Karnataka High Court Refuses To Quash FIR Against Doctor Accused Of Forcefully Performing Sex Change Operation On Minor
2 years, 3 months ago

Karnataka High Court Refuses To Quash FIR Against Doctor Accused Of Forcefully Performing Sex Change Operation On Minor

Live Law  

The Karnataka High Court has refused to quash the FIR and chargesheet filed against a doctor under POCSO Act for allegedly conducting a forcible sex change operation on a minor boy, after kidnapping him. The bench said, "The petitioner in the present matter is a Doctor, who is alleged to have conducted the sex change operation, and the other offences have not been alleged against the petitioner. The prosecution opposed the plea saying that Jaco Mathew would not be applicable to the present case since it relates to medical negligence whereas, the present matter, the allegation is not one of negligence but of forcible sex change operation which is a criminal offence both under the IPC and under the POCSO Act. Referring to the apex court judgments relied by the petitioner the bench said, "It is clear from a reading of the extracted portion that it is only when there is criminal rashness and/or criminal negligence which is alleged against the Doctor that the opinion of another Doctor is required to be obtained which could establish whether there is in fact criminal rashness or negligence or whether the treatment mode adopted by the Doctor is the normal and regular treatment mode which does not amount to rashness or negligence.

Court Criminal Negligence Fir Doctor Kar Operation Matter Petitioner Sex Change Operation  rashness  quash  karnataka  court  minor  performing  fir  matter  negligence  operation  sex  doctor  petitioner  high  present  forcefully  criminal  refuses

History of this topic

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
1 day, 17 hours ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case
1 week, 5 days ago

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

Live Law  

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. The court after going through the records said, "After the registration of the crime in …

So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers
2 weeks ago

So Horrendous: Karnataka HC Refuses To Quash FIR Against Madarasa Trustee For Not Reporting Alleged Sexual Assault Of Minor By Two Teachers

Live Law  

The Karnataka High Court has refused to quash case registered against founder trustee of a Madarasa who did not report to the police about the alleged incident of unnatural sexual assault committed by two Madarasa teachers on a minor boy. Justice M Nagaprasanna dismissed the petition filed by Mohammed Aamir Raza who is the trustee of Manik Mastan Madarasa and …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
2 weeks, 4 days ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 weeks, 6 days ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
1 month ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court
1 month, 1 week ago

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court

Live Law  

The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee. A single judge bench of Justice S Sunil Dutt Yadav said “The appellate …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
1 month, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

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, …

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna
3 months, 3 weeks ago

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna

The Hindu  

The High Court of Karnataka on Friday directed the trial court not to record further proceedings based on the charge sheet filed against former Minister and MLA for Holenarsipur H.D. Justice M. Nagaprasanna passed the interim order on the petition filed by Mr. Revanna, who questioned the legality of registration of FIR on the alleged incident said to have been …

Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC
4 months, 3 weeks ago

Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC

Live Law  

The Karnataka High Court has urged the Central Government to amend Section 184 of Bharatiya Nagarik Suraksha Sanhita to provide that adult victims of rape be examined in hospitals by only female doctors, so as to protect their right to privacy. Further it has directed authorities to educate and sensitise all the stakeholders viz., Police officials, Prosecutors, Doctors and other …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
5 months, 2 weeks ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
5 months, 3 weeks ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police
6 months ago

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police

The Hindu  

Applying its 2022 judgement of quashing criminal proceedings, against a party organiser, on technical reasons in the 2020 drug racket case, the High Court of Karnataka has also quashed the criminal proceedings against actress Sanjana Galrani, realtor Shivaprakash alias Chippi and financial manager in a tech company Adithya Mohan Agarwal. Though the police had registered the FIR in 2020 on …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
6 months ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'
6 months ago

Karnataka BJP's Animated Video Case: High Court Exempts Personal Appearance Of JP Nadda, Amit Malviya In Probe Over 'Promoting Enmity'

Live Law  

The Karnataka High Court on Friday granted interim relief to Bharatiya Janata Party National President J P Nadda and BJP IT Cell head Amit Malaviya, in connection with an FIR registered over an allegedly offensive animated video was posted on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. A single judge bench of Justice …

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody
6 months, 1 week ago

POCSO Act: Karnataka High Court Grants Bail To Youth Accused Citing Chances Of Coming In Contact With Hardcore Criminals In Custody

Live Law  

The Karnataka High Court recently granted bail to a 20-year-old who allegedly, after having chats with a minor girl over Instagram, took her intimate photos, committed sexual assault and started blackmailing the victim and her family members. A single judge bench of Justice M G Uma allowed the bail petition observing that “The petitioner is hardly aged 20 years. If …

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment
6 months, 1 week ago

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment

Live Law  

The Karnataka High Court has dismissed a petition filed by a doctor seeking to quash an offence registered against him under Section 354-A on the complaint lodged by a patient. If any act of the kind emerges even as an allegation, the relationship of trust between the doctor and a patient gets eroded.” It was stated that the complainant, on …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
6 months, 2 weeks ago

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny

The Hindu  

The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to …

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024
6 months, 3 weeks ago

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024

Live Law  

Citations: 2024 LiveLaw 233 To 2024 LiveLaw 242 Nominal Index: M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. Needless to observe that Regulation 25 of the KSRTC Regulations, 1971 also mandates to refer to the past conduct and history sheet of the workman.” Karnataka High Court Waives Compulsory Rural Service …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
7 months, 2 weeks ago

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Live Law  

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority. A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was …

Minor raped for months, impregnated in Karnataka's Hubballi, 19-year-old arrested
7 months, 3 weeks ago

Minor raped for months, impregnated in Karnataka's Hubballi, 19-year-old arrested

India Today  

A 19-year-old man was arrested on charges of raping a minor girl for months and impregnating her in Karnataka's Hubballi. According to the police, the accused allegedly raped the 17-year-old girl several times between January 1, this year, until May 3. "Acting on the complaint, we registered a case and arrested the accused and are ensuring all further police action …

Revision Petition Challenging Order Of Waqf Board Is To Be Made In 90 Days As Per High Court Rules: Karnataka HC
8 months, 3 weeks ago

Revision Petition Challenging Order Of Waqf Board Is To Be Made In 90 Days As Per High Court Rules: Karnataka HC

Live Law  

The Karnataka High Court has held that though there is no specific period fixed for preferring the Revision petition under the Waqf Act, 1995 however, as per provisions of the High Court of Karnataka Rules, 1959, petitions to revise the order or proceedings of any court shall be presented to the High Court within a period of ninety days from …

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court
9 months, 3 weeks ago

S.19 POCSO Act Doesn't Obligate Doctor To "Investigate And Gather Knowledge" Of Sexual Assault To Report It To Police: Karnataka High Court

Live Law  

The Karnataka High Court has held that Sections 19 and 21 of the Protection of Children from Sexual Offences Act puts an obligation on a doctor to inform the relevant authorities when she/he has knowledge of an offence under the Act. The prosecution opposed the plea saying as the material placed on record by the prosecution do establish the knowledge …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 4 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Karnataka High Court Weekly Roundup: January 22 - January 28, 2024
10 months, 3 weeks ago

Karnataka High Court Weekly Roundup: January 22 - January 28, 2024

Live Law  

Nominal Index: Raktima Khanum AND Union of India & Others. Ownpath Learning Private Limited and said “Freezing the bank accounts of the Petitioner - Company in respondent No.2 Bank, is quashed.” PDS Depots Not Profit Oriented, Unscrupulous License Holders Must Be Weeded Out: Karnataka High Court Case Title: K L Shivanna AND Deputy Commissioner, Tumkuru District Case No: Writ Appeal …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
11 months, 2 weeks ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
1 year ago

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

Live Law  

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made. Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical …

Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy
1 year ago

Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy

Live Law  

The Karnataka High Court has permitted a 16-year-old victim of sexual assault to terminate her 26-week-old pregnancy. A single judge bench of Justice M Nagaprasanna allowed a plea by the minor girl who was represented by her mother and said, “In the light of the opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions …

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023
1 year ago

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023

Live Law  

Nominal Index: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur. 2023 LiveLaw 456 Harish B T And Life Insurance Corporation of India 2023 LiveLaw 457 PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court Case Title: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur Case …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 1 month ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime
1 year, 1 month ago

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

Live Law  

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most the cases …

Madras High Court Weekly Round-Up: October 16 to October 22, 2023
1 year, 2 months ago

Madras High Court Weekly Round-Up: October 16 to October 22, 2023

Live Law  

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw 317 To 2023 LiveLaw 327 NOMINAL INDEX Tamil Nadu Football Association and Others v Pennar Junior FC and Others, 2023 LiveLaw 317 Dr Vinith v State and Others, 2023 LiveLaw 318 Mr K Ramachandran v The Principal Secretary to Government and Others, 2023 LiveLaw 319 Tamil …

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court
1 year, 2 months ago

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

Live Law  

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee Meeting. It was also pointed that on 14.03.1993 itself, the State …

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023
1 year, 2 months ago

Karnataka High Court Weekly Round-Up: September 18 To September 24, 2023

Live Law  

Nominal Index : Veerbhadra Gowda & ANR AND State of Karnataka & Others. 2023 LiveLaw 365 Judgments/Orders Land Earmarked For Village Cattle Can Be Diverted For Larger Public Purposes Like Waste Disposal Unit: Karnataka High Court Case Title: Veerbhadra Gowda & ANR AND State of Karnataka & Others Case No: WRIT PETITION NO. Therefore, the offence punishable under Section 498A …

Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023
1 year, 3 months ago

Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023

Live Law  

Nominal Index: ABC And XYZ. 2023 LiveLaw 357 Judgments/Orders Husband Subjecting Wife To Creditors' Action By Misusing Her Signed Cheques Constitutes 'Cruelty': Karnataka High Court Case Title: ABC And XYZ Case No: MISCELLANEOUS FIRST APPEAL NO.4402 OF 2017 C/W MISCELLANEOUS FIRST APPEAL NO.4403 OF 2017 Citation: 2023 LiveLaw 351 The Karnataka High Court has dismissed the appeal preferred by a …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 4 months ago

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations

India TV News  

The Karnataka High Court has quashed the criminal proceedings in a case against BJP national president JP Nadda in connection with an election speech ahead of the Assembly polls in May, and called it a “reckless registration of crime." A complaint was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, alleging that …

Karnataka High Court Refuses To Quash Abetment Of Suicide Case Against Three For Allegedly Teasing Colleague Over Sexual Orientation
1 year, 4 months ago

Karnataka High Court Refuses To Quash Abetment Of Suicide Case Against Three For Allegedly Teasing Colleague Over Sexual Orientation

Live Law  

The Karnataka High Court recently refused to quash criminal proceedings initiated against three employees of Lifestyle International Private Limited, accused of teasing their colleague on his sexual orientation, which is alleged to have caused him to commit suicide. It said, “It is not a case where there is no prima facie material or the allegations are made in thin air.” …

Karnataka High Court Quashes Medical Negligence Complaint In Absence Of Expert Opinion
1 year, 5 months ago

Karnataka High Court Quashes Medical Negligence Complaint In Absence Of Expert Opinion

Live Law  

The Karnataka High Court recently quashed a medical negligence case registered against three doctors as the police failed to support the charge by obtaining an expert's opinion. A single judge bench of Justice Sachin Shankar Magadum allowed the quashing petition observing, “If the Medical Council of India while entertaining the appeal has concluded that there is no medical negligence, I …

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 …

S.21 POCSO Act | Karnataka High Court Refuses To Quash FIR Against Gynaecologist For Failure To Report Sexual Assault On Minor
1 year, 6 months ago

S.21 POCSO Act | Karnataka High Court Refuses To Quash FIR Against Gynaecologist For Failure To Report Sexual Assault On Minor

Live Law  

Merely because it is six months, it cannot be said that the petitioner should be left off the hook at this stage. In this backdrop, a single judge bench of Justice M Nagaprasanna observed, Section 19 of POCSO Act mandates every person who has knowledge that sexual assault on a minor has been committed, to report it to the Special …

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused
1 year, 6 months ago

Karnataka High Court Quashes POCSO Case Against Man Who Dropped Minor Victim At Her Home On Instructions Of Main Accused

Live Law  

The Karnataka High Court has quashed the criminal proceedings launched under the Protection of Children From Sexual Offences Act against a man who dropped the minor victim at her home on the instructions of main accused. are juxtaposed to each other and read in tandem what can be unmistakably inferred is that the role of the petitioner nowhere figures before …

'Only After Physical Relationship, Issue Regarding Marriage Cropped Up': Calcutta High Court Quashes Rape Case
1 year, 7 months ago

'Only After Physical Relationship, Issue Regarding Marriage Cropped Up': Calcutta High Court Quashes Rape Case

Live Law  

The Calcutta High Court recently quashed criminal proceedings against an accused for the alleged offence of rape on the ground that the physical relationship between him and the victim was consensual and the issue of marriage cropped up only after the physical relationship. The single judge bench of Justice Tirthankar Ghosh noted: “Having regard to the version of the complainant …

Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India
1 year, 8 months ago

Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India

Live Law  

The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India for holding a meeting and gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19. Justice J M Khazi sitting at Dharwad bench allowed the petition filed by Khadar Basha and others …

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea
1 year, 8 months ago

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea

Live Law  

The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force. Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said …

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
1 year, 9 months ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
1 year, 10 months ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

Karnataka High Court Directs DGP To Hold Departmental Enquiry Against Police Officer For Inordinate Delay In Registering FIR Even After Magistrate's Order
1 year, 10 months ago

Karnataka High Court Directs DGP To Hold Departmental Enquiry Against Police Officer For Inordinate Delay In Registering FIR Even After Magistrate's Order

Live Law  

The Karnataka High Court has directed the Director General and Inspector General of Police to hold a departmental enquiry against police inspector Praveen K.Y of the Cottonpet Police station, for failure to comply with the order passed by the Magistrate court directing registration of First Information Report on a private complaint of theft. The magistrate court vide its order dated …

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim
1 year, 11 months ago

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim

Live Law  

The Andhra Pradesh High Court last week quashed a rape case/complaint filed by a woman against the accused and allowed her to compromise the matter with him. The Court further noted that the Supreme Court, however, in the Case of K Dhandapani vs State 2022 LiveLaw 477, permitted the compounding of an offence under Section 376 of IPC as well …

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