Media Trial, Sexual Assault, Judicial Over-Reach, Hate Speech, COVID-19 Updates and much more covered in over 90 topics | Bombay High Court’s Year-End Roundup 2021
Let’s sail into these 124 Judgments carefully selected and briefed in the year 2021.
sexual assault
SL CoA | Is it practically impossible to commit Rape without committing Grave Sexual Abuse? Court discusses
Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of K Priyantha Fernando and Sampath B Abayakoon,
‘Sexual perversity is a social menace’: Cal HC upholds order of framing charges against Stepfather; Lays guidelines for effective protection of child victim’s identity under POCSO Act
Calcutta High Court: While expressing that, Sexual perversity is not only a personal disease, but also a social menace; The act itself
‘Purpose of POCSO Act is to treat minors as a class by itself so that an attempt to abuse minor entails graver consequences’: Del HC stresses upon purpose of POCSO Act
Delhi High Court: While observing that, rape is an offence which not only violates the physical body of the survivor but is
Clarified | Difference between ‘FIR’ & ‘Zero FIR’: Woman alleged to have been kept as a hostage and repetitively raped, approached police station but PS GTB Enclave denied filing an FIR || Read Del HC’s decision
Delhi High Court: Subramonium Prasad, J., expressed that, “…it is unfortunate that institutions that are supposed to protect the life and liberty
Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]
Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder
POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers
Allahabad High Court: Anil Kumar Ojha, J., while addressing a matter of child sexual assault, expressed that, Putting penis into the mouth
POCSO| “Touch”, “physical contact” can’t be restricted to “skin to skin contact”; “sexual intent” is the key. SC reverses Bombay HC’s “dangerous precedent”
“The reasoning in the High Court’s judgment quite insensitively trivializes – indeed legitimizes – an entire range of unacceptable behaviour which undermines a child’s dignity and autonomy, through unwanted intrusions.”
Telangana HC | Mother allows her live-in partner to sexually assault minor daughter continuously: Bail application rejected
Telangana High Court: G. Sri Devi, J., rejected a bail application on noting the fact that a minor girl was continuously sexually
Madras HC | Schools to keep a complaint box to make victims complain about sexual assault freely
Madras High Court: P. Velmurugan, J., directs Schools to keep a complaint box to make the victims complain about the sexual assault
J&K HC | Is taking off trousers of victim as well as taking off one’s own trousers an attempt to rape? HC clarifies distinction between indecent assault and attempt to rape
Jammu and Kashmir High Court: Sanjeev Kumar, J., granted bail to the applicant in arrested in a rape case. While clarifying the
Destruction of crucial evidence, calculated narrative, conduct not natural of rape victim, et al.: 22-pointer comprehensive analysis of the 527-pages judgment of Sessions Court acquitting rape-accused Tarun Tejpal
District and Sessions Court at Panaji: After a trial which went on for 7 years 2 months and 25 days, Kshama M.
Del HC | In a case of sexual assault, can Court act upon the testimony of a child victim? Can accused be convicted based upon the same? Read on
Delhi High Court: Manoj Kumar Ohri, J., stressed the reliability of the child victim’s testimony in a sexual assault case and upheld
Pat HC | Bias and prejudices, conjectures and surmises and personal views contrary to material on record have no place in court of law: HC says Trial Judge needs special training at Judicial Academy. Read why
Patna High Court: Birendra Kumar, J., while addressing the matter stated that the present judgment as well as the Trial Court’s Judgment
Legislative definition of ‘mentally incapacitated’ does not include a person who is voluntarily intoxicated by alcohol. Minnesota SC reverses rape conviction
Supreme Court of Minnesota: While deciding instant matter wherein the Court had to determine whether the appellant committed a third-degree criminal sexual
Convicted for “invitation for sexual touching” and acquitted from “sexual assault”; Supreme Court of Canada guides Appellate Courts on inconsistent jury verdicts
Supreme Court of Canada: The Bench comprising of Wagner C.J., and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ., addressed
Tri HC | Strong prima facie case leaves no ground for custodial immunity; Court rejects bail application in matter of Ss. 377 and 506 of IPC and S. 6 of POCSO
Tripura High Court: S.G. Chattopadhyay J., rejected a bail application which was filed in the matter of an FIR registered under Sections
Jhar HC | A Newspaper reports about sexual assault incident along with sum and substance of FIR lodged with no disclosure of victim’s name. Will defamation provision under Ss. 500 or 501 IPC be applied on publisher, editor, etc.?
Jharkhand High Court: Ananda Sen, J., while addressing the instant matter with regard to the application of Section 228A of Penal Code,
Bom HC | “Opening zip of pants”, Does it NOT “fit in the definition of sexual assault” under POCSO Act? Bom HC says so
Bombay High Court: Pushpa V. Ganediwala, J., altered the conviction of the appellant who was accused of sexually assaulting a minor child
No sexual assault if no ‘skin to skin’ contact? Supreme Court stays Bombay High Court’s “dangerous precedent” on POCSO Act
Attorney General for India K. K. Venugopal brought to the Court’s notice that the Nagpur Bench of Bombay High Court has passed a judgment dated 19.01.2021 is likely to set “a dangerous precedent”.