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Supreme Court of India 2024-12-19 disposed

RAJEEV KUMAR UPADHYAY vs SRIKANT UPADHYAY & ORS

Bench: 2 — C.T. Ravikumar, Sanjay Karol

In Brief

A woman and her grandmother in Bihar were accused of witchcraft, physically assaulted, disrobed, and had their jewelry stolen. Police initially refused to register a case, so it was registered under Article 156(3) CrPC against 13 accused. The investigating officer charged only one accused, but a magistrate ordered all 13 to trial. The accused petitioned the High Court, which granted a stay. The Supreme Court, while upholding the presumption of innocence, held that mechanical stays obstruct justice in cases involving grave dignity violations and discrimination. The Court emphasized that the State and courts have heightened obligations to protect women from witchcraft-based violence, citing constitutional guarantees and international human rights treaties. The trial was directed to proceed on a day-to-day basis from 15 January 2025.

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Criminal Law Women's Rights Gender-Based Violence Constitutional Law Presumption of Innocence Witch-Hunting Dignity Article 21 Criminal Procedure Human Rights International Law

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