'No Evidence That Victim Was Enticed, She Was Fully Aware Of Consequences': Calcutta HC Sets Aside Conviction For Kidnapping Minor
2 years, 7 months ago

'No Evidence That Victim Was Enticed, She Was Fully Aware Of Consequences': Calcutta HC Sets Aside Conviction For Kidnapping Minor

Live Law  

The Calcutta High Court has recently set aside the conviction of an accused for commission of the offence under Section 361 of the IPC after observing that the minor victim was fully aware of the consequences of her going away with the accused and that there is no evidence that she was induced or enticed by the accused. Justice Bibek Chaudhuri observed, "In the instant case, there is absolutely no evidence that the victim girl was induced or enticed by the appellant. For the reasons stated above and in view of the fact that the victim was fully aware of the consequences of her going away with the appellant, the appellant cannot be held liable under Section 361 of the Indian Penal Code punishable under Section 363 of the Indian Penal Code." Sajid v. State of West Bengal wherein the Court had held that through the victim girl was under 18 years of age on the date of commission of offence, when the prosecution failed to prove that the victim was either induced to go with the accused or that the accused took her away from her lawful guardianship, he cannot be held guilty for committing offence under Section 363 of the IPC.

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History of this topic

Days after woman’s ‘abduction’, Jalandhar man arrested
3 months, 2 weeks ago

Days after woman’s ‘abduction’, Jalandhar man arrested

Hindustan Times  

The police have arrested a man for allegedly abducting a 20-year-old Jalandhar woman who was found lying unconscious in Delhi on September 4. Days after woman’s ‘abduction’, Jalandhar man arrested The arrested man, identified as Balwinder Singh, has been booked under Sections of 127 of the Bharatiya Nyaya Sanhita, but cops say they are being pressurised by the family and …

UP court orders arrest of AAP MP Sanjay Singh in 23-year-old case, asks police to produce him on August 28
4 months ago

UP court orders arrest of AAP MP Sanjay Singh in 23-year-old case, asks police to produce him on August 28

India TV News  

A Sultanpur court in Uttar Pradesh on Tuesday ordered the arrest of Aam Aadmi Party MP Sanjay Singh in 23-year-old case and asked the police to produce him before it on August 28. The court took strong objection to Sanjay Singh skipping the hearing in a two-decade-old case. Their advocate, Madan Singh, said a bail petition for Singh and Sanda …

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
6 months ago

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Live Law  

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in …

Calcutta High Court Refuses Urgent Listing Of Plea Seeking 'Protection' For Women In Violence-Affected Sandeshkhali
10 months ago

Calcutta High Court Refuses Urgent Listing Of Plea Seeking 'Protection' For Women In Violence-Affected Sandeshkhali

Live Law  

The Calcutta High Court on Monday refused urgent hearing for a plea seeking orders for the 'protection of women residents' of Sandeshkhali, West Bengal, amidst allegations of sexual violence faced by them from certain miscreants allegedly belonging to the ruling dispensation.Live Law had earlier reported on a suo moto motion taken up by the Calcutta High Court regarding the aforesaid …

Lakhimpur Kheri Case : Supreme Court Allows Ashish Mishra To Stay In Delhi For Treatment Of Mother & Daughter
1 year, 2 months ago

Lakhimpur Kheri Case : Supreme Court Allows Ashish Mishra To Stay In Delhi For Treatment Of Mother & Daughter

Live Law  

The Supreme Court on Tuesday allowed Ashish Mishra, the prime accused in the Lakhimpur Kheri case, to visit and stay in the National Capital Territory of Delhi to look after his ailing mother and to get treatment for his daughter.A bench comprising Justices Surya Kant and Dipankar Datta modified the condition for the interim bail imposed as per the order …

Supreme Court stays arrest of woman lawyer who went to Manipur as part of fact-finding team and held press meet
1 year, 5 months ago

Supreme Court stays arrest of woman lawyer who went to Manipur as part of fact-finding team and held press meet

The Hindu  

The Supreme Court on July 11 stayed the arrest of a woman lawyer who took part in a fact-finding mission to violence-hit Manipur and subsequently held a press meet for the National Federation of Indian Women. Appearing before a Bench led by Chief Justice of India D. Y. Chandrachud in an urgent mentioning, senior advocate Siddharth Dave said the lawyer, …

Rahul Gandhi to move Supreme Court to get stay on defamation case conviction
1 year, 5 months ago

Rahul Gandhi to move Supreme Court to get stay on defamation case conviction

India Today  

The Congress party on Friday said it will file an appeal with the Supreme Court against the Gujarat High Court's ruling that upheld the order denying a stay on the conviction of Congress leader Rahul Gandhi in a defamation case over his 2019 Modi surname remark, thereby rejecting his plea on Friday. KC Venugopal, AICC general secretary, said the party …

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter
1 year, 5 months ago

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter

News 18  

The Calcutta High Court recently suspended the sentence of a woman who was convicted for murdering her six-year-old step-daughter by poisoning. “There is no certainty of the appeal being finally decided at an early date given the large number of cases pending, and also on an overall appreciation and assimilation of the nature and quality of the evidence on record, …

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday
1 year, 7 months ago

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday

Live Law  

Justice Hemant M. Prachchhak of Gujarat High Court will on April 29 hear the plea filed by disqualified MP and Congress Leader Rahul Gandhi seeking a stay on his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in Kolar in April 2019. On April 25, Gandhi approached the …

Allahabad High Court Weekly Round-Up: January 2 To January 8, 2023
1 year, 11 months ago

Allahabad High Court Weekly Round-Up: January 2 To January 8, 2023

Live Law  

NOMINAL INDEX Gyan Prakash Singh vs. State of U.P. And Anr 2023 LiveLaw 4 Zahid Khatoon vs. Nurul Haque Khan 2023 LiveLaw 5 ORDERS/JUDGMENTS OF THE WEEK Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court Case title - Gyan Prakash Singh vs. State of U.P. “Be Careful In …

Supreme Court ruling to decide fate of 13 pending sedition cases | Details
2 years, 7 months ago

Supreme Court ruling to decide fate of 13 pending sedition cases | Details

India Today  

With the Supreme Court of India granting the Centre a day to take instructions on what can be done about pending cases and how the government will handle future cases, India Today takes you through some of the cases that are currently pending in various courts across the country. Among the sedition cases currently pending in various courts are: Lok …

'Attempt To Suppress Incident': Calcutta HC Orders CBI Probe Into Hanshkhali Gangrape & Murder Case, Report To Be Submitted By May 2
2 years, 8 months ago

'Attempt To Suppress Incident': Calcutta HC Orders CBI Probe Into Hanshkhali Gangrape & Murder Case, Report To Be Submitted By May 2

Live Law  

The Calcutta High Court on Tuesday ordered a CBI investigation into the Hanshkhali gangrape and murder case.According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she was allegedly gangraped by the son of a panchayat member owing allegiance to the Trinamool Congress and others in West Bengal's Nadia district. The Calcutta High …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 8 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Delhi: Murder convict who jumped parole rapes woman on pretext of curing ailment, arrested
2 years, 9 months ago

Delhi: Murder convict who jumped parole rapes woman on pretext of curing ailment, arrested

India Today  

Delhi police arrested a 32-year-old man convicted in murder, robbery, dacoity and attempt to murder cases for allegedly raping a woman on the pretext of curing an ailment. Police said that the accused, Suraj alias Bhagat, sexually assaulted a woman after claiming that he could cure her epilepsy through black magic. Deputy Commissioner of Police, Special Cell, Pramod Singh Kushwah, …

"Serious Issue": Gujarat HC On Lawyer's Plea Alleging That He Was Illegally Detained By Police Officer For Advising Client
2 years, 9 months ago

"Serious Issue": Gujarat HC On Lawyer's Plea Alleging That He Was Illegally Detained By Police Officer For Advising Client

Live Law  

The Gujarat High Court today took a serious note of a plea moved by an advocate who sought to initiate contempt of court proceedings against a police officer for violation of guidelines laid down by the Supreme Court of India in Arnesh Kumar v. State Of Bihar, by alleging that the officer/alleged contemnor detained him on account of a previous …

Uthra Murder: Suraj Prefers Appeal Against His Conviction, Kerala High Court Issues Notice To State
2 years, 11 months ago

Uthra Murder: Suraj Prefers Appeal Against His Conviction, Kerala High Court Issues Notice To State

Live Law  

In a further development in the Uthra murder case, the Kerala High Court on Tuesday admitted an appeal preferred by Suraj, challenging his conviction by the Kollam Additional District and Sessions Court for throwing a starving cobra on his wife while she was asleep, to induce her death by snakebite.A Division Bench comprising Justice K. Vinod Chandran and Justice C. …

Supreme Court Directs Maharashtra Police To Not File Chargesheet Against Param Bir Singh; Seeks CBI's Views On Taking Over Probe
3 years ago

Supreme Court Directs Maharashtra Police To Not File Chargesheet Against Param Bir Singh; Seeks CBI's Views On Taking Over Probe

Live Law  

The Supreme Court on Monday restrained the Maharashtra police from filing chargesheets in the FIRs against the now suspended former Mumbai Police Commissioner Param Bir Singh, but allowed the investigation to proceed.The Court also sought the views of the Central Bureau of Investigation regarding taking up the investigation in the FIRs registered by Maharashtra Police against Param Bir Singh. The …

Param Bir Singh moves court for scrapping non-bailable warrant, proclaimed offender order
3 years ago

Param Bir Singh moves court for scrapping non-bailable warrant, proclaimed offender order

India Today  

Former Mumbai Police Commissioner Param Bir Singh has filed an application at the Esplanade court for cancellation of the non-bailable warrant and the order of proclaimed offender against him. Along with Param Bir Singh, the FIR also names dismissed police officer Sachin Vaze, and four others- Sumit Singh alias Chintu, Alpesh Patel, Vinay Singh alias Bablu, and Riyaz Bhati. Param …

Supreme Court Refuses To Entertain West Bengal Govt's Plea Seeking Permission To Appoint DGP Without UPSC's Involvement
3 years, 3 months ago

Supreme Court Refuses To Entertain West Bengal Govt's Plea Seeking Permission To Appoint DGP Without UPSC's Involvement

Live Law  

The Supreme Court on Friday refused to entertain an application filed by the West Bengal Government seeking permission to appoint its own Director General of Police without Union Public Service Commission's involvement. Senior Advocate Siddharth Luthra, appearing for the West Bengal Government, sought permission to withdraw the application after the bench expressed disinclination to entertain it. Asserting that the State …

Won’t arrest ex-CP till June 9 if he cooperates in Atrocities case probe: Maha Govt to HC
3 years, 6 months ago

Won’t arrest ex-CP till June 9 if he cooperates in Atrocities case probe: Maha Govt to HC

India TV News  

The Maharashtra government on Monday said it would not arrest former Mumbai police commissioner Param Bir Singh in a case registered against him under the SC/ST Act till June 9 provided he cooperates with the investigation into the case. Senior counsel Darius Khambata, appearing for the state government, made the statement before a vacation bench of Justices S S Shinde …

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