NRJ Series| Evidence of related eyewitness can be accepted without corroboration [(1953) 2 SCC 604]
This report covers the Supreme Court’s Never Reported Judgment, on related eyewitness, dating back to the year 1953.
IPC
‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC
To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings
“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”
Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar
The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man
The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.
‘FIR was filed with an ulterior motive of wreaking vengeance on the husband’s family’: Bombay HC quashes woman’s FIR against in-laws alleging cruelty
The instant FIR was nothing, but a shot fired by the husband from his wife’s shoulders to espouse his own interest in the father’s property.
‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused
It was said that since all sub-sections of Section 354A of IPC start with the words ‘a man’, a female accused would not be covered under this Section.
Whether defamatory allegations made in arguments before a Court, can form a basis for prosecution for defamation? J&K and Ladakh HC answers
This was a case where the act of defamation took place in Jaipur, where certain allegations regarding the respondent’s association with Hizbul Mujahiddin were levelled by the counsel for the petitioner.
‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape
The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.
Mumbai Court denies bail to woman who falsely represented as a Supreme Court lawyer and duped builders of huge amount of money
The Court stated that the accused had not only cheated the public at large but also attempted to disrespect the noble legal profession.
Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court
No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty
The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.
[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years
The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit
‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case
“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”
Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions
The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.
‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence
The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.