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...in the case of Shyam and another v. State of Maharashtra (1995 Crl. L.J 3974). In that case their Lordships observed that if the prosecutrix app....Mr. Thakur placed reliance on some of the leading judgments of the Supreme Court. He placed reliance on State of Haryanu v. Raja Ram...also placed reliance on the Supreme Court judgment in Thakorlal D. Vadgama v. State Of Gujarat (AIR 1973 SC 2313). The Court observed as...
...she remained with alleged accused Ashok Kumar up to 14.3.1994 As such, she is a consenting party and relying upon the decision of Shyam and another v. State of ...Ashok Kumar, even if he had sexually assaulted to the prosecutrix Kumari Bimla (PW-4), a major, about 19 years of age.15. In view of the decisions in Paramjit Singh v. State of Hima...the prosecutrix was taken to be about 19 years and she was treated to be as major.13. The learned Sessions Court has heavily relied upon the verdict of a case Paramjit Singh v...
...sections. "
(5) The apex court reiterated the same view in another case reported in shyam and another v. State of maharashtra. The relevant parag...the minors and persons of unsound mind themselves than of the rights of the guardians of such persons. In this connection we may refer to the decision in state v. Harbansing kisansing (1)...years and if the ratio laid down by the supreme court in jayamala v. Home secretary, government of jammu and kashmir that the margin of error in age ascertained by radiological examination is two years on...
...5.5.1998 Ms. Mohan placed reliance on Shyam and another v. State of Maharashtra. 1995 Crl. L.J 39742. In this case, the prosecutrix was abducted but she ...patient of Tuberculosis and so the accused was keen to marry the prosecutrix Vidya Devi.3. Shyam Lal, PW-1, maternal uncle of the prosecutrix lodged a report with the Police that his...for about one year and nine months stayed in the house of her maternal uncle Shyam Lal which is adjoining to the house of the accused.(c) The sister of the prosecutrix and wife ...
...prosecutrix was not minor girl. Learned Advocate for the appellant placed reliance upon ruling in the case of Shyam and another v. State of Maharashtra (reported...placed upon ruling in the case of Ashok Bhaurao Gaikwad v. State of Maharashtra (reported in 2009 All MR (Cri) 131) to argue that prosecutrix who was on the verge ...aside. Learned Advocate for the appellant lastly submitted in view of ruling in the case of Yogesh Sitaram Dhage v. State of Maharashtra (reported in 2009 All MR (Cri...
...forcibly taken by the accused. As such, reference of made by the defence-counsel was taken into consideration by the learned Sessions Judge in Shyam and another v. State of ...victim came to know on 12.9.1993 that the victim-prosecutrix was kept and confined by the accused. The prosecutrix was recovered from the house of accused and her custody was handed over to Dasmi Ram..., father of the prosecutrix. Victim-Prosecutrix was got medically examined by PW-1 Dr. Tejbir Singh and thereafter FIR was lodged on 14.9.1993 After investigation, accused was charged for the aforesaid...
...was held that the prosecution story appeared to be a story invented mechanically subsequent to the recovery of the girl by the police.14. In Shyam and Another v. State ...in (2010) 1 SCC 742, and the judgements of this Court in the cases of Samsul Hoque @ Samsul Haque @ Samsul Alam v. State of Assam, reported in 2005(3) GLT 105 as ...as Gourango Roy and Ors. v. State of Tripura, reported in 2007 (2) GLT 379.10. Mr. D. Das, learned Additional Public Prosecutor, however, submits that non-production...
...judgment passed by the Hon'ble Apex Court Shyam and another v. State of Maharashtra, AIR 1995 SC 2169 in similar circumstances, it was observed that...(S. Varadarajan v. State Of Madras ., AIR 1965 SC 942.7. In the instant case, the victim was not a child of...yet not touched 18 years of age, but, still she was in the age of discretion, sensible and aware of the intention of the accused Shyam, that he was taking her away for a purpose. It was not unknow...
...guardian's custody and keeping and going with the accused then it is difficult to accept that the minor had voluntarily come to the accused.22. In Shyam and Another v. ...mind of passersby and other members of the public, who would definitely question the persons taking two young girls with them in an unconscious or semi-conscious state.19. Though the....23. In State of Karnataka v. Sureshbabu, 1994 Crl.L.J.1216(1), it was found that the girl went with the accused voluntarily. It was held by the Supreme Court that...
....
11. The learned counsel for the appellant seeks to rely on certain observations in "S. Varadarajan v. State Of Madras ...." (AIR 1995 S.C. 2169), and "The State of Maharashtra .... Varadarajan v. State of Madras" (supra), the prosecutrix was on the verge of attaining majority. There are cases and cases...
....
a) Alamelu v. State reported in (2011) 2 SCC 385,
...Ahmed v. State Of Assam . reported in
(2009) 14 SCC 541 and
g...State Of Chhattisgarh v. Lekhram . reported in AIR 2006 SC 1746. In the said case, similarly the prosecutrix was below 16 years of age, h...
...) Alamelu v. State reported in (2011) 2 SCC 385,
b) ...S. Varadarajan v. State Of Madras . (supra)
"She willingly accompanied him and the law did not cast upon hi...
State Of Chhattisgarh v. Lekhram . reported in AIR 2006 SC 1746. In the said case, similarly the prosecutrix was b...
.... State reported in (2011) 2
SCC 385,
b) ...,
g) K.P Thimmappa Gowda v. State Of Karnataka . reported in AIR 2011 SCW 2281
...Criminal Appeal No.230/2013 and
i) Manoharlal v. State of M.P. reported in JT 2014 (13) SC 125.
9. It is necessary to...
...Sri Chand, PW-15 and from the conduct of Poonam, PW-5, it can be safely inferred that Poonam was a consenting party. In the case of Shyam and another v. State of...1.O without prior permission from the court. Facts in the case of Sukhvinder Singh and others v. State of Punjab, (1994) 5 SCC 152, were.... Learned counsel for the State contended with reference to IV (2003) SLT 946-The Govt. Of Nct Of Delhi v. Jaspal Singh, that direct evidence ...
...intercourse with the appellants.30. In Shyam and Another v. State of Maharashtra, 1995 Criminal Law General 3974, the prosecutrix had put blame on the appe...away from the keeping of her lawful guardian and something more has to be shown in a case of this nature, like inducement.32. In Mahabir v. State.... State of Maharashtra, 1994 Criminal Law General 3044, it was found that the prosecutrix accompanied the appellant/accused from her village and stayed with him for two to three days. It was held...
...no other evidence against the appellants/accused.
19. The learned advocate for the appellant relied upon case of Shyam and .... Shahada, Dist. Dhule. Versus
The State of Maharashtra .. Respondent Shri R.S. Shinde h/f. Shri N.L. Choudhari, Advocate for appellant No.2...of Sankheda, Dist. Badoda, Gujarat State, had filed separate appeal and expired pending that appeal. Therefore, his appeal has abated. Now, appellant Nos. 2 and 3 who are original accused Nos. 1 and 2...
...petitioner has relied on the judgment of this Court in the case of Ajay @ Golu Shyam Solanki V/s. State of Maharashtra ...Bibansingh S/o Dalsingh Bawari and others V/s. The State of Maharashtra and another reported in...of Maharashtra, through Sub-Divisional Magistrate, Ramtek, Distt. Nagpur.
2. State of Maharashtra, through Sub-Divisional Magistrate, Kamthi Division, Kanhan, Distt. Nagpur...
...trial and cannot be accepted as gospel truth. In support of the contentions, reliance is placed upon Mehboob Dawood Shaikh v. State Of ...OnLine All 34; Javed Gulam Nabi Shaik v. State of Maharashtra and Another, Criminal Appeal No 2787 of 2024...persons.
(v) Since the offences under Section 120B read with Sections 420, 467 and 471 of IPC and Section 13(2) read with Section 13(1)(d) of...
....
14. The Apex Court in case Shyam & another v. State of Maharashtra reported in AIR 1995 SC 2169...discretion, sensible and aware of the intention of the accused-Shyam, that he was taking her away for a purpose. It was not unknown to her with whom she was going in view of his earlier proposal. It was...Shyam-the appellant on her own and in that sense there was no 'taking' out of the guardianship of her mother. The culpability of neither Shyam, A-l nor that of Suresh, A-2, in these circu...
...2005 in the case of Dr. Mohan N. Bhawe v. M/s. Travel Force and another. In the case of Shyam Lachmandas Ajwani .... State of Kerala and another(AIR 1992 SC 2206) but was withdrawn in the light of the subsequent Judgment of the Apex Court in the case of Adalat Prasad v. Rupal Zind...applicable. The doctrine of merger has been explained by the Apex Court in Kunhayammed and others v. State of Kerala and another...