Know Thy Newly Appointed Supreme Court Judge: Justice Joymalya Bagchi
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.
Rape
Misuse of Advocate-Client Relationship | MP High Court refuses to quash FIR in Rape allegations against Advocate
“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”
Law with ‘greater degree’ of punishment applies when convicted under IPC and POCSO both: Supreme Court
“The provisions of Section 42A of POCSO Act, cannot be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act.”
‘Victim had sufficient knowledge, full capacity to know import of her actions’; Bombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend
“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”
‘Not a sexual predator but a young person involved in consensual relationship’; Bombay HC grants bail to 22-year-old man accused of raping his 16-year-old girlfriend
“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”
Proximity at workplace results in consensual relationships which on turning sour get reported as crimes; Delhi High Court grants bail
A perusal of Charge-sheet shows that the Applicant and the Complainant were in a relationship for more than one year. However, as per the Complainant eventually the attitude of Petitioner/Complainant changed, and he started ill-treating and blackmailing her.
‘No other evidence except victim’s bare words’; Bombay HC acquits father for allegedly having sexual intercourse with daughter
“It was suggested that the victim girl lodged a false report against her father because the father did not give green signal to her marriage with the boy to whom she wanted to marry.”
Consent to engage in physical relations does not extend to misuse of a person’s private moments in an inappropriate manner: Delhi High Court
The assertion made in the bail application that the complainant, “being a married woman, was mature and intelligent enough to understand the significance and consequences of her actions” is a specious argument that cannot absolve the accused of the allegations levelled against him.
Rajasthan High Court grants interim bail to Asaram Bapu in 2013 rape case for medical treatment
Asaram Bapu was sentenced to life imprisonment in 2018 for raping a minor girl at his ashram in 2013.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Child witness evidence appears to be result of tutoring’; Telangana HC acquits man convicted of raping 9-year-old girl
“The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case”.
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Gurmeet Ram Rahim; Mankind-Sepkind trademark tussle; Gyanvapi Mosque; and more
A quick legal roundup to cover important stories from all High Courts this week.
Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help
The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.
Kerala HC dismisses plea challenging integrity certificate granted to IO over alleged faulty probe in Walayar rape death case; Upholds Decision by Home Secretary
Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar
‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC
“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Balachandra Menon’s bail; Trade mark of Jack Daniels; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
Rajasthan High Court refers issue of shifting Rape/POCSO Act Convicts from Jail to Open Air Camp to Larger Bench
The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.
‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case
“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
[POCSO] Supreme Court grants anticipatory bail to 28-yr-old man accused of molesting minor girl
Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
Criminal Law Roundup: A quick recap of the top criminal cases from November 2024
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.