Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 6 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity to the appellant to address and explain that evidence, was an invalid approach taken by the trial court. "Trial Court without even perusing the statements made by the prosecution witnesses put the same to the appellant without referring the incriminating evidence to the appellant and it has no doubt caused prejudice to the appellant. Thus it observed, "As per the mandate of section 342 of the Criminal Procedure Code, the incriminating evidence brought on record is required to be put to the accused, so as to seek his explanation and in fact thi s provision is an embodiment of the principle of natural justice that no one should be condemned unheard.

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History of this topic

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 days, 17 hours ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
1 week, 6 days ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
2 weeks, 4 days ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law  

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
1 month ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024
1 month, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup November 25 - December 1, 2024

Live Law  

Nominal Index: Dilawar Javid Bhat Vs UT Of J&K 2024 LiveLaw 317 Abdul Majeed Lone Vs Union of India 2024 LiveLaw 318 Kewal Krishan Vs Sham Lal 2024 LiveLaw 319 Ajeet Kumar Vs UT Of J&K 2024 LiveLaw 320 Shenaz Begum th. Abdul Mazeed Vs UT Of J&K 2024 LiveLaw 321 UT Of J&K Vs Seema Koul & Anr 2024 …

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
1 month, 3 weeks ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
1 month, 3 weeks ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the …

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

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
2 months ago

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused. "Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe …

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken
2 months, 2 weeks ago

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken

Live Law  

The Rajasthan High Court has upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl. Despite the lengthy cross-examination by the defense, the court found that the girl's statement had not been shaken and that the evidence of the assault had been established through the FSL report.

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 2 weeks ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

SC says it will consider listing pleas challenging marital rape exception soon
3 months, 3 weeks 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. …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024
3 months, 3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 9 - September 15, 2024

Live Law  

Nominal Index: Yashpal Sharma & Ors. Vs Rupali Sharma 2024 LiveLaw 253 Raman Kumar Vs UT of J&K 2024 LiveLaw 254 Sheikh Owais Tariq Vs Satvir Singh 2024 LiveLaw 255 Bharat Bhushan Jolly and ors Vs State of J&K 2024 LiveLaw 256 Rahees Hayat alias Ayaz Vs Union Territory of Jammu & Kashmir 2024 LiveLaw 257 State through P/S Pulwama …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
4 months ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

HC stays execution of sentence given to AAP MP Sanjay Singh
4 months, 2 weeks ago

HC stays execution of sentence given to AAP MP Sanjay Singh

Hindustan Times  

Lucknow The Lucknow bench of the Allahabad high court on Thursday stayed execution of the sentence awarded to AAP MP Sanjay Singh in a criminal case till further orders, subject to furnishing a personal bond of Rs. Justice Karunesh Singh Pawar passed the order admitting a criminal revision moved by Sanjay Singh challenging the trial court and the appellate court’s …

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
4 months, 4 weeks ago

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Live Law  

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of. …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024
5 months, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 15 - July 21, 2024

Live Law  

Nominal Index: Shameem Ahmad Shah Vs UT of J&K 2024 LiveLaw 185 Mohammad Sultan Najar Vs UT of J&K 2024 LiveLaw 186 Nisar Ahmad Rather Vs Tahir Ahmad Reshi 2024 LiveLaw 187 State through Executive Engineer PHE Division, Doda Vs Sakina Begum 2024 LiveLaw 188 Din Mohd Vs Shokat Ali 2024 LiveLaw 189 Ghulam Mohiudin Lone Vs UT of J&K …

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 months, 3 weeks ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
5 months, 4 weeks ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC
6 months, 1 week ago

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC

News 18  

The Meghalaya High Court has ruled that a survivor’s forgiveness is not sufficient to quash a First Information Report in a rape case. Chullai referenced the Supreme Court’s 2012 ruling in Gian Singh vs. State of Punjab, emphasising that serious crimes such as rape cannot be dismissed based on forgiveness or mutual agreement. Regarding the forgiveness letter, the court noted …

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
6 months, 3 weeks ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
7 months ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister
7 months, 2 weeks ago

Uttarakhand High Court Commutes Death Sentence Of Man Convicted For Repeatedly Committing Rape Upon 5-Yr-Old Step-Sister

Live Law  

The Uttarakhand High Court has recently commuted the death penalty awarded to a man convicted for repeatedly committing rape upon his five-year-old orphan cousin and assaulting her numerous times. While lessening the punishment awarded to the convict to twenty-year rigorous imprisonment, the Division Bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma observed – “…we are of the …

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 20 - May 26, 2024
7 months, 2 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup May 20 - May 26, 2024

Live Law  

Nominal Index: Ashok Kumar Vs State 2024 LiveLaw 120 Abdul Rashid & Ors Vs UT of J&K 2024 LiveLaw 121 Rafaqat Ali Vs UT of J&K 2024 LiveLaw 122 Abdul Basit Vs University of Kashmir 2024 LiveLaw 123 Farooq Ahmad Sheikh Vs Tariq Ahmad Malik 2024 LiveLaw 124 Manzoor Hussain Vs Syed Mohsin Abbas 2024 LiveLaw 125 Owais Naseer Sheikh …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 3 weeks ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Judicial officers should not identify rape victims during trial: Orissa High Court
9 months ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 4 weeks ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction
11 months, 1 week ago

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

Live Law  

The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act, while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused. The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test the …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim
1 year, 1 month ago

POCSO Act | Punjab & Haryana High Court Upholds Convict's Life Sentence Based On Solely Testimony Of 13-Yr Old Victim

Live Law  

Basing the proof of charge on solitary, unblemished testimony of the victim, the Punjab & Haryana High Court upheld conviction and life imprisonment of a man for committing rape upon a 13-year old girl in Haryana. The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari rejected the contention that testimony of the victim lost credibility because her mother …

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
1 year, 2 months ago

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

Live Law  

A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape. While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised …

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court
1 year, 3 months ago

High Time To Have Code Of Investigation For Police So That Guilty Don't Walk Free On Technicalities: Supreme Court

Live Law  

Aghast to see the shocking lapses and the slipshod investigation on the part of the police, the Court drew attention to a 2003 report by Dr. Justice V.S. The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Echoing the same sentiment, it …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

"No Evidence" : Supreme Court Acquits Two Men Accused In 26 Year Old Rape Case
1 year, 5 months ago

"No Evidence" : Supreme Court Acquits Two Men Accused In 26 Year Old Rape Case

Live Law  

The Supreme Court acquitted two men accused in a rape case observing that there was no evidence brought on record to connect them with the offence.Avtar Singh, Sohan Lal and Gian Singh were accused of raping the prosecutrix. The Supreme Court acquitted two men accused in a rape case observing that there was no evidence brought on record to connect …

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 24
1 year, 5 months ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: July 24

Live Law  

Nominal index Sanjay Sharma Vs UT ofJ&K 2023 LiveLaw 191 Subash Chander Vs State of J&K 2023 LiveLaw 192 Pr. Commissioner of Income Tax Vs M/S The J&K Bank Ltd. 2023 LiveLaw 193 Khalid Amin Kohli Vs UT of J&K 2023 LiveLaw 194 Raj Kumar Gupta Vs Bank of India & Ors 2023 LiveLaw 195 Mohhamd Rafiq Khan Vs PNB …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 5 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 6 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 7 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court
1 year, 7 months ago

ITBP Force Rules | Army Court Not Recording Plea Of Guilt In Words Used By Accused Vitiates Proceedings: Jammu & Kashmir High Court

Live Law  

Quashing a Summary Force Court proceedings against a Constable of ITBP, the Jammu and Kashmir and Ladakh High Court has said that since Army Rules are mandatory in nature, it is imperative that Army Court shall record the plea of guilt in the words used by the accused or as nearly as possible in the words used by the accused, …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 7 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court
1 year, 7 months ago

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process. A single bench of Justice Sanjay Dhar has while referring to Stat of Rajasthan vs. Banwari …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 8 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court
1 year, 9 months ago

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment. The observations were made by …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 9 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
1 year, 9 months ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry
1 year, 10 months ago

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry

Live Law  

The Jammu and Kashmir and Ladakh High Court recently quashed a rape FIR, observing that a proposal made by the accused to prosecutrix for live-In relationship, so as to ascertain how their relationship will work, does not tantamount to false promise to marry. The bench comprising Justice Sanjay Dhar observed, "He proposed to have live-in-relationship with her, meaning thereby that …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 11 months ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

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