About anti ragging act
arjun shukla
(Querist) 31 October 2012
This query is : Resolved
sir there are some students who were expeled from university for one year,but they are facing FIR for this also .Then,can court also charge punishment on them? And now if the the juniors who have charged the case are saying that thay have by mistake recognized these innocent as accused .Then what they(accused) can do for there defece & removal of charge?
ajay sethi
(Expert) 31 October 2012
yes they will be punished after trial . The burden of proof shall lie on the perpetrator of ragging and not on the victim.
ajay sethi
(Expert) 31 October 2012
UNIVERSITY OF KERALA Petitioner(s)
VERSUS
COUNCIL,PRINCIPALS,COLLEGES,KERALA & ORS Respondent Supreme court 2007
Every single incident of ragging where the victim or his parent/guardian or the Head of
institution is not satisfied with the institutional arrangement for action, a First
Information Report must be filed without exception by the institutional authorities with the
local police authorities. Any failure on the part of the institutional authority or negligence or
deliberate delay in lodging the FIR with the local police shall be construed to be an act of
culpable negligence on the part of the institutional authority. If any victim or his
parent/guardian of ragging intends to file FIR directly with the police, that will not absolve the
institutional authority from the requirement of filing the FIR.
3. Courts should make an effort to ensure that cases involving ragging are taken up on a
priority basis to send the correct message that ragging is not only to be discourages but also to
be dealt with sternness.
arjun shukla
(Querist) 31 October 2012
sir i want to tell that victims have made mistake in recognizing them .And now victims are also admiting that they have made mistake and they recognized the students who were not involve in rangging and innocents were punished. so victims also want to correct their mistake.
ajay sethi
(Expert) 31 October 2012
face trial . if victims say in their evidence that they do not recognise accused then you may be acquitted .
Devajyoti Barman
(Expert) 01 November 2012
If they have done so then they will have to apply to the court recording their statement u/s 164 crpc.
In any eventuality the case has weakened very much.
