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In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.
The Delhi High Court stated that the period of sentence served by a convict is only one of the several factors that are to be taken into consideration while adjudicating an application seeking suspension of sentence.
Sikkim High Court opined that the prosecution’s case was established beyond all reasonable doubt following which they found no reason to differ from the findings of the Trial Court
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
A quick legal roundup to cover important stories from all High Courts this week.
The Court stated that, while it is important that litigants including the State, are accorded the same treatment and the law is administered even- handedly; however, a little latitude is considered by the Courts when the State is the seeking condonation of delay.
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.
Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.
A quick recap of Bail cases passed by the Supreme Court and High Courts in the month of April 2024 along with some top stories on Arvind Kejriwal seeking Interim Bail; Puthiyakavu Temple blast; and more.
The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.
Supreme Court noted that medical termination of pregnancy is sought for a minor who is 14, and this pregnancy is alleged to be an emanation from a sexual assault, and that the minor was unaware of the fact that she was pregnant until a very late stage.
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
A quick legal roundup to cover important stories from all High Courts in March 2024
Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
Justice Ritu Raj Awasthi was functioning as the Chairperson of Law Commission of India and resigned from this post on 26-03-2024 after a tenure of 17 months.
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”