Sex and death in the rational world of defense intellectuals. Will You Submit & Obey?.



Sex and death in the rational world of defense intellectuals

Sex and death in the rational world of defense intellectuals

On the basis of this report an offence was registered under Section and IPC. Investigation of that offence disclosed that Kripalu maharaj respondent No. The investigation further disclosed that Meera, Hema and one Sulakshana were thus subjected to sexual intercourse by Kripalu Maharaj.

Accordingly, the offence which was registered against them earlier under Section and IPC was altered to an offence under Section IPC and all the seven respondent were shown as accused. On being chargesheeted, they were put up for trial before the learned Second Additional Sessions Judge, Nagpur who had framed the following charge: That, you above named accused No.

So also, again in the month of February, , you accused No. Again on 16th day of January, at about 5. Shrivastava, nagpur you committed rape on said Kum.

Sulakshana, posing yourself that you are a Divine Spirit of Lord Krishna. So also, in the month of Sept. Secondly, that above named accused No. So also, you about named accused Nos. The respondents, therefore, filed three applications in the Sessions Court. Exhibit 36 was for modification of the charge and Exhibits 37 and 41 were for discharging them. At the time of hearing of these applications, Exhibit 36 was not pressed.

The learned Additional Judge rejected both the applications for discharge. The High Court, by an unduly long order running into 89 pages, allowed the Revision Application, quashed the charge framed against the respondents and discharged them. The High Court was of the view that as five acts of rape were committed during the period from September, to February, on three different girls, the charge as framed was i n contravention of the provisions of Section of the Code of Criminal Procedure.

The state has, therefore, filed this appeal. The learned counsel for the appellant contended that the High Court far exceeded the limits of consideration at Section stage and that has led to failure of justice.

It committed an error of sifting and weighing the material placed before the Court by applying the standard of test and proof which is to be applied finally for deciding whether the accused is guilty or not.

What was required to be considered at that stage was whether the material placed before the Court disclosed a strong suspicion against the accused. On the other hand, relying upon the judgments of this Court in Union of India vs. AIR SC , the learned counsel for the respondents submitted that while considering and application for discharge, If there is no sufficient ground for proceeding against the accused, the Court has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused is made out.

The material placed before the Court must disclose grave suspicion against the accused. When two views are equally possible and if the Court finds that the material produced before it while giving rise to grave suspicion against the accused, it will be fully within its right to discharge the accused.

He also submitted that at Section stage the Judge cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on.

This is what the learned Additional Sessions Judge failed to do and the High court has done. He has thus supported the judgment passed by the High Court. The law on the subject is now well-settled, as pointed out in Niranjan Singh Punjabi vs. Jitendra Bijjaya 4 SCC 76, that at Sections and stage the Court is required to evaluate the material and documents on record with a view of finding out if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence.

The Court may, for this limited purpose, sift the evidence as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case. Therefore, at the stage of framing of the charge the Court has to consider the material with a view to find out if there is ground for presuming that the accused has committed the offence or that there is not sufficient ground for proceeding against him and not for the purpose of arriving at the conclusion that it is not likely to lead to a conviction.

What we find from the judgement of the High Court is that the learned Judge, in order to ascertain the correct legal position, referred to various decisions and quoted extensively from them but did not apply the law correctly.

The judgment also contains some quotations which have no relevance. After referring to the case law, the learned Judge has observed as under: Crime is an event in real life and is the product of interplay of different human emotions. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses.

Every case in the final analysis would have to depend upon its own facts. Those observations were obviously made in the context of appreciation of evidence and standard of proof required for convicting the accused.

This clearly indicates that the learned Judge failed to apply the correct test. The following observations again lead us to that conclusion: Sulakshana she was molested initially on Considering her age at the relevant time, no injuries were found as indicated by Modi. Meera alleged that she was molested prior to and in February, , instead of disclosing to stay in the company of the applicant No. She not from place to place to preach the tenents of the cult of Kripaluji Maharaj.

Similarly, though it is alleged by Ku. Hema and she was molested in the month of September, , she is not the case of the prosecution that these two sisters disclosed about the indence activities of Kripaluji Maharaj amongst themselves.

Meera and Hema both are graduates and Ku. It cannot be expected from such educated girls to continue to accompany the person who according to them, proved to be demon and to continue in his cult propagating his teachings. The conduct of all three girls not being in consonance with normal dispositions of prudent human a necessity or eminent.

Taking broad view of the matter, particularly various infirmities and improbabilities, no man of prudence will any importance to the story unfolded. It is, thus, clear that except the bare words of these three girls, their is no other evidence to corroborate their story.

In other words, subsequent conduct not only is relevant but important and.

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Sex and death in the rational world of defense intellectuals

On the basis of this report an offence was registered under Section and IPC. Investigation of that offence disclosed that Kripalu maharaj respondent No. The investigation further disclosed that Meera, Hema and one Sulakshana were thus subjected to sexual intercourse by Kripalu Maharaj. Accordingly, the offence which was registered against them earlier under Section and IPC was altered to an offence under Section IPC and all the seven respondent were shown as accused.

On being chargesheeted, they were put up for trial before the learned Second Additional Sessions Judge, Nagpur who had framed the following charge: That, you above named accused No.

So also, again in the month of February, , you accused No. Again on 16th day of January, at about 5. Shrivastava, nagpur you committed rape on said Kum. Sulakshana, posing yourself that you are a Divine Spirit of Lord Krishna.

So also, in the month of Sept. Secondly, that above named accused No. So also, you about named accused Nos.

The respondents, therefore, filed three applications in the Sessions Court. Exhibit 36 was for modification of the charge and Exhibits 37 and 41 were for discharging them. At the time of hearing of these applications, Exhibit 36 was not pressed. The learned Additional Judge rejected both the applications for discharge. The High Court, by an unduly long order running into 89 pages, allowed the Revision Application, quashed the charge framed against the respondents and discharged them.

The High Court was of the view that as five acts of rape were committed during the period from September, to February, on three different girls, the charge as framed was i n contravention of the provisions of Section of the Code of Criminal Procedure.

The state has, therefore, filed this appeal. The learned counsel for the appellant contended that the High Court far exceeded the limits of consideration at Section stage and that has led to failure of justice. It committed an error of sifting and weighing the material placed before the Court by applying the standard of test and proof which is to be applied finally for deciding whether the accused is guilty or not.

What was required to be considered at that stage was whether the material placed before the Court disclosed a strong suspicion against the accused. On the other hand, relying upon the judgments of this Court in Union of India vs. AIR SC , the learned counsel for the respondents submitted that while considering and application for discharge, If there is no sufficient ground for proceeding against the accused, the Court has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused is made out.

The material placed before the Court must disclose grave suspicion against the accused. When two views are equally possible and if the Court finds that the material produced before it while giving rise to grave suspicion against the accused, it will be fully within its right to discharge the accused.

He also submitted that at Section stage the Judge cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infirmities appearing in the case and so on. This is what the learned Additional Sessions Judge failed to do and the High court has done. He has thus supported the judgment passed by the High Court. The law on the subject is now well-settled, as pointed out in Niranjan Singh Punjabi vs.

Jitendra Bijjaya 4 SCC 76, that at Sections and stage the Court is required to evaluate the material and documents on record with a view of finding out if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence.

The Court may, for this limited purpose, sift the evidence as it cannot be expected even at that initial stage to accept all that the prosecution states as gospel truth even if it is opposed to common sense or the broad probabilities of the case. Therefore, at the stage of framing of the charge the Court has to consider the material with a view to find out if there is ground for presuming that the accused has committed the offence or that there is not sufficient ground for proceeding against him and not for the purpose of arriving at the conclusion that it is not likely to lead to a conviction.

What we find from the judgement of the High Court is that the learned Judge, in order to ascertain the correct legal position, referred to various decisions and quoted extensively from them but did not apply the law correctly. The judgment also contains some quotations which have no relevance. After referring to the case law, the learned Judge has observed as under: Crime is an event in real life and is the product of interplay of different human emotions.

In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses. Every case in the final analysis would have to depend upon its own facts. Those observations were obviously made in the context of appreciation of evidence and standard of proof required for convicting the accused.

This clearly indicates that the learned Judge failed to apply the correct test. The following observations again lead us to that conclusion: Sulakshana she was molested initially on Considering her age at the relevant time, no injuries were found as indicated by Modi. Meera alleged that she was molested prior to and in February, , instead of disclosing to stay in the company of the applicant No. She not from place to place to preach the tenents of the cult of Kripaluji Maharaj.

Similarly, though it is alleged by Ku. Hema and she was molested in the month of September, , she is not the case of the prosecution that these two sisters disclosed about the indence activities of Kripaluji Maharaj amongst themselves.

Meera and Hema both are graduates and Ku. It cannot be expected from such educated girls to continue to accompany the person who according to them, proved to be demon and to continue in his cult propagating his teachings. The conduct of all three girls not being in consonance with normal dispositions of prudent human a necessity or eminent.

Taking broad view of the matter, particularly various infirmities and improbabilities, no man of prudence will any importance to the story unfolded. It is, thus, clear that except the bare words of these three girls, their is no other evidence to corroborate their story. In other words, subsequent conduct not only is relevant but important and.

Sex and death in the rational world of defense intellectuals

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3 Comments

  1. The learned counsel for the appellant contended that the High Court far exceeded the limits of consideration at Section stage and that has led to failure of justice. A fervent minority of Anglo-American Masons acquire additional degrees teaching more sophisticated symbolism in separate organizations called Appendant Bodies that are not controlled by the Mother Lodge.

  2. In other words, subsequent conduct not only is relevant but important and. Now New Yorkers will have to make theirs. They lay claim to an unlimited amount of our income.

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