Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 weeks, 2 days ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial court's failure to appoint an Amicus Curiae when the appellant's counsel failed to appear on his behalf, cross-examination of two main witnesses could not happen in the case. The Court agreed with the submission put forth by the Amicus Curiae and highlighted that when the appellants' counsel refused to appear, the trial court closed the evidence and thereafter approached the District Legal Services Authority, for appointment of an Amicus Curiae. The matter was remanded back to the trial court to be decided afresh and directions were given for appointment of an Amicus Curiae for the appellant, re-summoning of the two witnesses and permitting their cross-examination.

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History of this topic

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
3 weeks, 2 days ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court
3 weeks, 5 days ago

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court

Live Law  

While hearing a writ petition, Rajasthan High Court upheld an order of the trial court that set aside an ex-parte decree against the respondents on the ground that the counsel of the respondents had underwent eye surgery and thus owing to his health conditions, he was not able to make an appearance before the court for the proceedings. However, we …

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
4 weeks ago

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

Live Law  

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4 or 4 of the POCSO Act and the Trial Court did not put any preliminary questions to the victim …

Court acquits man in POCSO case filed by girlfriend’s father
4 weeks, 1 day ago

Court acquits man in POCSO case filed by girlfriend’s father

Hindustan Times  

MUMBAI: A special POCSO court in Dindoshi last month acquitted a 32-year-old man from Kurla, almost seven years after he was charged under the POCSO act, based on the complaint filed by the father of a girl, who had alleged that the man kidnapped his daughter and sexually harassed her. Court acquits man in POCSO case filed by girlfriend’s father …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
1 month, 3 weeks ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
3 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
3 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
4 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
7 months, 2 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
8 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
10 months ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
10 months, 2 weeks ago

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused

Live Law  

Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former. Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge, the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the court about …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
11 months, 2 weeks 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 Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
1 year ago

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

Live Law  

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of …

Cannot come to Madras HC in connection with defamation suit filed against journalist Mathew Samuel: Palaniswami
1 year, 1 month ago

Cannot come to Madras HC in connection with defamation suit filed against journalist Mathew Samuel: Palaniswami

The Hindu  

AIADMK general secretary Edappadi K. Palaniswami has expressed his inability to come to the Madras High Court premises to provide evidence in a 2019 defamation suit filed by him against journalist Mathew Samuel and others, for having linked his name with the 2017 Kodanad heist-cum-murder case. Justice N. Sathish Kumar directed the High Court Registry to list the application, filed …

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court
1 year, 5 months ago

Accused’s Right To Cross Examine Witness At More Higher Pedestal Under POCSO Act In View Of Harsh Punishment For Offences: Delhi High Court

Live Law  

The Delhi High Court has observed that the right of an accused to cross examine a witness is at a “higher pedestal” under the POCSO Act in view of the serious nature of offences and harsh punishment prescribed under the statute. While granting an accused the opportunity to cross examine a prosecution witness in a POCSO case, Justice Tushar Rao …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 5 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court
1 year, 6 months ago

Accused Can Challenge Trial Court's Rejection Of Prosecution’s Application For Pardon: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon. “An accused does have a right to move an application independently to the trial Court under Section 306 Cr.P.C. While observing that there is sufficient evidence against the accused …

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court
1 year, 6 months ago

Absence Of Witnesses Not Ground To Exonerate Accused In POCSO Case If Survivor's Testimony Reliable: Meghalaya High Court

Live Law  

The Meghalaya High Court has recently ruled that the absence of witnesses in sexual assault cases under the Protection of Children from Sexual Offences Act cannot be used as a justification to exonerate the accused in such cases, if survivor's testimony is reliable. A Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh while dispelling the notion that uncorroborated …

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court
1 year, 9 months ago

S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the Special Court which rejected the application made by an accused being tried under the provisions of the Protection of Children from Sexual Offences Act, to recall the prosecutrix from cross-examination. A single judge bench of Justice K Natarajan observed, “Of course, as per Section 33 of the POCSO …

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor
1 year, 10 months ago

Trial-Related Anxiety Does Not Justify Act Of Casting Aspersion On Judge: Delhi High Court Imposes ₹5K Cost On Contemnor

Live Law  

Closing the contempt proceedings against a person, the Delhi High Court observed that the anxiety, which the man went through during the trial of the case filed by his former wife, does not justify the actions of casting aspersion on a judicial officer.Justice Manmeet Pritam Singh Arora accepted the unconditional apology tendered by him, with a warning to exercise restraint …

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC
1 year, 10 months ago

[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC

Live Law  

The Meghalaya High Court on Tuesday observed that the statement of an alleged victim girl in a POSCO case has a telling effect with regard to the fate of the criminal case as the sole testimony of a reliable witness, more so, when alleged victim of sexual assault will persuade and convince the court as to whether a case has …

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics
2 years ago

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the trial court to close the rights of the accused in POCSO case noting that they were indulging in dilatory tactics to defer the minor Prosecutrix from testifying. Ahluwalia observed that their behavior before the lower court manifested an oblique motive to defeat the purpose of criminal trial- …

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It
2 years, 1 month ago

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It

Live Law  

The Madhya Pradesh High Court, Gwalior bench recently held an Advocate guilty of contempt for forging signatures of the Petitioner on an affidavit. The Court, however, directed an enquiry against the oath commissioner for executing the document- Thus, it is clear that the father of the prosecutrix never appeared before Shri D.V.S. The Court opined that his unconditional apology could …

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial
2 years, 3 months ago

"Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial

Live Law  

The Punjab and Haryana High Court recently issued a direction to stop the salary of a public prosecutor and an investigating officer after it noted that the prosecution had been 'casual' in their approach to conducting the trial in a POCSO Case. "Since the Public Prosecutor and the Investigating Officer of the case have not performed their duties with due …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 3 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC
2 years, 4 months ago

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Live Law  

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse …

"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern
2 years, 4 months ago

"POCSO Victims Are Being Forced Not Only To Potentially Interact With Accused But Also Be Present In Court Hearings": Delhi HC Expresses Concern

Live Law  

The Delhi High Court has expressed concern over a situation wherein POCSO victims are being forced not only to "potentially interact with the accused person" but also be present in Court when the arguments regarding the offence are being taken up for hearing.Justice Jasmeet Singh was of the view that the psychological impact on a POCSO victim being present in …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 4 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court
2 years, 5 months ago

Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court

Live Law  

The Madras High Court recently set aside the order of conviction of one M/s. Justice Bharatha Chakravarthy observed as under: Therefore, from the combined reading of the aforementioned judgments, it would be clear that right of the accused to be represented by a counsel has been held to be an integral part under Article 21 of the Constitution of India …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 6 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 6 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel
2 years, 7 months ago

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel

Live Law  

"There are moments in courts when heated exchanges do take place and though rare, it is not unheard of that either the member of the Bar or the Bench also in equal measure, unwarily transgresses the line or propriety unintentionally," the Madhya Pradesh High Court observed recently as it expunged its remarks made against a senior counsel last month.With this, …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 8 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case
2 years, 8 months ago

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case

Live Law  

The division bench of Rajasthan High Court, Jodhpur has asked the Public Prosecutor to file reply within two weeks in Asaram's third application for suspension of sentences in minor rape case. Justice Sandeep Mehta and Justice Vinit Kumar Mathur, ordered,"Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences. Justice …

UP govt challenges acquittal of former minister Gayatri Prasad Prajapati of POCSO Act charge
2 years, 9 months ago

UP govt challenges acquittal of former minister Gayatri Prasad Prajapati of POCSO Act charge

India Today  

The Uttar Pradesh government on Saturday moved the Allahabad High Court, challenging the acquittal of former state minister Gayatri Prasad Prajapati of stringent charges under the POCSO Act despite being convicted of gang-raping a woman in 2017. The state government moved the Lucknow bench of the high court, also challenging the acquittal of his associates in the gang-rape case. A …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
2 years, 9 months ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

'Right To Cross-Examination Part Of Right To Fair Trial': Chhattisgarh High Court Allows Plea Of Accused To Recall Prosecutrix In POCSO Case
2 years, 9 months ago

'Right To Cross-Examination Part Of Right To Fair Trial': Chhattisgarh High Court Allows Plea Of Accused To Recall Prosecutrix In POCSO Case

Live Law  

The Chhattisgarh High Court recently held that the right to cross-examination is a part of right to fair trial which every person has in the spirit of right to life and personal liberty. Justice Rajani Dubey thus set aside the decision of the lower court and permitted the re-examination of the prosecutrix in a POCSO case. The Court referred to …

Asaram Minor's Rape Case: Rajasthan High Court Summons Senior IPS Officer Ajay Pal Lamba As Court Witness
2 years, 10 months ago

Asaram Minor's Rape Case: Rajasthan High Court Summons Senior IPS Officer Ajay Pal Lamba As Court Witness

Live Law  

The Rajasthan High Court recently issued an order to summon Additional Commissioner of Police, Jaipur, Rajasthan, Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.The Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani issued the order while allowing an application …

Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court
3 years ago

Ex-Parte Enhancement Of Sentence Illegal; HC Must Appoint Amicus Curiae If Accused Is Not Represented : Supreme Court

Live Law  

The Supreme Court of India has held that ex parte enhancement of sentence by the High Court is against the statutory mandate of the law under CrPC that provides for an opportunity to show case before enhancement of sentence in criminal revision.A Bench compromising Justice Sanjiv Khanna and Justice Bela Trivedi set aside Madras High Court's order that enhanced the …

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court
3 years, 1 month ago

Criminal Appeal Cannot Be Dismissed As Infructuous Merely Because Appellant Served Out Sentence: Supreme Court

Live Law  

The Supreme Court observed that an appeal against conviction cannot be treated as infructuous merely for the reason that the convicted appellant had served out the sentence awarded by the Trial Court.Merely for execution of the sentence, an appeal against conviction cannot be treated as infructuous, the bench comprising Justices Dinesh Maheshwari and Vikram Nath said.In this case, a. The …

MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial
3 years, 1 month ago

MP High Court Orders Inquiry Against Public Prosecutor For Giving Up 'Important' Eye Witness In A Murder Trial

Live Law  

The Madhya Pradesh High Court on Monday directed the Principal Secretary, Law and Legislative Affairs/District Magistrate, Bhind to conduct an inquiry against a Public Prosecutor who gave up an 'important' eye witness/father of the deceased in a murder trial.The Bench of Justice G. S. Ahluwalia has also directed the Public Prosecutor, Bhind to withdraw all the Sessions. The Madhya Pradesh …

Supreme Court Upholds Rejection Of Candidature To Judicial Post Citing Absence Of 'Honourable Acquittal' In Criminal Case
3 years, 2 months ago

Supreme Court Upholds Rejection Of Candidature To Judicial Post Citing Absence Of 'Honourable Acquittal' In Criminal Case

Live Law  

The perception of the common man about the credentials and background of the judicial officer is vital, the Supreme Court observed while upholding non-appointment of a candidate to a post of judicial officer on the ground of the absence of 'honourable acquittal' in criminal cases.The bench of Justices KM Joseph and PS Narasimha observed that most suitable persons should be …

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
3 years, 4 months ago

Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court

Live Law  

The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM …

Madras High Court Finds Erroneous Application Of POCSO Act Provisions By Trial Court
3 years, 5 months ago

Madras High Court Finds Erroneous Application Of POCSO Act Provisions By Trial Court

Live Law  

The Madras High Court vide its recent judgement dated July 7 observed that judges presiding over special courts dealing with cases under the Protection of Children from Sexual Offences Act, 2012 must undergo compulsory training and sensitisation on how to properly adjudicate such sensitive cases. In the instant case the Sessions Court had wrongly invoked Sections 7 and 8 of …

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court
3 years, 9 months ago

Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

Live Law  

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the …

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court
3 years, 11 months ago

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court

Live Law  

The Supreme Court has observed that the right of being represented through a counsel is part of due process clause and is referable to the right guaranteed under Article 21 of the Constitution of India.Subedar and Buddhu were convicted in a murder case by the Trial Court. The Supreme Court has observed that the right of being represented through a …

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