NHRC takes suo motu cognizance of reported abduction and murder of differently abled RTI activist in Gujarat
The NHRC issued notice to the State DGP, calling for a detailed report on the matter within two weeks.
abduction
‘Trial Court justified to declare trial futile after prosecutrix turns hostile and no incriminating evidence is adduced’: J&K and Ladakh HC upholds acquittal in rape case
“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.”
‘Unverified school certificate cannot be made a basis for determining victim’s age’: Rajasthan High Court upholds acquittal in kidnapping case
“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.”
Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute: MP High Court
The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.
SC berates Allahabad HC’s callous approach in granting bail to persons accused of child trafficking; directs States to implement BIRD’s report
“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.
SC acquits all 7 persons convicted in 1985 murder & abduction case as reasonable doubts strike prosecution case’s foundations
The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused
The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.
Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction
Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.
Delhi High Court issues comprehensive guidelines and directions for timely investigation of missing minor children
The present case confronts the situation where the father of the minor child had fortunately found his daughter who came back to the fold of his lawful guardianship, but not without facing hardships and stress as he did not know the progress of the case.
[Gang Rape] Delhi High Court modifies sentence of five men involved in kidnapping, abduction, and gang rape; awards life imprisonment
The accused had failed to demonstrate any illegality in the impugned judgment convicting them for the offences of kidnapping, abduction, and gang rape.
[Custodial Death] Delhi High Court upholds conviction of police officers for causing death of a 26-year-old boy accused of robbery
The Supreme Court in State of M.P. v. Shyamsunder Trivedi, (1995) 4 SCC 262 observed that, it would be police officials alone who can only explain the circumstances in which a person in their custody had died.
[Pilibhit encounter 1991] Allahabad High Court commutes life sentence of 43 police personnel to seven years' rigorous imprisonment
“It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police must arrest the accused and put them up for trial”.
If a girl runs away voluntarily without any persuasion, can boy with whom she eloped be held responsible for abducting the girl? Chh HC explains
Chhattisgarh High Court: Deepak Kumar Tiwari, J., held that, when the accused has not played any active role or persuaded the victim
Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape
Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no
CBI | Does not find any fault in the coda but questions the agenda | Accepts CBI’s closure report but questions the investigation
Central Bureau of Investigation (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while accepting the closure report questioned the delayed investigation by the
All HC | Anticipatory bail granted to rape accused on account of inordinate delay in filing of FIR, conduct of victim’s family members did not “inspire confidence”
Allahabad High Court: Dinesh Kumar Singh, J., allowed an application of anticipatory bail in connection with the FIR registered for the offences
Presumption of murder can be drawn when abduction and destroying of the body by the accused is already proved
Supreme Court: In a reference from a 2-judge bench verdict where Justice V. Gopala Gowda acquitted and Justice Arun Mishra convicted the
Pak SC | Identification of many accused persons in one line in one go during a test identification parade held to be improper
Supreme Court of Pakistan: A Division Bench of Asif Saeed Khan Khosa, C.J. and Syed Mansoor Ali Shah, J. in the current
Del HC | Forcing a person to ride motorcycle to a certain place held sufficient to upheld conviction under Ss. 367 and 393 IPC
Delhi High Court: Mukta Gupta, J. dismissed an appeal filed by the appellant against the judgment of the trial court whereby he was
Megh HC | Courts can’t be swayed by rise in crimes against women; conviction under S. 366 IPC in a case based on ‘imagination’ set aside
Meghalaya High Court: A Bench of Mohammad Yaqoob Mir, C.J. and H.S. Thangkhiew, J. set aside the conviction and sentence inflicted upon the