Bringing you the Best Analytical Legal News
Covering major criminal law updates from the Supreme Court and High Courts, this roundup offers a quick look at 2025 rulings on crimes against women and children, POCSO, POSH, JJ Act in terms of bail, criminal trial and Sentence.
“The conviction and sentence awarded to convict shall also remain suspended during the pendency of this appeal, since he is a Government servant and his right to earn his livelihood for survival cannot be curtailed because of implication in this case.”
“The consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love with, on a promise that he would marry her, cannot be considered to be given under a misconception of fact.”
“She was under trauma and a sense of shame that had precluded her from disclosing anything to her parents and the police, as evidenced from her statement that she did not want to be medically examined in presence of her parents or inform the police about it, while her parents were present.”
“In a prosecution for the offence of rape, the building or the place where the sexual intercourse between the offender and the survivor took place, was one of the facts which constituted the state of things under which the occasion or cause of rape happened.”
“Specific allegations were levied against the accused by the victim, coupled with the fact that she was dragged into human trafficking by the present applicant and other co-accused.”
“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
Justice Joymalya Bagchi formerly serving as Judge of Calcutta High Court was appointed to the Supreme Court on 10-3-2025 and is in line to become the CJI in 2031.
“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”
“It cannot be held that the complainant had been compelled into a sexual relationship on the false pretext of marriage, particularly when she herself continued to meet the petitioner and maintain sexual relations with him even after becoming aware that he had contracted another marriage”
The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.
The NHRC sought a detailed report by the Director General of Police, Bihar, and the District Magistrate, Patna, on the matter within two weeks, including compensation, if any, provided to the next of kin of the deceased victim.
“It is always a matter of utter failure for the system when a culprit, that too of a heinous sexual offence, manages to walk free by entangling the victim in misapplication of procedural rules, without the knowledge of the victim and without any control of the victim”.
In her statement, the victim stated that firstly, her father committed forcible sexual intercourse with her, and after some days when she was sleeping at her paternal aunt’s house, then the convict, who was her paternal uncle, committed the same offence against her.
The NHRC sought a detailed report from DGP, UP, and DM, Ghaziabad, on the matter within two weeks.
NHRC issued notice to the Director General of Police seeking a detailed report on the matter within two weeks.
“Though there was no progress in the trial and even the charge was also not framed and the applicant was incarcerated since 22-12-2021, however, the material on record prima facie showed the applicant’s involvement in the crime.”
“Incestuous sexual violence committed by a parent is a distinct category of offence that tears through the foundational fabric of familial trust and must invite the severest condemnation in both language and sentence”.
“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”
“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”