GOPALAKRISHNA LAKANIDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) A novel question as regards the validity of Sections 54 and 155(4) of the Indian Evidence Act being violative of Article 14 of the Constitution of India has been raised in this application which has been filed by way of public interest litigation. According to the petitioner the character of an accused becomes irrelevant in terms of Section 54 of the Evidence Act whereas the same is used against a prosecutrix in terms of sub-section (4) of Section 155 thereof.

(2.) In the aforementioned situation the petitioner has prayed for the following reliefs:

(3.) The learned Counsel appearing on behalf of the petitioner inter alia submits that Sections 54 and 155(4) of the Evidence Act are discriminatory in nature and as such the 1st respondent herein must be directed to bring out an amendment in the Indian Evidence Act so that the character of a woman upon whom rape or attempt to rape is committed becomes irrelevant. Sections 54 and 155(4) of the Indian Evidence Act read thus: