Bringing you the Best Analytical Legal News
Kerala High Court held that in cases involving child victims, expressions used to describe the act of sexual assault must be interpreted in the factual context rather than through strict anatomical distinctions.
The Allahabad High Court held that the absence of specific casteist words in the FIR did not justify discharge where the Facebook post recovered during investigation and witness statements disclosed a prima facie case against the accused.
The Delhi High Court directed preservation of CCTV footage, an independent medical examination, and detailed reports from jail authorities after a Tihar inmate alleged custodial assault by the Head Warden, denial of medical treatment, and demand for illegal protection money.
the High Court observed that there can never be more shocking heinous crime when a father is charged for committing sexual assault on his own daughter.
The Kerala High Court upheld the conviction of a Madrassa teacher for offences under the POCSO Act, IPC, and Juvenile Justice Act, holding that a child survivor’s reliable and consistent testimony can independently sustain a conviction.
Supreme Court upheld the conviction of the husband under Sections 302 and 498-A IPC in a dowry death case, rejecting the claim of suicide. The Court held that medical evidence showed a case of homicidal hanging, supported by ante-mortem injuries and absence of typical ligature marks not suicide.
It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
“Where the passage of time has been so extraordinary that an accused has spent a larger part of his remaining life under the shadow of a pending criminal case, the punitive function of the law inevitably loses much of its practical and moral force.”
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
“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.”
“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.”
“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.”
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.
“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).”
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.
“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.”
The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.
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.
To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.
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.