Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]
7 years, 7 months ago

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]

Live Law  

The Delhi High Court recently directed the Trial Court to proceed against a prosecutrix for leveling false allegations of gang-rape against two Delhi-based doctors.While the Court acknowledged that “ordinarily no woman would falsely implicate someone in a rape case owing to social stigma attached to the offence”, it noted that it has come across false rape charges “when someone tutored. The Delhi High Court recently directed the Trial Court to proceed against a prosecutrix for leveling false allegations of gang-rape against two Delhi-based doctors. While the Court acknowledged that “ordinarily no woman would falsely implicate someone in a rape case owing to social stigma attached to the offence”, it noted that it has come across false rape charges “when someone tutored a gullible daughter or a disgruntled employee levelled false allegations to seek vengeance”. Thereafter, observing that it was prima facie satisfied that there was “a conscious and deliberate effort to misuse the process of law to initiate false proceedings” against the Respondents, it directed the Trial Court to proceed against the complainant and Mr. Ram Pravesh for giving false evidence to the Court under Section 340 of the Cr.P.C.

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History of this topic

HC refuses to stay ‘hate speech’ case against Delhi Minister Kapil Mishra
Top News
4 days, 6 hours ago

HC refuses to stay ‘hate speech’ case against Delhi Minister Kapil Mishra

The Hindu  

The Delhi High Court on Tuesday declined to stay trial court proceedings against Delhi Law Minister and senior Bharatiya Janata Party leader Kapil Mishra for allegedly posting “communally polarising” messages on social media ahead of the 2020 Delhi Assembly election. Justice Ravinder Dudeja issued notice to Delhi Police on the Karawal Nagar MLA’s plea challenging a sessions court order dismissing …

Delhi HC refuses to immediately stay trial proceedings against Kapil Mishra
Trending News
4 days, 18 hours ago

Delhi HC refuses to immediately stay trial proceedings against Kapil Mishra

Hindustan Times  

The Delhi high court on Tuesday refused to immediately stay trial court proceedings against law minister Kapil Mishra over his allegedly inflammatory tweets ahead of the 2020 assembly elections. Jethmalani said Mishra’s appeal before the high court would become infructuous in case the trial court framed charges. “In the meantime, let the trial court continue with the proceedings.” Justice Dudeja …

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
1 week, 3 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

Not Coherent: Delhi HC Uphold's Dismissal Of Woman's Complaint Claiming She Survived 25 Gunshots Using Ayurvedic Medicines, Without Surgery
2 weeks, 1 day ago

Not Coherent: Delhi HC Uphold's Dismissal Of Woman's Complaint Claiming She Survived 25 Gunshots Using Ayurvedic Medicines, Without Surgery

Live Law  

The Delhi High Court has upheld the dismissal of a woman's complaint who claimed that she survived about 25 gunshot wounds in her head and heart using ayurvedic medicines without surgery or going to the hospital. Justice Anup Jairam Bhambhani upheld a trial court order dismissing the woman's criminal revision petition against a magisterial order dismissing her complaint and also …

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
2 weeks, 3 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case
2 weeks, 4 days ago

Delhi HC junks plea against 30-year-old order acquitting 16 in 1984 riots case

Hindustan Times  

The Delhi high court has refused to accept an appeal put forward by the Delhi Police against a 30-year-old city court’s order to acquit 16 people in connection with a case stemming from the 1984 anti-Sikh riots. While this court is conscious of the large-scale quantum of human lives and property during the 1984 riots, after having seen the quantum …

Maliwal assault case: Delhi Police challenges order on supply of list of documents to Bibhav Kumar
Trending News
2 weeks, 4 days ago

Maliwal assault case: Delhi Police challenges order on supply of list of documents to Bibhav Kumar

Hindustan Times  

New Delhi, Delhi Police on Tuesday sought setting aside of an order over the supply of list of documents to Bibhav Kumar, an aide of former CM Arvind Kejriwal, in the Swati Maliwal assault case. Maliwal assault case: Delhi Police challenges order on supply of list of documents to Bibhav Kumar Justice Vikas Mahajan asked the Delhi Police counsel to …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
2 weeks, 4 days ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

Rape cases involving false marriage promises need clear evidence: Delhi HC
2 weeks, 5 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Supreme Court quashes chargesheet against former Army officer in rape case
3 weeks, 4 days ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications
1 month ago

'Essentially A Conviction Order' : Supreme Court Judge Raises Concerns About Delhi HC's Long Orders In Anticipatory Bail Applications

Live Law  

While dealing with a bail matter, Justice Surya Kant of the Supreme Court today expressed strong disapproval of Delhi High Court orders disposing of anticipatory bail pleas running into 30-40 pages. High Court writing 30-40 pages while disposing of anticipatory bail is hinting the trial court that here is reason for you to convict. Vide the impugned 34-page order of …

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court
1 month, 1 week ago

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court

Live Law  

The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also …

Delhi HC issues notice to CM Atishi on plea challenging quashing of defamation case
Trending News
1 month, 2 weeks ago

Delhi HC issues notice to CM Atishi on plea challenging quashing of defamation case

New Indian Express  

NEW DELHI: The Delhi High Court has issued a notice to Chief Minister Atishi in response to a petition filed by BJP leader Praveen Shankar Kapoor, challenging a trial court decision to quash a defamation case against her. Kapoor’s petition stems from a trial court ruling that had set aside the summons issued to Atishi in a defamation complaint. Burman, …

Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case
1 month, 2 weeks ago

Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case

Live Law  

BJP leader Praveen Shankar Kapoor has moved the Delhi High Court challenging the quashing of summons issued to Chief Minister Atishi by a trial court in a defamation case filed by him. The defamation case was filed over the claims that Aam Aadmi Party leaders were approached by Bhartiya Janta Party to join them in return of crores of cash.Justice …

Delhi HC to hear BJP leader's plea against CM Atishi in defamation case on February 3
1 month, 2 weeks ago

Delhi HC to hear BJP leader's plea against CM Atishi in defamation case on February 3

The Hindu  

The Delhi High Court will hear a BJP leader's plea challenging an order dismissing his defamation case against Chief Minister Atishi on Monday. In his plea, Praveen Shankar Kapoor said while rejecting the defamation complaint and quashing the summons issued by a magisterial court, the special judge went "beyond" the scope of his power in law. According to the complaint …

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC
1 month, 3 weeks ago

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. Essentially, the Magistrate Court had …

SC orders Haryana to pay ₹500,000 each to 3 men wrongly convicted of murder
1 month, 3 weeks ago

SC orders Haryana to pay ₹500,000 each to 3 men wrongly convicted of murder

Hindustan Times  

NEW DELHI: The Supreme Court on Wednesday directed the Haryana government to pay ₹5 lakh each in compensation to three men who were wrongfully convicted of murder and sentenced to life imprisonment, holding the public prosecutor responsible for the miscarriage of justice and highlighting systemic flaws in the appointment of prosecutors based “solely on political considerations” rather than merit. The …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Supreme Court Stays Criminal Proceedings Against Rahul Gandhi For Remarks Against Shah
2 months ago

Supreme Court Stays Criminal Proceedings Against Rahul Gandhi For Remarks Against Shah

ABP News  

The Supreme Court on Monday stayed trial court proceedings against Congress leader and Leader of Opposition Rahul Gandhi in a criminal defamation case filed against him for alleged defamatory remarks against Union Home Minister Amit Shah. Gandhi has challenged the Jharkhand High Court order, which rejected his petition to quash proceedings against him in a trial court in connection with …

Delhi court acquits man in 2021 rape case
2 months, 1 week ago

Delhi court acquits man in 2021 rape case

Hindustan Times  

New Delhi, : A Delhi court has acquitted a man accused of raping his sister-in-law, saying her testimony was not of "sterling quality". Delhi court acquits man in 2021 rape case Further, additional sessions judge Anuj Agrawal acquitted her husband of cruelty charges pointing out inconsistencies in her statement. In its verdict on January 4, the court said the prosecution’s …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 1 week ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
2 months, 1 week ago

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

Live Law  

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment. The Court was also aghast to note that the Gujarat High Court did not …

Trial court can summon accused despite police clean chit, says Supreme Court
2 months, 2 weeks ago

Trial court can summon accused despite police clean chit, says Supreme Court

Hindustan Times  

New Delhi A clean chit or closure report filed by the police cannot circumscribe the trial court’s power to summon individuals as accused, the Supreme Court has held, reinforcing the vital role of courts in safeguarding justice by independently assessing evidence presented during criminal trials. Trial court can summon accused despite police clean chit, says Supreme Court “The trial court …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case
2 months, 3 weeks ago

Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case

Live Law  

The Punjab & Haryana High Court acquitted a man in rape case observing discrepancy in the prosecutrix's testimony and that the alleged sexual intercourse was consensual as the clothes of the prosecutrix were not torn at the crime site.Justice Sureshwar Thakur and Justice Kirti Singh said, "The existence of untorn clothes of the prosecutrix, at the crime site, also is …

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
3 months ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'
3 months ago

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Live Law  

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots. Justice Anish Dayal rejected Malik's plea against the trial court order that framed charges against him for the offences under Sections 147, 148, 427, 435 ten rupees), 436, 450, 149 and 188 of …

IIT-BHU gang rape case: Victim allowed cross-examination via video conferencing
3 months, 1 week ago

IIT-BHU gang rape case: Victim allowed cross-examination via video conferencing

Hindustan Times  

A Varanasi court partially accepted a plea from the Indian Institute of Technology-Banaras Hindu University gang rape victim, seeking permission to appear in court for cross-examination through video conferencing. The court ordered that the cross-examination statement of the plaintiff/victim be recorded on the scheduled dates in the Vulnerable Witness Room located within the court premises. From a protest in November …

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males
3 months, 2 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law  

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
3 months, 2 weeks ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

Arvind Kejriwal seeks pause on trial court proceedings in Delhi liquor policy case
4 months ago

Arvind Kejriwal seeks pause on trial court proceedings in Delhi liquor policy case

India Today  

Former Delhi Chief Minister Arvind Kejriwal has approached the High Court against trial court's order taking note of a prosecution complaint filed by the ED against him in a money laundering case linked to the liquor policy case. In other words, Kejriwal sought a pause on the trial court proceedings in the money laundering case. In July, Delhi's Rouse Avenue …

Delhi HC asks ED to respond to Kejriwal’s plea challenging summons
4 months, 1 week ago

Delhi HC asks ED to respond to Kejriwal’s plea challenging summons

The Hindu  

The Delhi High Court on Tuesday asked the Enforcement Directorate to file reply to a plea by Aam Aadmi Party leader Arvind Kejriwal challenging the summons issued to him in a money laundering case related to the alleged Delhi excise scam. Mr. Kejriwal has challenged a trial court’s September 17 order rejecting his plea challenging the summons issued to him …

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
4 months, 1 week ago

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law  

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI
Trending News
4 months, 1 week ago

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

Live Law  

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Findings of the Court: The Court referred to the Standing Order which specified the Guidelines in Clause 3, stating that an …

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
4 months, 1 week ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

Defamation case: SC relief for AAP leaders
5 months, 3 weeks ago

Defamation case: SC relief for AAP leaders

Hindustan Times  

The Supreme Court on Monday stayed criminal defamation proceedings against Aam Aadmi Party convener Arvind Kejriwal and Delhi chief minister Atishi in a case related to a statement made in 2018 that accused the Bharatiya Janata Party of facilitating the alleged deletion of 3 million voters from electoral rolls ahead of the 2019 Lok Sabha elections. AAP chief Arvind Kejriwal …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
5 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

SC says it will consider listing pleas challenging marital rape exception soon
6 months ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

Delhi HC halts final order on charges in 2020 riots case amid plea for evidence access
6 months, 1 week ago

Delhi HC halts final order on charges in 2020 riots case amid plea for evidence access

New Indian Express  

NEW DELHI: The Delhi High Court on Thursday directed the trial court not to issue a final order on framing charges in the alleged larger conspiracy behind the 2020 northeast Delhi riots till September 23. The order came in response to a plea by Devangana Kalita, one of the accused, seeking access to certain videos and WhatsApp chats that she …

2020 Delhi riots case: HC asks trial court not to pass order on charges till Sep 23
6 months, 1 week ago

2020 Delhi riots case: HC asks trial court not to pass order on charges till Sep 23

Hindustan Times  

New Delhi, The Delhi High Court on Thursday asked the trial court not to pass a final order on framing of charges till September 23 in connection with the case of alleged larger conspiracy behind the 2020 northeast Delhi riots. 2020 Delhi riots case: HC asks trial court not to pass order on charges till Sep 23 The high court’s …

BJP MP Brij Bhushan moves Delhi HC against trial in local court
6 months, 3 weeks ago

BJP MP Brij Bhushan moves Delhi HC against trial in local court

The Hindu  

Bharatiya Janata Party leader Brij Bhushan Sharan Singh has moved the Delhi High Court challenging the ongoing trial before a local court in relation to the sexual harassment allegations against him levelled by women wrestlers. Mr. Singh has sought the quashing of legal proceedings, including the FIR and the trial court order that framed charges against him. A Delhi court …

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
7 months ago

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man

Live Mint  

The apex court criticised the verdict last year and termed some of the high court's observations “highly objectionable and completely unwarranted.” The Supreme Court of India has today restored the conviction of a man who raped a minor girl after he was acquitted by the Calcutta High Court, which in its judgement asked adolescent girls to "control their sexual urges", …

Defamation case: SC to hear Kejriwal's plea against summons on Monday
7 months, 1 week ago

Defamation case: SC to hear Kejriwal's plea against summons on Monday

Deccan Chronicle  

New Delhi: The Supreme Court is scheduled to hear on Monday a plea of Chief Minister Arvind Kejriwal challenging a Delhi High Court order upholding the summons issued to him in a criminal defamation case for retweeting an allegedly defamatory video circulated by YouTuber Dhruv Rathee in May 2018. Kejriwal had on February 26 told the apex court that he …

Supreme Court to hear marital rape pleas next week
7 months, 2 weeks ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 2 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court
7 months, 3 weeks ago

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court

Hindustan Times  

The Supreme Court on Thursday questioned the conduct of Delhi chief minister Arvind Kejriwal’s political aide Bibhav Kumar in a case of alleged assault of Rajya Sabbha member Swati Maliwal and said it was shocked by the manner in which the incident took place at the chief minister’s residence, even as it issued notice on Kumar’s bail plea and listed …

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court
7 months, 3 weeks ago

Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently underscored the crucial role of magistrates in applying their minds judiciously before issuing processes in criminal complaints, especially those pertaining to defamation. Highlighting the responsibility of a Magistrate in such cases the court remarked, “It cannot be a casual or mechanical exercise, particularly in cases relating to defamation.The responsibility of …

Delhi court directs police to take action against woman for false rape complaint
7 months, 3 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

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