Know why Karnataka High Court denied bail to 68-year-old accused for gangrape of minor
“The act of committing sexual assault on the victim by taking advantage of her poverty and her innocence and also particular community is ruthless act.”
criminal appeal
Inside Karnataka HC’s order rejecting bail of a married man accused of sexually assaulting Scheduled Caste minor
“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
‘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.”
Read why Telangana HC stayed Karnataka MLA G. Janardhan Reddy’s conviction and granted bail in illegal mining case
This Court has the power to suspend the sentence and conviction and grant bail to the petitioner after recording reasons and this Court, being the appellate court, has to consider irreversible consequences.
Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case
“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”
Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case
The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
Chhattisgarh HC acquits husband accused of having unnatural sex with wife under S. 377 IPC leading to her death
“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence
The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.
[Juvenile Justice Act] POCSO convict set free after Sikkim HC finds him to be a minor at the time of offence
The Court found that all the documentary evidence proved his DOB. The Court, however, upheld the conviction under POCSO and given the convicts minority, he was set at liberty having already served 3 years of his sentence.
[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence
To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.
Specific character assumed in a public auction cannot be changed to exploit the situation for personal gain:Bombay High Court
Participants in a public auction must maintain the character they assumed throughout the ensuing litigation, unless legally permitted by the Court. Changing character to exploit the situation for personal gain, especially at the expense of legitimate beneficiaries, is impermissible.
Limitation for appeal against acquittal can be condoned: Supreme Court
Supreme Court acknowledged that in case of special law prescribing a limitation period, Section 5 of the Limitation Act would have no application.
Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury
“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”
Honour Killing | Supreme Court commutes death sentence of man who killed newly married sister and her paramour
“It is well-settled law that awarding of life sentence is a rule and death is an exception. The application of the rarest of rare case principle is dependent upon and differs from case to case.”
When evidence unambiguously proves the guilt, absence of motive cannot weaken the conclusions: Supreme Court
The Supreme Court refused to grant the benefit of General Exception of unsoundness of mind under IPC in favour of the appellant, since he failed to discharge his burden of proof.
Madras High Court | Materials must be placed before the Court in order to extend the period of remand
Madras High Court: In a criminal appeal filed challenging the extension of the remand period from 90 days to 180
Kerala High Court upholds conviction of a father for sexually assaulting his minor daughter
“In a tradition-bound society like ours, particularly in rural areas, it would be quite unsafe to throw out the prosecution case merely on the ground that there was a delay in lodging the FIR.”
Lapse of a long period in deciding appeal cannot be a ground to award disproportionate and inadequate punishment: SC
Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that merely because a long period has lapsed by
Right of residence under DV Act is exclusive to and isolated from any right that may arise under S. 9 of Hindu Marriage Act, 1955: Del HC
Delhi High Court: Chandra Dhari Singh, J., addressed a matter wherein the right of residence was claimed by the wife. In the
HP HC | Sole independent witness credible enough to decide a case; Appeal against acquittal dismissed
Himachal Pradesh High Court: Anoop Chitkara, J., dismissed an appeal filed to challenge the acquittal of the respondents-accused, for causing simple hurt