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The High Court stated that the record revealed a rather disquieting state of affairs. For years, the proceedings remained dormant without any meaningful progress, reducing the criminal trial to a mere formality.
The Delhi High Court acquitted a man convicted under Sections 363, 366 and 376 IPC, holding that the prosecutrix voluntarily accompanied and married the accused and that her minority was not conclusively established.
“Testimony of a Single Witness falls into the category of being neither wholly reliable nor wholly unreliable, the Court must exercise caution, look for corroboration and should not convict on that testimony alone.”
The Court found that it had been proved that the victim was forcibly kidnapped by the convict with the intention to marry and have intercourse with her. He not only outraged her modesty but also attempted to rape her by undressing her but failed due to her protest.
A wayward pet feline ‘Daisy’ went missing, leading to a complaint by the pet owner and subsequent filing of chargesheet against the petitioner levelling serious allegations such as insulting a woman’s modesty.
“The word “and” appearing in Section 482(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall have to be read as “or” to give effect to the intention of the legislature.”
“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.
“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”
In cases involving Section 376 IPC or the POCSO Act, Courts must exercise caution while quashing FIRs, as these offences impact societal interests. However, Delhi High Court acknowledged the unique circumstances where the petitioner and the prosecutrix, now married with children, had reached a settlement, balancing societal concerns with the realities of the parties’ lives.
The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.
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.
Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.
“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.
“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”
Taking into consideration the gravity of the matter, the Commission directed the authorities concerned to submit their response within twelve weeks.
Punjab and Haryana High Court pointed towards the irresponsible and callous approach of senior police officer who were also the members of SIT.
The present case confronts the situation where the father of the minor child had fortunately found his daughter who came back to the fold of his lawful guardianship, but not without facing hardships and stress as he did not know the progress of the case.