HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Electro Homeopathy; Right to Education; Universal Studios; Custodial Torture, and more
A quick legal roundup to cover important stories from all High Courts this week.
Rape
Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court
MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.
Termination of pregnancy | Nobody can be allowed to play hide and seek for committing an unborn child’s murder: MP High Court
MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.
Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers
“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”
Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
Is 3-month period for completion of preliminary assessment under Juvenile Justice Act mandatory? Supreme Court answers
“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Manual Scavenging; Union Minister Amit Shah; Rape & Murder of 6-yr-old; Victims of Terrorism; and more
A quick legal roundup to cover important stories from all High Courts this week.
J&K and Ladakh HC grants bail to relatives accused of gang rape; Takes note of woman’s tendency to improvise allegations involving her in-laws in heinous offences
The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.
‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks
“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”
Pregnant person’s consent, physical and mental health in decisions of reproductive autonomy and termination of pregnancy is paramount: Supreme Court
“Pregnant persons seeking termination of pregnancy seek predictability for their future. The uncertainty caused by changing opinions of the medical board must therefore balance the distress it would cause to the pregnant person by providing cogent and sound reasons.”
Mob lynching of rape accused| ‘People not allowed to take law in their hands’; Rajasthan High Court denies bail
“Mob-lynching practice is not acceptable in civilized society at any cost. We are not living in a barbarian society.”
‘Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment
“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”
Unnatural sex by husband with wife not offence under Section 377 IPC: MP High Court
Madhya Pradesh High Court held that under Section 375 of IPC any sexual intercourse or sexual act by the husband with his wife not below the age of fifteen years is not a rape, therefore, absence of consent of wife for unnatural act loses its importance.
Supreme Court recalls earlier order allowing abortion of 14-year-old rape survivor, as parents raised health concerns
Earlier, the Supreme Court has directed the Dean at Sion Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor.
Supreme Court grants bail to POCSO accused languishing in jail from past 4 years
Supreme Court viewed that the accused is entitled to be enlarged on bail pending trial, especially when no antecedents of the accused have been brought on record.
Supreme Court of Appeal of South Africa restores conviction of man accused of raping his love interest
The Court held that ‘act of sexual penetration’ meant that one party must agree/ consent to engage in a particular act of sexual penetration with another, in light of Section 3 of the Sexual Offences Act.
[MeToo Movement] | Why NY Court of Appeals decided to reverse Harvey Weinstein’s conviction for multiple sexual crimes?
In 2017, prominent American newspapers reported stories of several women who accused Harvey Weinstein of sexual abuse, harassment, and using his influence as a Hollywood power broker to take advantage of young women. These revelations eventually kickstarted the ‘#MeToo Movement’.
[POCSO Case] | An award-winning National hockey player’s achievements earned through hard work, can’t be termed as ‘Influence’: Karnataka HC
The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.
‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter
“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”
[Gang Rape] Baffling and mysterious as to why police did not collect CDR of victim; Delhi High Court acquits accused due to insufficient evidence
“Call Details Record of the victim would have reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging.”