[Nun Rape Case] 'Its In The Interest Of All That Case Attains Finality At The Earliest', Kerala HC Dismisses Franco Mulakkal's Plea To Adjourn The Trial Due To COVID [Read Order]
4 years, 5 months ago

[Nun Rape Case] 'Its In The Interest Of All That Case Attains Finality At The Earliest', Kerala HC Dismisses Franco Mulakkal's Plea To Adjourn The Trial Due To COVID [Read Order]

Live Law  

The Kerala High Court on Thursday dismissed a petition filed by Former Bishop Franco Mulakkal seeking to adjourn the trial in the nun rape case citing a big spurt in COVID cases in Kerala. Argument put forth by Mulakkal's Counsel It was contended by Mulakkal's Counsel that the Sessions Case being of the year 2019, "the Court is showing undue haste by insisting to proceed with the trial". Earlier, in the month of August, the Supreme Court had dismissed the plea of Bishop Franco Mulakkal seeking discharge from the criminal trial in the nun-rape case. Notably, Bishop Franco Mullakkal had approached the Supreme Court challenging the judgment of Kerala High Court rejecting his plea seeking to discharge him from the rape case.

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History of this topic

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court
1 month, 1 week ago

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court

Live Law  

The Kerala High Court has increased the fine amount from rupees 25,000 to 50,000 for eight CPI leaders and workers who attacked C.Sadanandan Master, which led to the amputation of his legs. Political parties have to deal with or finish their political opponents in the electoral battlefield and not engage in bloodshed and remove the opponents from the face of …

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate
2 months ago

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate

Live Law  

The Kerala High Court has dismissed the appeal filed by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, who probed the case. Referring to Rule 5 of Indian Police Service Regulations, 1995, the Court said, “As per the scheme of the …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
4 months, 1 week ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 2 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala
8 months, 1 week ago

Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala

Live Law  

The Supreme Court on Tuesday stayed the execution of the death sentence given to Muhammed Ameer-Ul Islam, a migrant labourer from Assam, for committing the rape and murder of a law student in Perumbavoor on April 28, 2016.A bench comprising Justices BR Gavai, Sanjay Karol and KV Viswanathan, considering the appeal filed by the convict against the Kerala High Court's. …

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
9 months ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months, 1 week ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 2 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case
1 year, 1 month ago

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case

Live Law  

The Kerala High Court has granted bail to the relative of Arjun, who was acquitted in the rape and murder of a five-and-a-half-year-old minor girl at Vandiperiyar town in the Idukki district in 2021, accused of attacking the victim's family. "Indisputably, there is a case and counter case registered against the petitioner and the defacto complainant and their family members …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
1 year, 4 months ago

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

Live Law  

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. The appellant herein had filed an application before the Sub Court, Sulthanbathery, seeking condonation of delay of 3,366 days in filing an appeal against the decree and judgment in …

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court
1 year, 5 months ago

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji and observed thus: “In Sobhanakumari K. vs. Santhosh @ Pallan Shaji, a Division …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Supreme Court Dismayed At Gujarat High Court Delaying Rape Victim's Plea For Abortion; Says 'Valuable Time Lost'
1 year, 7 months ago

Supreme Court Dismayed At Gujarat High Court Delaying Rape Victim's Plea For Abortion; Says 'Valuable Time Lost'

Live Law  

The Supreme Court on Saturday held a special sitting to urgently hear the plea of a rape victim for termination of pregnancy which is nearing 28 weeks. The woman approached the Supreme Court after the Gujarat High Court refused her relief.A bench comprising Justices BV Nagarathna and Ujjal Bhuyan held the special sitting at 10.30 AM.The petitioner's lawyer Advocate Shashank …

Supreme Court Adjourns Hearing In SNC Lavalin Case At CBI's Request; Posts To September
1 year, 8 months ago

Supreme Court Adjourns Hearing In SNC Lavalin Case At CBI's Request; Posts To September

Live Law  

The Supreme Court on Tuesday adjourned the appeals filed by the Central Bureau of Investigation challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case to September 12.A bench comprising Justices Surya Kant and Dipankar Datta adjourned the hearing following a request made on behalf of Additional Solicitor General SV Raju, who. The …

Kerala High Court Stays Proceedings Against Actor Unni Mukundan In Sexual Harassment Case Based On Amicable Settlement Claim
1 year, 9 months ago

Kerala High Court Stays Proceedings Against Actor Unni Mukundan In Sexual Harassment Case Based On Amicable Settlement Claim

Live Law  

The Kerala High Court on Thursday stayed the trial proceedings against Malayalam film actor Unni Mukundan in a case where he is facing prosecution for offences under Sections 354 and Section 354-B of the Indian Penal Code,1860. “Under such circumstances, there is no chance of conviction in the above case, especially in the light of Annexure F sworn affidavit and …

‘Kerala nun will continue her fight’: Priest after Franco Mulakkal's resignation
1 year, 9 months ago

‘Kerala nun will continue her fight’: Priest after Franco Mulakkal's resignation

Hindustan Times  

A day after the resignation of Bishop Franco Mulakkal as Jalandhar Bishop, 'Save Our Sisters' campaigners on Friday said the survivor nun who had levelled rape charges against him would continue her fight for justice through the legal system. Augustine Vattoly, a senior Catholic priest who is the convenor of the forum, said Mulakkal's resignation is a small relief to …

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case
1 year, 10 months ago

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case

Live Law  

The Kerala High Court on Tuesday dismissed an application filed by Malayalam film actor Unni Mukundan challenging an order of the Sessions Court that confirmed the order of the trial court refusing to discharge the actor in a case where he is facing prosecution for offences under Sections 354 and Section 354-B and Section 354-B of the Indian Penal Code,1860. …

[Koodathayi Murder] Kerala High Court Refuses To Interfere With Sessions Court Order Dismissing Discharge Petition Of Jolly Joseph
2 years ago

[Koodathayi Murder] Kerala High Court Refuses To Interfere With Sessions Court Order Dismissing Discharge Petition Of Jolly Joseph

Live Law  

The Kerala High Court on Monday refused to interfere with the trial court proceedings against Jolly Joseph in connection with the murder of her first husband, Roy Thomas. Jolly had filed a revision petition challenging the order of the sessions court which had dismissed her discharge petition.Jolly Joseph is the prime accused in the infamous Koodathayi murders and has been …

Kerala High Court Lifts Stay On Trial Against Actor Unni Mukundan In Sexual Harassment Case; Woman Alleges False Settlement Claim Made
2 years, 1 month ago

Kerala High Court Lifts Stay On Trial Against Actor Unni Mukundan In Sexual Harassment Case; Woman Alleges False Settlement Claim Made

Live Law  

The Kerala High Court on Thursday vacated the stay previously granted by it on the trial proceedings initiated against Malayalam film industry actor Unni Mukundan in a case of sexual harassment, after the woman-complainant stated that the Court was earlier misled into believing that the matter has been settled.A single bench of Justice K Babu was hearing the matter. The …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
2 years, 1 month ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

Kerala High Court Reserves Order On Petitions Seeking Cancellation Of MLA Eldose Kunnappilly's Anticipatory Bail In Rape Case
2 years, 4 months ago

Kerala High Court Reserves Order On Petitions Seeking Cancellation Of MLA Eldose Kunnappilly's Anticipatory Bail In Rape Case

Live Law  

The Kerala High Court on Monday reserved its order on the petitions seeking cancellation of the order granting anticipatory bail to Congress MLA Eldhose Kunnappilly in the case accusing him of rape and attempt to murder of a woman. Justice Kauser Edappagath, during the arguments today, said:"Even in a case where 100 times you consent for sexual relations, if you …

Kerala High Court Permits MLA Eldhose Kunnappilly's Counsel To Peruse Case Documents Including Victim's 164 Statement
2 years, 4 months ago

Kerala High Court Permits MLA Eldhose Kunnappilly's Counsel To Peruse Case Documents Including Victim's 164 Statement

Live Law  

Hearing a petition seeking cancellation of the order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder, the Kerala High Court on Thursday permitted his counsel to examine the documents, including Section 164 CrPC statements of the victim, in the presence of the Court officer on Monday. The counsel …

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 4 months ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

Kerala Govt Approaches High Court For Cancellation Of MLA Eldhose Kunnappilly's Anticipatory Bail In Rape Case
2 years, 4 months ago

Kerala Govt Approaches High Court For Cancellation Of MLA Eldhose Kunnappilly's Anticipatory Bail In Rape Case

Live Law  

A Petition has been moved before the Kerala High Court by the state government challenging Thiruvananthapuram Court's order granting anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder.In the Petition, moved through Additional Public Prosecutor, it has been argued that the lower court erred in granting pre-arrest bail at the …

Complainant 'Highly Qualified', Shared 'Intense Relationship' With Accused: Kerala Court Grants Pre-Arrest Bail To Congress MLA In Rape Case
2 years, 5 months ago

Complainant 'Highly Qualified', Shared 'Intense Relationship' With Accused: Kerala Court Grants Pre-Arrest Bail To Congress MLA In Rape Case

Live Law  

The Additional Sessions Court at Thiruvananthapuram in Kerala, has granted anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder.ASJ Prasun Mohan in the order said the victim or rape survivor in her first complaint dated September 28 never "asserted" that the accused raped her "on any dates before the date …

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case
2 years, 5 months ago

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Live Law  

Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case. The Kerala State Government and the De Facto Complainant had approached the High Court challenging the anticipatory bail granted to Writer-Activist Civic Chandran, arguing that the order is …

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court
2 years, 7 months ago

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court

Live Law  

The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the delay as long as there are no willful latches and negligence on the part of the petitioner.Justice C.S. The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the …

Survivor Objects To Dileep Impleading In Her Plea Before Kerala High Court Seeking Fair Investigation In Actor Assault Case
2 years, 8 months ago

Survivor Objects To Dileep Impleading In Her Plea Before Kerala High Court Seeking Fair Investigation In Actor Assault Case

Live Law  

The survivor in the 2017 actor sexual assault case has filed an objection before the Kerala High Court against the impleading petition filed by actor Dileep in her plea where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case.In her objection, the survivor has contended that the …

Nun rape case: Decks cleared for Bishop Franco's return to pastoral duties
2 years, 9 months ago

Nun rape case: Decks cleared for Bishop Franco's return to pastoral duties

Firstpost  

Thiruvananthapuram: Decks have been cleared for former Jalandhar Bishop Franco Mulakkal’s return to the pastoral duties, as the Vatican has accepted a Kerala court’s decision, acquitting him of rape charges by a nun, a church source said on Sunday. According to the source, during his visit to Jalandhar diocese on Saturday, Archbishop Leopoldo Girelli, apostolic nuncio to India and Nepal, …

Actor Assault Case: Kerala High Court Grants Time To Government To File Statement
2 years, 9 months ago

Actor Assault Case: Kerala High Court Grants Time To Government To File Statement

Live Law  

The Kerala High Court on Friday granted time to the government to file a statement in the plea moved by the survivor in the 2017 actor sexual assault case where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case. Thereafter, the Court had directed that the accused …

Nun Rape Case: Kerala High Court Admits Appeal Challenging Bishop Franco Mulakkal's Acquittal
2 years, 11 months ago

Nun Rape Case: Kerala High Court Admits Appeal Challenging Bishop Franco Mulakkal's Acquittal

Live Law  

The Kerala High Court on Tuesday admitted the appeal filed against the decision of the Additional District and Sessions Court acquitting Bishop Franco Mulakkal of the Catholic Church in the nun rape case. Timeline of the Nun Rape case: In June 2018, a nun of the Catholic Church had raised allegations that Bishop Franco had sexually assaulted her on several …

Kerala High Court Directs Hospital To Do The Needful In Minor Rape Victim's Plea For Termination Of 26-Week Pregnancy
2 years, 11 months ago

Kerala High Court Directs Hospital To Do The Needful In Minor Rape Victim's Plea For Termination Of 26-Week Pregnancy

Live Law  

The Kerala High Court on Friday came across another plea moved by a sexually abused minor girl seeking permission to undergo medical termination of her over 26-week old pregnancy. Regrettably, this is the second incident in less than 25 days which depicts a frightening trend of rising cases of minor survivors approaching the Court seeking the termination of their pregnancy. …

"Heinous Crime Committed Against Me, Have Right To Seek Truth": Survivor Before Kerala HC In Dileep's Plea To Suspend Further Probe In Sexual Assault Case
3 years, 1 month ago

"Heinous Crime Committed Against Me, Have Right To Seek Truth": Survivor Before Kerala HC In Dileep's Plea To Suspend Further Probe In Sexual Assault Case

Live Law  

The Kerala High Court on Tuesday continued hearing the plea moved by actor Dileep seeking to suspend further investigation into the 2017 sexual assault case.Justice Kauser Edappagath heard all the parties extensively over a three hour hearing at the physical court today. The Kerala High Court on Tuesday continued hearing the plea moved by actor Dileep seeking to suspend further …

Bishop Franco Mulakkal Case : Why Court Found Nun's Testimony Unreliable?
3 years, 2 months ago

Bishop Franco Mulakkal Case : Why Court Found Nun's Testimony Unreliable?

Live Law  

The Additional District and Sessions Court Kottayam on Friday morning acquitted Bishop Franco Mulakkal who was accused of raping a nun from the Missionaries of Jesus convent in Kuravilangad. Keep reading to find out why the Court found the nun's statements unreliable enough to let Mulakkal walk scot-free: Why Did The Court Find Her Testimony Unreliable? Other Instances That Swayed …

Victim's Version Inconsistent: What Order Acquitting Bishop Franco Mulakkal in Nun's Rape Case Said
3 years, 2 months ago

Victim's Version Inconsistent: What Order Acquitting Bishop Franco Mulakkal in Nun's Rape Case Said

News 18  

A court in Kerala on Friday acquitted Roman Catholic Bishop Franco Mulakkal of the charges of raping a nun in a convent in the state, citing various reasons, including the victim’s inconsistent version of incidents and lack of corroborative evidence to prove the prosecution case. Acquitting the Bishop, Additional Sessions Judge G Gopakumar in the order said the victim’s claim …

Bishop Franco acquitted in Kerala nun rape case
3 years, 2 months ago

Bishop Franco acquitted in Kerala nun rape case

Hindustan Times  

A Kerala court on Friday acquitted former Jalandhar bishop Franco Mulakkal, who is accused of raping a nun 13 times over three years in a convent, citing lack of evidence in a case that shone a spotlight on violence against women in religious institutions. Bishop Franco Mulakkal was accused of raping the woman 13 times between 2014 and 2016 during …

Verdict in Franco Mulakkal Rape Case: NCW Extends Support to Nun
3 years, 2 months ago

Verdict in Franco Mulakkal Rape Case: NCW Extends Support to Nun

News 18  

With a court in Kerala on Friday acquitting a bishop in the rape case of a nun, NCW chairperson Rekha Sharma has said the woman should approach the high court against the judgement. An additional district and sessions court acquitted Roman Catholic Bishop Franco Mulakkal of the charges of raping the nun in a convent in the southern state. Extending …

Bishop Franco acquitted by Kerala Court in nun rape case
3 years, 2 months ago

Bishop Franco acquitted by Kerala Court in nun rape case

Op India  

On Friday, Kerala Court acquitted Bishop Franco Mulakkal of the Catholic Church in the nun rape case. Rekha Sharma, the Chairperson of the National Commission for Women has said that she is shocked to learn of the judgement pronounced by the Kerala Court and that the victim nun must appeal to the High Court. Bishop Franco Mulakkal, Accused Of Nun’s …

Kerala court gives clean chit to Bishop Franco Mullakal in nun rape case
3 years, 2 months ago

Kerala court gives clean chit to Bishop Franco Mullakal in nun rape case

Hindustan Times  

A court in Kottayam on Friday freed bishop Franco Mullakal of all charges in the nun rape case. A heavy police force was seen deployed outside the Kottayam additional sessions court ahead of pronouncement of the verdict. In her police complaint in June 2018, the nun had alleged that she was subjected to sexual abuse by Franco, then Bishop of …

Verdict in Kerala nun rape case on Friday, key witness says it will be 'victory over devil'
3 years, 2 months ago

Verdict in Kerala nun rape case on Friday, key witness says it will be 'victory over devil'

India Today  

Ahead of Kerala special court’s verdict in the nun rape case, Sister Lucy, who was dismissed from her congregation for criticising Bishop Franco Mulakkal, said the judgment would be “victory over devil”. Mulakkal is an accused in the Kerala nun rape case. “Tomorrow's sexual harassment case verdict would be a victory over devil,” Sister Lucy said. READ | Hugged and …

Innocent Attempt Of A Girl To Get Admitted To Her Dream Course: Kerala HC Refrains From Imposing Cost For Filing Multiple Pleas With Similar Prayers
3 years, 4 months ago

Innocent Attempt Of A Girl To Get Admitted To Her Dream Course: Kerala HC Refrains From Imposing Cost For Filing Multiple Pleas With Similar Prayers

Live Law  

In a fascinating judgment, the Kerala High Court on Wednesday wished a petitioner good luck on cracking Kerala Engineering Architectural Medical Entrance exam on her next attempt, rather than imposing cost for filing multiple pleas with similar prayers, thereby wasting the time of the Court.Justice P.V. In a fascinating judgment, the Kerala High Court on Wednesday wished a petitioner good …

'Submission' In Face Of Inevitable Compulsion Not 'Consent': Kerala High Court Upholds Rape Conviction
3 years, 4 months ago

'Submission' In Face Of Inevitable Compulsion Not 'Consent': Kerala High Court Upholds Rape Conviction

Live Law  

In a significant judgment, the Kerala High Court on Wednesday held that there is a substantial distinction between 'consent' and 'submission' to sexual intercourse. Partly allowing an appeal, Justice R. Narayana Pisharadi observed: "Merely for the reason that the victim was in love with the accused, it cannot be presumed that she had given consent for sexual intercourse. Partly allowing …

'Don't Fight A Proxy Battle' : Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case
3 years, 5 months ago

'Don't Fight A Proxy Battle' : Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case

Live Law  

The Supreme Court on Monday refused to entertain a petition filed by an NGO named "Justice for Walayar Kids Forum" seeking to expunge certain adverse remarks made by the Kerala High Court against the Deputy Superintend of Police who was the Investigating Officer in the Walayar case relating to rape and killing of two minor girls in Kerala.A bench comprising …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 6 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy
3 years, 6 months ago

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy

Live Law  

The Kerala High Court on Wednesday came to the assistance of another minor rape victim by allowing her father's petition and paving the way for her to undergo medical termination of her pregnancy which was a result of the sexual assault committed on her. The Government Pleader said that the permission of the Court was not required in the instant …

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
3 years, 7 months ago

'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement

Live Law  

The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 7 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

SC rejects plea of rape victim who wants to marry her rapist, a Christian priest
3 years, 7 months ago

SC rejects plea of rape victim who wants to marry her rapist, a Christian priest

Op India  

On Monday, the Supreme Court rejected a petition by a rape victim seeking permission to marry the accused, reported Bar and Bench. She even went on to claim that the ‘sex’ was ‘consensual.’ Following the conviction of Vadakkumcherry by the POCSO court, he filed an appeal before the Kerala High Court on February 17. Supreme Court rejects bail petition, directs …

Breaking: Supreme Court Dismisses Pleas By Rape Survivor & Convicted Ex-Catholic Priest To Marry Each Other
3 years, 7 months ago

Breaking: Supreme Court Dismisses Pleas By Rape Survivor & Convicted Ex-Catholic Priest To Marry Each Other

Live Law  

The Supreme Court on Monday refused to entertain an application moved by survivor of Kottiyoor rape case from Kerala, expressing willingness to marry former Catholic priest Robin Vadakkumchery, who was sentenced to 20 years imprisonment under POCSO for raping and impregnating her while she was a minor.The Court also rejected a petition filed by Robin Vadakkumcherry seeking suspension of. The …

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