and
acquit the accused of all charges.
Whether there was a prima facie or reasonable ground to believe that the accused had
committed the offence.
The appellant in the present case argued that the ingredients of Section 3(2)(v) were not
established. The court considered the theory of intersectionality by Kimberly Crenshaw in
the U.S.A.
The court held that intersectionality refers to the oppression which arises out of the
combination of various oppressions which combinedly produce something unique from other
forms of discrimination standing alone.
The court further held that certain measures have been taken over some time but they
have been too far and too few and they certainly have not attempted to restructure and
transform society and its institutions but the state must ensure that no woman suffers
discrimination on grounds of caste or religion.
The court further referred to the Justice JS Verma report which was constituted after the
2012 Delhi gang-rape case while referring to how discrimination caused by intersecting
identities increases the violence against specific communities, gender, religion, etc. The
court also discussed the conditions of women in contemporary Indian society and held that
while laws are being enacted to bring about change, significant work needs to be done to
make sure that the laws benefit the objective with which they were enacted.
The court lastly discussed Section 3(2)(v) of the SC and ST act. It set aside the conviction
under the said section after finding no essentials under the section and upheld the
conviction of the accused under Section 376(1) of IPC.
In the present case, the appellants no. 1 and 2 were tried under Sections 452, Section 326,
Section 323 and Sections 302, Section 452 of Indian Penal Code, 1860 respectively, and
were acquitted by Sessions Court by taking benefit of the doubt.
While relying on the case of Murugesan & 16 Ors vs State Tr.Insp.Of Police (2012) the
appellant’s counsel contended that as long as the trial court’s view is a possible view,
further scrutiny by High Court under Section 378 Code of Criminal Procedure, 1973 was not
needed.
The primary question before the Supreme Court of India was whether the learned High
Court in exercising its jurisdictions under Section 378 of CrPC was justified in intervening
with the order of the acquittal delivered by the trial court.
Thus the Supreme Court of India, in this case, upheld the conviction of both the accused
persons, one of whom was responsible for delivering a blow of a stick on the head of an
aged woman which caused her death on the spot. The court furthermore held that the fact
that the testimony of witnesses was overstated suggests the elements and ingredients of
truth, and in cases where a significant portion of the evidence was insufficient, but the rest
of the portion of evidence proves the guilt of the accused, a conviction can be ruled on it
and reliance was placed on the case of Gangadhar Behera And Ors vs State Of Orissa
(2002).
When the report of remand is taken into consideration by the magistrate, the bail
application can be filed under Section 439 CrPC instead of Section 437 of CrPC
considering the restrictions in the present case.
The application under Section 397 CrPC shall not be against the remand, but the
application under Section 439 of CrPC will be for bail.
Usually, the Court of Magistrate practices the power of remand under Section 167 CrPC,
and the exercise of power under the said section by the superior courts will be to
determine the duration within which the charge sheet must be filed, and in case of failure
to file a charge sheet, the accused has a statutory right to bail.
The order of remand must be a transit remand order, and shall be passed under Section
167 CrPC, though it may be for the exhibiting in a court of law the appellant, it also
involves permitting continued detention under Section 167 CrPC.
If the court of law tends to invoke and exercise jurisdictions under Section 167 CrPC, the
detention shall qualify even in cases where the order of detention was illegal.
The court further held that the house arrest must be a complete prohibition on going out
and the order of injunction passed to prevent the persons from engaging other than the
residents of the house, and placing the guards to enforce such conditions will be judicial
custody but not under the jurisdictions of Section 167 CrPC.
There is a threat to cause death or hurt to the person, or the conduct of the kidnapper
leads to a reasonable apprehension that such person may cause death or hurt,
Such kidnapper causes hurt or death to such a person to compel the government of any
foreign State or any Governmental organization or any other person to do or abstain
from doing any act or to pay a ransom.
After establishing the first condition, the prosecution must establish either the second or
third condition to prove the guilt of the accused.
The prosecution alleged that the accused persons formed an unlawful assembly and tried to
snatch away the voters’ list present with the aggrieved person, and on the refusal by the
aggrieved person, the accused started beating him, and later, one of the accused also fired
gunshots at a person.
The learned trial court found 16 people guilty for offences under Sections 323, Section 307,
Section 147, Section 149, and Section 379 IPC.
The court further held that “the essence of the electoral system should be to ensure
freedom to voters to exercise their free choice. Therefore, any attempt of booth capturing
and/or bogus voting should be dealt with iron hands because it ultimately affects the rule of
law and democracy. Nobody can be permitted to dilute the right to free and fair election.”
Therefore, the legislature needs to enact specific legislation concerning the circumstances
where the accused obtains the consent of the victim to have sexual intercourse with her on
the false promise of marriage, however, until such legislation is not enacted, it is the duty of
the court to take into consideration the protection of women who are a victim of sexual
intercourse on false promises of marriage.
The court further held that the mindset of male chauvinism that women are nothing but
objects of enjoyment are required to be addressed meticulously and should be dealt with in
such a way that it creates a healthy society and strengthens the security of women.
Petitioner no. 1 and no. 2 are not husband-wife; respondent no. 4 is the husband of
petitioner no. 1, and it is the case of the prosecution that petitioner no. 1 is living with
petitioner no. 2 due to the torturing behaviour of respondent no. 4.
References
https://blog.ipleaders.in/landmark-judgments-on-offences-against-women-under-indian-
penal-code-1860
https://www.livelaw.in/top-stories/supreme-court-of-india-important-judgements-2020-
167492
https://www.livelaw.in/top-stories/juvenile-justice-heinous-and-serious-offences-
defined-151456
https://www.barandbench.com/columns/supreme-court-review-crucial-judgments-of-
2020
https://www.barandbench.com/columns/the-lawyers-digest-supreme-court-judgments-
passed-in-march-2021
https://www.barandbench.com/columns/the-lawyers-digest-supreme-court-judgments-
passed-in-april-2021
https://www.barandbench.com/columns/litigation-columns/the-lawyers-digest-supreme-
court-judgments-passed-in-may-2021
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