Justice Ranjan Sharma Archives

Penetrative sexual assault under POCSO Act

Penetration “to any extent” amounts to penetrative sexual assault under Section 3, POCSO Act even in absence of injury: Himachal Pradesh HC

Himachal Pradesh High Court held that the Trial Court had rightly concluded that the appellant was guilty of aggravated penetrative sexual assault under the POCSO Act. The offence is punishable under Section 6 of the Act, which prescribes a minimum sentence of 20 years’ imprisonment.

regularisation of 13-years daily-wage service

Case Briefs High Courts

Himachal Pradesh HC grants notional pension to family after regularising deceased employee’s 13 years of daily-wage service

“The deceased employee had rendered continuous daily waged service for 13 years from 1985 till his regularization, which worked out to be 2 years regular service after giving weightage of 1-year regular service in lieu of 5 years of daily wages service, and had rendered 9 years of regular service, making it a total of 11 years.”

Case Briefs High Courts

‘Freedom fighters responsible for benefits enjoyed by bureaucrats’; Himachal Pradesh HC directs payment of Swatantrata Sainik Pension to widow

“Union of India had rejected the claim over unsustainable reasons despite being reminded time and again, by law, of their obligations and their pronouncements for the faith of the freedom fighters.”

Case Briefs High Courts

Medical claims under beneficial State policy should not be denied on flimsy or irrelevant grounds: Himachal Pradesh HC

“Once a medical reimbursement claim is admissible under a beneficial policy of the State Government, it cannot be denied or curtailed on flimsy or irrelevant grounds.”