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The incident pertains to the year 2009, there was intimacy between the appellant and the prosecutrix, which could not be recognized due to the prosecutrix being minor. Now, both the appellant and the prosecutrix are settled in their respective married lives, and the prosecutrix has also expressed her desire not to contest the case.
The Madras High Court also reiterated that an aggravated offence under Section 376(2)(f) IPC requires specific proof that the accused was in a position of trust or authority over the victim, which cannot be inferred merely from a relationship.
The Court held that the evidence did not disclose any specific overt act towards the commission of rape under Sections 376/511 IPC but established an assault with the intention or knowledge that it was likely to outrage the prosecutrix’s modesty, warranting alteration of the conviction to Section 354 IPC while upholding the conviction under Section 452 IPC.
The High Court held that the victim’s testimony was natural, credible and inspiring of confidence, while the trial court’s appreciation of evidence was not only unreasonable but perverse, rendering its conclusions untenable and contrary to any possible view of the evidence.
The Court noted that the presence of the appellant at the time of occurrence at the scene of crime has not been proved beyond reasonable doubt and no active role has been assigned to him and the chain of the evidence is not consistent only with the hypothesis of the guilt of the accused.
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.