Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
9 months, 2 weeks ago

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

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the person who supposedly helped him locate her and these crucial omissions further weakened the prosecution's case, the bench underscored. In this case the court noted that the prosecutrix initially claimed she was drugged and taken to Rajasthan, but her statement under Section 164 CrPC mentioned prior acquaintance with Kumar and a planned trip. Furthermore, there was no evidence to support the claim that the prosecutrix was recovered from Kumar's custody, with key witnesses like the victim's brother, who allegedly rescued her, or the person who supposedly helped him locate her were not examined by the investigationg officer. Concluding that the prosecutrix's testimony was not of sterling quality due to its inconsistencies and contradictions the court criticised the trial court for not addressing these issues and relying on flawed reasoning.

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History of this topic

Bombay HC refuses to interfere in lower court order staying Maharashtra Minister’s conviction
3 days, 4 hours ago

Bombay HC refuses to interfere in lower court order staying Maharashtra Minister’s conviction

The Hindu  

The Bombay High Court on Tuesday refused to interfere in a Nashik sessions court decision that has stayed the conviction of Maharashtra Agriculture Minister Manikrao Kokate in a cheating and forgery case of 1995. The court posted the matter for further hearing on April 21 and issued notices to the respondents in the case - the Maharashtra government and Manikrao …

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
1 week, 2 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court
1 week, 6 days ago

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court

Live Law  

The Jammu and Kashmir High Court has directed the Registry to immediately redact a prosecutrix/victim's name from the identified pages and any other additional pages flagged by the prosecution in a criminal case. The court ordered that police, forensic science laboratories, and medical professionals examining the prosecutrix must ensure that the name of the prosecutrix is not to be given …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
1 week, 6 days ago

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court

Live Law  

The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination. "It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. …

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case
2 weeks, 1 day ago

Not An Isolated Incident But "Well-Orchestrated Racket": Rajasthan High Court Denies Bail To Eight Accused In Teacher Paper Leak Case

Live Law  

The Jodhpur bench of the Rajasthan High Court denied bail to all eight accused charged under IPC, Rajasthan Public Examination Act, 1992 and the Rajasthan Public Examination Amendment Act, 2022 in relation to paper leak of the examination for recruitment for Grade II Teachers. Given this evolving nature of the investigation, the premature release of any accused would not only …

Agri minister Kokate’s conviction stayed
2 weeks, 1 day ago

Agri minister Kokate’s conviction stayed

Hindustan Times  

Mumbai: The Nashik sessions court on Wednesday stayed state agriculture minister Manikrao Kokate’s conviction in a 1995 cheating and forgery case, removing necessity of his removal as a member of the legislative assembly, for now. Agri minister Kokate’s conviction stayed A magistrate court had, on February 20, convicted the minister and Nationalist Congress Party leader, 67, and his brother Sunil …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
2 weeks, 2 days ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Telangana Legal Briefs | Advocate acquitted in murder case
1 month ago

Telangana Legal Briefs | Advocate acquitted in murder case

Deccan Chronicle  

Hyderabad: A two-judge panel of Telangana High Court reiterated that mere suspicion, however strong, cannot replace proof beyond a reasonable doubt in a criminal case. The panel comprising Justice K. Surender and Justice Anil Kumar Jukanti, acquitted an advocate Potham Jagannadham Naidu in a murder case, overturning the conviction handed down by the Metropolitan Sessions Judge, Hyderabad. MD of TGSPDCL …

Former Congress MP Sajjan Kumar Found Guilty In Anti-Sikh Riots Case, Sentencing On Feb 18
1 month, 1 week ago

Former Congress MP Sajjan Kumar Found Guilty In Anti-Sikh Riots Case, Sentencing On Feb 18

ABP News  

New Delhi: A Delhi court on Wednesday convicted former Congress MP Sajjan Kumar in a case related to the murders of two persons in Saraswati Vihar area during the anti-Sikh riots. Though Punjabi Bagh police station registered the case initially, a special investigation team later took over the investigation. According to the prosecution, a huge mob, armed with deadly weapons, …

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 2 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 …

'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused
1 month, 2 weeks ago

'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused

Live Law  

While acquitting a murder accused, the Supreme Court observed that extrajudicial confession is one of the other instances of circumstantial evidence, including the accused's guilt after the incident, recovery of evidence, and others. The Court reiterated that in cases where reliance is placed solely on circumstantial evidence, a conviction can only occur when all circumstances point towards the accused's guilt. …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 2 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

Kerala man moves SC, claims he was wrongly convicted in gang rape case
1 month, 2 weeks ago

Kerala man moves SC, claims he was wrongly convicted in gang rape case

New Indian Express  

NEW DELHI: A man convicted of gang rape, sexual assault and robbery filed an appeal to the Supreme Court claiming that he was "wrongly convicted" in the case. She initially claimed only one man had committed rape on her, whereas she later revised her statement to implicate all four accused including the Petitioner, Masthan, Nayak described. "Additionally, blood samples collected …

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act
1 month, 3 weeks ago

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act

Live Law  

The Jammu and Kashmir and Ladakh High Court has reaffirmed the conviction of a former police constable under Section 3 of the Prevention of Terrorism Act, 2002, emphasizing that a confession recorded under Section 32 of POTA must be of sterling value and corroborated before it can be relied upon. that before a confession recorded under Section 32 of POTA …

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction
2 months ago

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction

Live Law  

The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra, “ In the present case, delay in identifying the accused in the Court of law when prosecutrix was being examined is fatal to the case of the prosecution. It is also not the case of the prosecution that accused were not arrested in time and therefore, despite the fact …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
Trending News
2 months, 1 week ago

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court

Live Law  

The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses. They also stated that the seizure was not preceded by any enquiry by the police “What is important to note is that these two witnesses, however, did admit putting …

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
Trending News
2 months, 1 week ago

Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court

Live Law  

The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses. They also stated that the seizure was not preceded by any enquiry by the police “What is important to note is that these two witnesses, however, did admit putting …

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case
2 months, 3 weeks ago

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case

Live Law  

A special POCSO Court in Rajasthan's Bharatpur district last week acquitted suspended judicial officer Jitendra Singh Guliya and his two clerks in connection with a case lodged against them on the allegations of repeatedly sodomising, sexually assaulting a minor boy and also threatening his family members of implicating them in false cases. The Court also took into account the discrepancies …

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms
2 months, 3 weeks ago

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

Live Law  

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

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
3 months ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

Live Law  

While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC
3 months ago

'Ensure Trials Aren't Delayed Due To Non-Production Of Accused' : Supreme Court Asks Maharashtra Govt & Bombay HC

Live Law  

The Supreme Court granted bail under the Maharashtra Control of Organised Crime Act, 1999, citing prolonged incarceration and delay in trial due to the State's failure to produce the accused on most dates out of 102 dates in the last six years. The Court directed “the Registrar General of the High Court of Judicature at Bombay, Secretary, Home, State of …

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court
3 months, 2 weeks ago

Medical Testimony Not Merely Corroborative But Independent Evidence, May Establish Facts Apart From Other Oral Evidence: J&K High Court

Live Law  

Highlighting the critical role of medical evidence in criminal trials, the Jammu and Kashmir and Ladakh High Court has observed, that the evidence of a medical witness is very crucial to corroborate the case of prosecution and it is not merely a check upon testimony of eyewitnesses as it is also independent testimony because it may establish certain facts, quite …

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC
3 months, 3 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case
4 months ago

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case

New Indian Express  

THIRUVANANTHAPURAM: In a setback to Antony Raju, former Minister and MLA of Kerala's ruling LDF, the Supreme Court on Wednesday reinstated criminal proceedings against him in a decades-old evidence tampering case. The Kerala High Court had earlier quashed the criminal case but allowed fresh proceedings to be initiated. The Supreme Court, however, noted that the High Court erred in holding …

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

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law  

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

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

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

Live Law  

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

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken
4 months, 3 weeks ago

High Court Upholds Conviction Despite Girl's Testimony Being Unshaken

Live Law  

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

Jhanvi Kukreja murder case transferred to a new court
6 months, 2 weeks ago

Jhanvi Kukreja murder case transferred to a new court

Hindustan Times  

MUMBAI: The trial in the 2021 New Year’s Eve murder of 19-year-old Jhanvi Kukreja has come to a halt after the case was unexpectedly transferred to a special court due to administrative reasons, despite the fact that twenty-eight witnesses have already been examined by the jurisdictional court. The application seeks to refer the case to the Principal Sessions Judge with …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
6 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, …

Trial Court Cannot Convict Accused Based on Police Submissions: Telangana HC
7 months, 1 week ago

Trial Court Cannot Convict Accused Based on Police Submissions: Telangana HC

Deccan Chronicle  

HYDERABAD: The Telangana High Court made it clear that trial courts cannot convict an accused on a moral basis and the basis of the confession statement recorded by the police officers, which is inadmissible. The High Court suggested the trial courts keep in mind the five golden principles —panchsheel — summed up in ‘Sharad Birdhichand Sarda vs State of Maharashtra’, …

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
8 months, 1 week ago

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

Live Law  

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

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC
8 months, 2 weeks ago

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

News 18  

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

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court
8 months, 3 weeks ago

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that for a conviction on charges of abetment to suicide, the prosecution must establish not just continuous harassment but also a clear and proximate act by the accused that demonstrably pushed the victim to take their own life. In dismissing a criminal appeal challenging the acquittal of a man accused …

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable
9 months, 1 week ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

Live Law  

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged …

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
9 months, 1 week ago

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else. The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law …

Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case
10 months ago

Court allows 5-day police custody of Bibhav Kumar in Swati Maliwal assault case

Deccan Chronicle  

New Delhi: A Delhi court allowed five-day custodial interrogation of Chief Minister Arvind Kejriwal's aide Bibhav Kumar in the Swati Maliwal assault case, sing the police remand was a “necessity” in the matter. Accordingly, the application moved by the investigating officer is partly allowed and the accused is remanded to police custody for five days,” the court said in its …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
10 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial
10 months, 3 weeks ago

Lakhimpur Kheri Case| Supreme Court Asks UP Police & Prosecutor To Ensure Presence Of Witnesses To Avoid Delay In Trial

Live Law  

The Supreme Court, while hearing Ashish Mishra's bail plea in connection with the Lakhimpur Kheri incident, observed in its order that the public prosecutor and the local police need to take effective steps to ensure the presence of witnesses during Ashish Mishra's trial in connection with the Lakhimpur Kheri incident. Today, Senior Advocate Siddhartha Dave, appearing for Mishra, apprised the …

Odisha: Court starts trial in cop assault case against Bhartruhari Mahtab
11 months ago

Odisha: Court starts trial in cop assault case against Bhartruhari Mahtab

New Indian Express  

CUTTACK: A Special Court here dealing with cases against MPs and MLAs on Friday started trial in the 13-year-old police officer assault case against Lok Sabha MP from Cuttack Bhartruhari Mahtab. The trial started in the court of Judicial Magistrate First Class, Deepankar Bal with the deposition of the first prosecution witness - sub-inspector Amitabh Mohapatra who is both informant …

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

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

Live Law  

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

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law
11 months, 1 week ago

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law

Live Law  

The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders. While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed, “Courts working in the Union Territory of Jammu and …

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries
11 months, 2 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law  

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

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

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

Live Law  

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

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court
1 year ago

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court

Live Law  

A Delhi Court has observed that women who misuse the law to falsely implicate any individual of rape should be dealt with strictly. Additional Sessions Judge Jagmohan Singh of Rohini Courts made the observation while acquitting three men in a gang rape and kidnapping case, observing that the prosecutrix's conduct was highly unnatural and belied her story. “In the considered …

Odisha: Watertight probe ended in conviction, says court
1 year, 1 month ago

Odisha: Watertight probe ended in conviction, says court

New Indian Express  

BHUBANESWAR: The Nayagarh additional district and sessions judge-cum-children’s court which handed 20 years rigourous imprisonment to the sole accused in the sensational minor girl rape and murder case has observed that the special investigation team’s watertight investigation ended in conviction of the child in conflict with law. The teen accused was tried as an adult and sentenced to 20 years …

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

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

Live Law  

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

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