7 years, 4 months ago

When Protector Becomes Perpetrator, Victim Has No Option, But To Surrender: Bombay HC Rejects Convicted Step-Father’s Appeal [Read Judgment]

Live Law

The Nagpur bench of the Bombay High Court rejected an appeal filed by a 55-year-old man from Wardha who was convicted of raping his minor step-daughter and was sentenced to life by the trial court.The bench of Justice RK Deshpande and Justice MG Giratkar accepted the findings of the trial court and the appellant’s conviction under Section 5 punishable under Section 6 of the Protection. The Nagpur bench of the Bombay High Court rejected an appeal filed by a 55-year-old man from Wardha who was convicted of raping his minor step-daughter and was sentenced to life by the trial court. The bench of Justice RK Deshpande and Justice MG Giratkar accepted the findings of the trial court and the appellant’s conviction under Section 5 punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 506 of the Indian Penal Code. When a protector becomes perpetrator and the victim, who is a minor girl solely dependent upon him, is ravished by such a person, the victim is left with no other option but to surrender mutely.

Victim Trial Court Fir Appellant Hc Rejects Wardha perpetrator justice judgment victim minor appeal option wardha hc rejects trial court protector stepfathers surrender read bench sexual appellant

History of this topic

1 month, 3 weeks ago

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court

India Today

The Nagpur Bench of the Bombay High Court recently upheld the conviction and 10-year sentence imposed by the Amravati Sessions Court on labourer Balya alias Rahul Lokhande for raping a 35-year-old woman who lived alone. Lokhande had appealed his conviction, but the High Court ruled that the victim’s testimony was “cogent, concrete, and reliable.” According to the prosecution, the incident …

1 month, 4 weeks ago

Life Sentence and Conviction of Farmer Set Aside

Deccan Chronicle

Hyderabad: A two-judge panel of the Telangana High Court set aside the conviction and life sentence of a farmer in a case involving dowry harassment and alleged murder of his wife. The panel, comprising Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao, held that the trial was vitiated due to the appellant’s lack of effective legal representation, violating his …

2 months ago

Bombay High Court reserves order on petitions and appeals in Mumbai 7/11 train blasts

The Hindu

The Bombay High Court on Friday reserved its order for judgment on the death confirmation petition by the State government and appeals filed by the 12 convicts in the July 11, 2006, bomb blast case in which a series of seven bomb blasts happened in Mumbai’s local trains that caused over 180 deaths and several injured. On January 31, 2025, …

2 months ago

RG Kar Hospital Rape-Murder Calcutta High Court Reserves Order On West Bengal Govt CBI Appeals Seeking Death Penalty For Convict Sanjay Roy

ABP News

The Calcutta High Court on Monday reserved its order on the admission of two appeals filed separately by the West Bengal government and the Central Bureau of Investigation, challenging the trial court’s sentencing of RG Kar hospital rape-murder convict Sanjay Roy to life imprisonment till death. A division bench, presided over by Justice Debangsu Basak, heard arguments from both parties, …

2 months, 1 week ago

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha

The Hindu

The Supreme Court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her. The Delhi High Court on September 6 had dismissed the bail application of Seema Rani Khakha, saying the case “strikes at the root of trust between two families” and the possibility …

2 months, 1 week ago

Bombay High Court acquits a father convicted of raping his daughter by trial court

Op India

The Nagpur bench of the Bombay High Court recently acquitted a middle-aged man who was convicted of raping his minor daughter by the trial court. The father looked after the alleged victim and her brother The Judge noted that the complaint was filed 7 years after his wife left the appellant. The judge also took notice of the fact that …

2 months, 1 week ago

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC

Live Law

While acquitting a 43-year-old man convicted for raping his own minor daughter, the Bombay High Court observed that in ordinary circumstances, a daughter will not level such allegation against her father and even the father will not rape his own daughter. In his December 5, 2024 judgment, which was made available on Wednesday, Justice Sanap observed, "It is true that …

2 months, 1 week ago

Bengal government can’t appeal against trial court order in R.G. Kar case: CBI

The Hindu

The Calcutta High Court on Wednesday said it would hear the Central Bureau of Investigation and the victim’s family and the convict through their lawyers before deciding on the admission of an appeal filed by the West Bengal government challenging the life term awarded to the convict in the R.G. State’s Advocate General Kishore Dutta had approached the court stating …

2 months, 3 weeks ago

Bombay High Court upholds 10-year jail term for man who sexually assaulted minor

India Today

The Nagpur bench of the Bombay High Court on Thursday upheld the 10-year rigorous imprisonment handed to a labourer for sexually assaulting a Class 5 student. The bench of Justice GA Sanap was hearing an appeal filed by Manoj Bhise, who sexually assaulted a 10-year-old girl. The assaults, reported to have taken place in October 2017 and March 2018, came …

2 months, 3 weeks ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

4 months, 3 weeks ago

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court

India Today

The Aurangabad bench of the Bombay High Court overturned a 20-year-old conviction against a man and his family for alleged cruelty towards his late wife. The court found that accusations of taunting her, not letting her watch TV, forbidding her from visiting the temple alone, and making her sleep on a carpet did not amount to “severe” actions under Section …

4 months, 3 weeks ago

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Live Law

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of …

5 months, 1 week 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 …

6 months, 2 weeks ago

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court

Live Law

While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned. Justice Subodh Abhyankar sitting at Indore observed, “Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that …

6 months, 2 weeks ago

Bombay High Court Upholds Life Sentence Of Man Convicted For Sexually Abusing Five Minor Girls

Live Law

The Bombay High Court on Wednesday upheld the conviction and the life sentence imposed on a 40-year-old man, who was convicted for sexually abusing at least five minor girls.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan upheld the March 29, 2014 judgment of a special court in Thane, which convicted Ramesh Gopnur for raping five minor girls and …

7 months ago

HC directs State to address issue of protection of sportswomen from sexual harassment

The Hindu

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary to address the issue of protection of women participants in sports from sexual harassment, within six months. In the interest of justice and also to achieve social justice, the court has issued direction to the State government to provide accommodation at the State cost for either …

8 months, 1 week ago

Orissa High Court Upholds Conviction & Life Term Of Man For Committing Murder Of Mother & 18-Day-Old Brother

Live Law

The Orissa High Court has upheld the conviction and life imprisonment of man who was found guilty for commission of murder of his mother and 18-days-old infant brother. Rejecting the plea of insanity advanced by the appellant, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed – “Key pieces of evidence, including the consistent testimonies of …

11 months, 1 week ago

'Case Of Betrayal Of Trust': Chhattisgarh HC Upholds Life Sentence For Man Who Repeatedly Raped Minor Daughter

Live Law

Calling it a case where 'trust was betrayed' and 'social values were impaired', the Chhattisgarh High Court last week upheld the conviction and sentence of life imprisonment for a man guilty of repeatedly raping his own daughter for 3 years. Consequently, it was submitted that the trial court's verdict solely based on the victim's testimony is untenable and hence, the …

11 months, 2 weeks ago

Child Abuse Scars Victims & Leads To Long Term Consequences; Early Recognition, Prevention Crucial In Safeguarding Children: Calcutta High Court

Live Law

The Calcutta High Court has upheld the conviction of a man under Sections 376 and 511 IPC, for the offence of attempt to rape and Section 354 of the IPC for outraging the modesty of the 10-year-old victim girl. It was the case of the prosecution that the accused groped the minor victim's breasts from behind and hugged her while …

11 months, 3 weeks 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 …

1 year ago

Section 376 IPC | Minor's Consent Not Ground To Absolve Accused: Jharkhand High Court Reiterates

Live Law

The Jharkhand High Court while affirming a judgment of conviction passed by the trial Court and sentence under Section 376 of the Indian Penal Code, has observed that despite the victim being a consenting party and engaging in a sexual relationship leading to her pregnancy over several months, the accused cannot be absolved of guilt solely based on her consent …

1 year, 2 months ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

1 year, 5 months ago

SC sets aside death penalty awarded to man for rape and murder of three-month-old infant girl

Op India

On 19 October, the Supreme Court set aside the conviction of 25-year-old Naveen Gadke, who was awarded the death penalty for the rape and murder of a three-month-old girl. Therefore, the judgment of conviction and sentence passed by the trial court and affirmed by the high court is hereby set aside and the matter is remitted to the trial court …

1 year, 5 months ago

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

Live Law

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act. Moreover, there was no attempt made …

1 year, 5 months ago

Man gets death for rape and murder of 8-year-old daughter

Hindustan Times

A POCSO court in Sitapur on Friday found a man guilty of raping and murdering his eight-year-old daughter, and awarded him the death sentence, senior police officials in Lucknow said. Man gets death for rape and murder of 8-year-old daughter The court of special judge and additional district judge Rahul Prakash, which pronounced the sentence, observed that the rape and …

1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

1 year, 7 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

1 year, 8 months ago

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

News 18

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

1 year, 11 months ago

Upset that 2 were acquitted, says Malli, mother of tribal man killed in 2018

Hindustan Times

THIRUVANANTHAPURAM: As Palakkad special judge KM Ratheesh Kumar convicted 14 people for killing a 27-year-old tribal man, Madhu, special public prosecutor Rajesh M Menon and the district’s superintendent of police R Viswanadh said they were happy with the verdict. I will go for appeal after consulting the public prosecutor,” Malli said, adding that she will wait for the court to …

2 years, 1 month ago

Supreme Court Upholds Life Sentence For Mother Who Killed Her 5-Year Old Child

Live Law

The Supreme Court, on Wednesday, reiterated that when there is concurrent findings of fact by the Trial Court and the High Court, the Apex Court ought not to re-appreciate the evidence to examine the correctness of such findings of fact, unless there is manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence. …

2 years, 2 months ago

Madras HC Reduces Life Sentence Given to Woman, Who Set Ablaze Her Minor Daughter, to 10 Years in Jail

News 18

The Madras High Court recently commuted the life sentence awarded to a woman who had been convicted for setting her 13-year-old daughter on fire to 10 years in jail. The division bench reasoned that from the facts of the case, it appeared that the incident happened as a result of a quarrel between the mother and the daughter over the …

2 years, 3 months ago

'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter

Live Law

The Bombay High Court on Thursday upheld the life sentence of a 55-year-old man convicted for raping a minor girl stating that the appellant, being a fatherly figure in the girl's life, betrayed her trust. The court observed that the victim's evidence, corroborated by the medical and scientific evidence, indicates that she had been sexually assaulted by the appellant. The …

2 years, 5 months ago

"Belated Remorse Inconsequential": Bombay HC Upholds Order Striking Off Father's Defence For Depriving Mother Of Visitation Rights

Live Law

Taking a stern view against a father's conduct of denying his wife access to their child despite court orders, the Bombay High Court recently upheld a district court's order striking off his defence in a matrimonial dispute. The court noted that when the District Court struck off the defence of the father, there were 11 violations of the mother's visitation …

2 years, 5 months ago

Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive

Live Law

The Madhya Pradesh High Court, Indore Bench recently reduced the sentence of a rape convict from life imprisonment to 20 years of imprisonment on the ground that he did not kill the 4-year-old victim after the heinous act. Singh did not find any fault in the conviction of the Appellant but found it fit to extend him the benefit of …

2 years, 6 months ago

Bombay High Court upholds 20 year jail term of rapist after dental test nails him

India Today

Relying on the deposition of a forensic odontologist, the Bombay High Court has upheld the conviction and sentence of a rapist of a minor who was sent to 20 years in prison by the Mumbai court. His dental impressions were taken and according to a Forensic Expert, the bite marks on the victim’s lips corresponded to Saryadu’s teeth. WHAT ACCUSED …

2 years, 10 months ago

Convicting Accused Persons After 36 Yrs Would Disturb Balance Of Convenience & Result In More Injustice: Calcutta High Court

Live Law

The Calcutta High Court on Friday set aside an order of acquittal in connection with a criminal case under Sections 147/380/427 of the IPC. However, Justice Moushumi Bhattacharya was of the view that passing an order of conviction, after a gap of 36 years since the charges were framed, would disturb the balance of convenience and cause injustice, especially since …

2 years, 10 months ago

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

Live Law

The Calcutta High Court has recently set aside the conviction of an accused for commission of the offence under Section 361 of the IPC after observing that the minor victim was fully aware of the consequences of her going away with the accused and that there is no evidence that she was induced or enticed by the accused. Justice Bibek …

3 years ago

'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape

Live Law

The Calcutta High Court has recently observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case since it is natural for the victim to remain disoriented and confused after having gone through such a traumatic experience thereby justifying such a delay. A Bench comprising Justice …

3 years ago

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal

Live Law

Upholding the life imprisonment sentence of 5 convicts in connection with a 2003 murder case, the Allahabad High Court recently observed that the benefit provided under section 57 IPC cannot be extended to the appellants merely on the ground that they are languishing in jail for about 18 years.Having analyzed the facts and circumstances of the Case, the Bench of …

3 years, 1 month ago

Bombay HC reduces rape accused's lifer to 10-year jail term, child to get Rs 2 lakh compensation

India Today

The Bombay High Court reduced the life sentence commuted to a rape accused to 10 years in prison. The bench of Justices Sadhna Jadhav and PK Chavan said, "Looking to the young age of the accused and his future prospects in his profession as a Disk Jocky as well as the fact of his willingness to provide adequate compensation to …

3 years, 1 month ago

Pappu Tiwary & Law Tiwary v.State of Jharkhand - 2022 LiveLaw(SC) 107 - Evidence Act- Plea Of Alibi

Live Law

2022 LiveLaw SC 107 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Sanjay Kishan Kaul; M.M. January 31, 2022 CRIMINAL APPEAL NO.1492 OF 2021 PAPPU TIWARY v. STATE OF JHARKHAND CRIMINAL APPEAL NO.1202-1203 OF 2014 LAW TIWARI @ UPENDRA KUMAR TIWARI v. THE STATE OF JHARKHAND Evidence Law - Plea of Alibi - The burden on the accused is …

3 years, 2 months ago

'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986

Live Law

The Calcutta High Court on Thursday reduced the sentence awarded to a man charged under Section 489B and Section 489C of the IPC for forging currency notes after observing that he had undergone mental agony due to long pendency of criminal proceedings. Justice Rabindranath Samanta noted that the appellant had already served out the sentence for one and half months …

3 years, 2 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

3 years, 2 months ago

Bombay HC upholds conviction of husband, in-laws in forced abortion case

India Today

The Aurangabad Bench of Bombay High Court recently observed that forcibly aborting the foetus of a woman amounts to cruelty, while upholding the order convicting her husband and in-laws for attempting to murder her. The observation came by the Bench of Justices VK Jadhav and SC More in partly allowing the appeal filed by the husband and his parents against …

3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

3 years, 4 months 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 …

3 years, 7 months ago

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation

Live Law

The Delhi High Court on Thursday upheld the order of conviction and sentence of a man for the offences of rape and stalking, after observing that the prosecutrix's testimony not only inspired confidence but was reliable, consistent and admissible.It noted however, that the Trial Court "failed in its duty" to refer the victim to the Delhi Victims Compensation Scheme, 2018 …

3 years, 7 months ago

"System Laughing At Us": Gujarat HC Orders Release Of Rape Convict With Whom 'Victim' Willingly Married, Gave Birth To Children

Live Law

The Gujarat High Court last week ordered the release of a rape convict on bail by suspending his sentence while noting that the alleged victim admitted that she, on her own, married, started living with him, and even gave birth to his two children. Calling it the glaring aspect of the matter, the Court noted that neither the mother nor …

3 years, 8 months ago

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

Live Law

The Supreme Court has upheld a judgment of the Madras High Court which held that an ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity.A bench comprising Justices Indira Banerjee and V Ramasubramanian was considering an appeal filed against the High Court judgment, which had set aside the ex-parte decree passed …

3 years, 8 months ago

Delhi HC suggests Sushant Singh Rajput's father, Nyay filmmakers to 'talk and settle dispue'

Firstpost

Sushant Singh Rajput’s father Krishna Kishore Singh had appealed against the single-judge order refusing to stay the release of the film Nyay: The Justice, allegedly based on late actor’s life. The Delhi High Court Wednesday suggested that Sushant Singh Rajput’s father and the makers of a film purportedly based on the late Bollywood actor’s life make an attempt at finding …

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