HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Louis Vuitton’s trademark, captive elephants in Kerala, Plastic Ban, and much more.
A quick legal roundup to cover important stories from all High Courts this week.
Rape
Allahabad High Court acquits seven in 2004 rape and kidnapping case; Raises possibility of victim’s involvement in crime
“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”
Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC
The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
‘Relationship gone wrong and sour’; Bombay HC quashes case under S.376(2)(n) IPC against advocate
If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.
SC grants anticipatory bail to Malayalam actor Siddique in rape case; questions delay in filing of the complaint
The complaint alleging that the actor committed a rape in 2016, came in the wake of revelations made in Justice K. Hema Report detailing several instances of sexual abuse in the Malayalam film industry.
Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on OCI; Ashneer Grover’s wife; Termination of Pregnancy; Maharashtra Elections; and more
A quick legal roundup to cover important stories from all High Courts this week.
Gujarat High Court allows termination of pregnancy of minor rape victim; Issues directions for medical board
The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.
Read why Allahabad HC commuted death sentences in Bulandshahr Gang-Rape case to life imprisonment of 25 years without remission
The Trial Court has not recorded any finding as to how the present case is ‘rarest of the rare case’ even though the accused has committed the gravest offence.
Kerala High Court refuses to quash case against priest accused of rape on pretext of marriage
Kerala High Court said that there was no undue delay in filing the FIR, as the relationship was predicated on the promise of marriage
Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage
No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.
SC reduces life sentence to 10 years imprisonment of man convicted for raping step-daughter, considering age and eight years of sentence undergone
‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.
Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
POCSO Court sentences, a 71-yr-old man, to life imprisonment with fine of ₹ 50,000/- for rape of 5-yr-old granddaughter
The complaint was lodged by the victim’s mother, leading to the registration of a case under IPC and POCSO Act.
Read why Gujarat HC dismissed Asaram Bapu’s plea for suspension of life sentence in rape case
Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.
Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC
The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.
[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee
In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.
[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace
Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs
Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.