BREAKING| 'Virginity Test On Accused Unconstitutional': Delhi High Court Allows Sister Sephy To Seek Compensation
2 years, 1 month ago

BREAKING| 'Virginity Test On Accused Unconstitutional': Delhi High Court Allows Sister Sephy To Seek Compensation

Live Law  

The Delhi High Court on Tuesday held that the virginity test conducted on Sister Sephy in the 1992 Sister Abhaya murder case is unconstitutional. Justice Swarana Kanta Sharma observed that the virginity test conducted on an accused during investigation, whether in judicial or police custody, is unconstitutional as being in violation of Article 21 of Constitution of India. Underscoring that Article 21 is not suspended during investigation, the court granted liberty to Sister Sephy to seek compensation for violation of her human rights after the criminal case is over. The Court had relied on virginity test findings to support its finding that Sister Abhaya was murdered to cover-up the clandestine relationship between Sephy and another accused Father Kottoor.

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History of this topic

'Virginity' test on female accused, in judicial or police custody, is sexist and unconstitutional: Delhi HC
2 years, 1 month ago

'Virginity' test on female accused, in judicial or police custody, is sexist and unconstitutional: Delhi HC

India TV News  

Delhi High Court on female virginity test : The Delhi High court on Tuesday declared that the virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution which includes right to dignity. Justice Swarana Kanta Sharma while passing the judgment stated that …

Virginity Test Is Sexist, Can’t Be Performed On Female Accused In The Name Of Finding Truth: Delhi High Court
2 years, 1 month ago

Virginity Test Is Sexist, Can’t Be Performed On Female Accused In The Name Of Finding Truth: Delhi High Court

Live Law  

Calling it a form of “inhuman treatment”, the Delhi High Court on Tuesday held that conducting virginity test on a female detainee or accused under investigation is unconstitutional and in violation of her right to dignity enshrined under Article 21 of the Constitution of India.Justice Swarana Kanta Sharma held that virginity test is “sexist” and violates human right to dignity …

Sister Abhaya Murder Case: Virginity Test of Accused in Custody Unconstitutional, Rules Delhi High Court
2 years, 1 month ago

Sister Abhaya Murder Case: Virginity Test of Accused in Custody Unconstitutional, Rules Delhi High Court

News 18  

The Delhi High Court ruled on Tuesday that the virginity test of an accused during investigation is unconstitutional. The court declared unconstitutional the virginity test conducted on Sister Steffi – the accused in the Sister Abhaya Murder Case in Kerala. “It is declared that the virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial …

Sister Abhaya murder case: Virginity test unconstitutional, says Delhi HC
2 years, 1 month ago

Sister Abhaya murder case: Virginity test unconstitutional, says Delhi HC

Hindustan Times  

The virginity test conducted on a female detainee or accused under investigation whether in judicial or police custody is unconstitutional, the Delhi high court said on Tuesday. While holding the virginity test conducted on Sister Sephy, convicted for the murder of Sister Abhaya in 1992 in Kerala, as unconstitutional, justice Swarn Kanta Sharma said the basic dignity of a person …

Delhi High Court Protects Unnao Rape Survivor From Coercive Action In Case Alleging DoB Forgery
2 years, 2 months ago

Delhi High Court Protects Unnao Rape Survivor From Coercive Action In Case Alleging DoB Forgery

Live Law  

The Delhi High Court has directed that no precipitate action be taken against Unnao rape survivor in an FIR registered by husband of an accused, alleging that the victim and her mother had forged the date on her birth certificate for invoking offences under POCSO Act.Justice Anup Jairam Bhambhani issued notice in the anticipatory bail plea moved by the victim …

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023
2 years, 6 months ago

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023

Live Law  

Supreme Court bench of Justice Ajay Rastogi and Justice B. V. Nagarathna today issued notice on a batch of petitions filed assailing the split verdict of the Delhi High Court on the issue of Marital Rape. Counsel appearing for All India Democratic Women's Association, Advocate Karuna Nundy submitted that "the substantial question of law in the opinion of the two …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle  

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

Sister Abhaya Murder Case : Kerala High Court Raises Prima Facie Doubts At Witness Statements While Suspending Convicts' Sentence
2 years, 8 months ago

Sister Abhaya Murder Case : Kerala High Court Raises Prima Facie Doubts At Witness Statements While Suspending Convicts' Sentence

Live Law  

The Kerala High Court on Thursday granted bail to convicts Sister Sephy and Father Thomas Kottoor as an interim measure, suspending their sentence till the disposal of the appeal in the 1992 Sister Abhaya murder case. ".A3 is not on trial for her loose morals or character flaws", the High Court said. On the evidence of doctor regarding ante-mortem injuries …

Convicts Sentenced to Life in Abhaya Murder Case, Granted Bail by Kerala HC
2 years, 8 months ago

Convicts Sentenced to Life in Abhaya Murder Case, Granted Bail by Kerala HC

News 18  

The Kerala High Court on Thursday granted bail to a Catholic priest and a nun convicted and sentenced to life imprisonment for the murder of 21-year old Sister Abhaya, whose body was found in the well of a convent in Kottayam in 1992. The order came in an application seeking bail filed by them in their respective appeals challenging their …

Nun and priest get bail in Sister Abhaya murder case
2 years, 8 months ago

Nun and priest get bail in Sister Abhaya murder case

Hindustan Times  

The Kerala high court on Thursday granted bail to a Catholic priest and a nun who were sentenced to life imprisonment in connection with the murder of 19-year-old sister Abhaya, whose body was found inside a well at a convent in Kottayam in 1992. Father Thomas Kotoor and sister Sefi were convicted and awarded life imprisonment by a special court …

Marital rape: Appeal filed in SC against Delhi HC’s split verdict
2 years, 10 months ago

Marital rape: Appeal filed in SC against Delhi HC’s split verdict

Hindustan Times  

NEW DELHI: An appeal has been filed in the Supreme Court against the Delhi High Court’s split verdict on a bunch of pleas seeking to criminalise marital rape. Khushboo Saifi moved the appeal through her counsel days after the high court last week gave the verdict while referring the matter to the Supreme Court for an authoritative decision. Both the …

The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 10 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down …

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench
2 years, 10 months ago

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench

Firstpost  

During the hearing of criminalising marital rape in the Delhi High Court, Justice Rajiv Shakdher said that marital rape is violative of the Constitution, but Justice C Hari Shanker upheld the validity of Section 376B and 198B The Delhi High Court Wednesday delivered a split verdict on criminalising marital rape. During the hearing, Justice Rajiv Shakdher said that marital rape …

Delhi HC Delivers Split Verdict on Criminalising Marital Rape, Case Goes to Supreme Court Next
2 years, 10 months ago

Delhi HC Delivers Split Verdict on Criminalising Marital Rape, Case Goes to Supreme Court Next

News 18  

A two-judge bench of Delhi High Court pronounced split verdict on criminalising marital rape on Wednesday, leaving the law unchanged for now. Justice Rajiv Shakdher ruled in favour of criminalising marital rape while Justice Hari Shankar disagreed. The much-debated issue of criminalising marital rape will go to the Supreme Court now that the two-judge bench of the Delhi High Court …

Delhi HC upholds conviction against father-uncle duo for sodomising minor girl
3 years, 3 months ago

Delhi HC upholds conviction against father-uncle duo for sodomising minor girl

Op India  

The Delhi HC on Monday affirmed a father-uncle duo convicted for sodomising the minor daughter of one of the accused but absolved them of gang rape reasoning that there was no penile-vaginal penetration, a prerequisite for rape charge under the unamended Section 375 of Indian Penal Code. A Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani was hearing an …

[Sister Abhaya Murder Case] Convicts Back In Jail After Parole: State Informs Kerala High Court
3 years, 5 months ago

[Sister Abhaya Murder Case] Convicts Back In Jail After Parole: State Informs Kerala High Court

Live Law  

The State informed the Kerala High Court on Monday that the convicts in the Sister Abhaya murder case, namely Fr. Thomas Kottur and Sister Sefi, have returned to jail after parole.The Division Bench was hearing a plea filed by a Human Rights Activist challenging the order releasing the convicts on parole, alleging that such a move was illegal. The Division …

Sister Abhaya Murder Case: Convicted Nun Moves Kerala HC Seeking Suspension of Sentence
4 years, 1 month ago

Sister Abhaya Murder Case: Convicted Nun Moves Kerala HC Seeking Suspension of Sentence

News 18  

A nun convicted in the Sister Abhaya murder case moved the Kerala High Court on Thursday, seeking to suspend the sentence pending disposal of the appeal filed against the verdict of the Special CBI court, Thiruvananthapuram, awarding her life sentence. In its December 23 judgment, the CBI special court had awarded double life sentence to Father Kottoor and imposed a …

Abhaya Murder Case: Kerala High Court Admits Appeal Filed By Accused Father Kottoor, Issues Notice To CBI
4 years, 2 months ago

Abhaya Murder Case: Kerala High Court Admits Appeal Filed By Accused Father Kottoor, Issues Notice To CBI

Live Law  

The Kerala High Court has admitted the appeal filed by Father Thomas Kottoor against his conviction and sentence in the murder of Sister Abhaya in 1992.A division bench comprising Justices K Vinod Chandran and M R Anitha has issued notice to CBIKottoor was sentenced to life by the Special CBI Court, Thiruvnanathapuram on December 23.He argues in the appeal that …

Sister Abhaya Case : Kerala High Court To Consider Fr Thomas Kottoor's Appeal Tomorrow
4 years, 2 months ago

Sister Abhaya Case : Kerala High Court To Consider Fr Thomas Kottoor's Appeal Tomorrow

Live Law  

The Kerala High Court will consider for admission tomorrow the appeal filed by Father Thomas Kottoor against his sentence and conviction for the murder of Sister Abhaya in 1992.The criminal appeal is listed before a division bench comprising Justices K Vinod Chandran and M R Anitha tomorrow.Kottoor, who was sentenced to life by the Special CBI Court, Thiruvnanathapuram on December …

Sister Abhaya case | Priest, nun, and the murder of a witness
4 years, 2 months ago

Sister Abhaya case | Priest, nun, and the murder of a witness

The Hindu  

Seated between two plainclothesmen, Father Thomas Kottoor, a 71-year-old Catholic priest, looked out of the window of the police vehicle. Sister Abhaya case | Crime Branch destroyed evidence: CBI Later, the Kochi unit of the CBI took over the case from the Delhi unit and filed one more report, in 2005, reiterating the request to close the case as an …

'Fascinatingly Bizarre' : CBI Court Remarks On Harish Salve Representing Poorly-Paid Convent Cook In Abhaya Case
4 years, 2 months ago

'Fascinatingly Bizarre' : CBI Court Remarks On Harish Salve Representing Poorly-Paid Convent Cook In Abhaya Case

Live Law  

In the judgment in the Sister Abhaya murder case, the Special CBI Court has termed it 'fascinatingly bizarre' that one of the witnesses in the case, the poorly paid convent cook Achamma, had carried out 'highly expensive litigation' in far away New Delhi to challenge the constitutional validity of narco-analysis test.The Court described it as a "fascinatingly bizarre" fact as …

Allegations Against Priest and Nun in Sister Abhaya's Murder Case 'Unbelievable', Says Church
4 years, 2 months ago

Allegations Against Priest and Nun in Sister Abhaya's Murder Case 'Unbelievable', Says Church

News 18  

The Knanaya Catholic Church on Wednesday termed as ‘unbelievable’, the allegations against its priest and a nun, convicted of murder by a CBI court in the Sister Abhaya case, as it said they have the right to go for an appeal and prove their ‘innocence.’ The Kottayam diocese of the church, however, said it accepted the verdict of the court, …

Sister Abhaya Case : 17 Circumstances Which Led CBI Court To Convict Father Thomas Kottoor & Sister Sephy
4 years, 2 months ago

Sister Abhaya Case : 17 Circumstances Which Led CBI Court To Convict Father Thomas Kottoor & Sister Sephy

Live Law  

A special CBI Court at Thiruvananthapuram on Wednesday sentenced to life imprisonment Father Thomas M Kottoor and Sister Sephy, a priest and a nun of the Catholic church respectively, for the murder of Sister Abhaya 28 years ago.Special CBI Judge K Sanilkumar found Kottoor and Sephy guilty of murder accepting the case of the Central Bureau of Investigation that Sister …

Sister Abhaya murder case: Priest, nun sentenced to life imprisonment by CBI court
4 years, 2 months ago

Sister Abhaya murder case: Priest, nun sentenced to life imprisonment by CBI court

India TV News  

A special Central Bureau of Investigation court in Thiruvananthapuram on Wednesday sentenced a priest and a nun to life imrisonment in connection with Sister Abhaya murder case. The special CBI court sentenced accused Father Thomas Kottoor and Sister Sephy to life term holding them responsible for the murder of 19-year-old nun Abhaya in 1992. The court had on Tuesday found …

Sister Abhaya Murder: Kerala priest, nun get life imprisonment
4 years, 2 months ago

Sister Abhaya Murder: Kerala priest, nun get life imprisonment

Hindustan Times  

A special court of the Central Bureau of Investigation on Wednesday sentenced Father Thomas Kotoor and Sister Sephy to life imprisonment for murdering Sister Abhaya, who was found dead in a well at Pious X Convent of the Knanaya Catholic order in Kottayam in March 1992. Sister Sephy, who was pronounced guilty by a CBI court in the Sister Abhaya …

28 Years After Murder of Kerala's Sister Abhaya, Accused Priest, Nun Sentenced to Life Imprisonment
4 years, 2 months ago

28 Years After Murder of Kerala's Sister Abhaya, Accused Priest, Nun Sentenced to Life Imprisonment

News 18  

The two prime accused found guilty of killing teenaged nun Sister Abhaya have been sentenced to life imprisonment, almost 28 years after the gruesome murder shook the country. The state police had initially concluded Sister Abhaya, a student of Kottayam’s BCM College, and a member of the Knanaya Catholic community died by suicide on March 27, 1992. The accused had …

BREAKING -Sister Abhaya Case : CBI Court Sentences Priest, Nun To Life Imprisonment For Murder
4 years, 2 months ago

BREAKING -Sister Abhaya Case : CBI Court Sentences Priest, Nun To Life Imprisonment For Murder

Live Law  

A special CBI Court at Thiruvananthapuram on Wednesday sentenced to life imprisonment Father Thomas M Kottoor and Sister Sephy, a priest and a nun of the Catholic church respectively, for the murder of Sister Abhaya 28 years ago.The culprits were also imposed a fine of Rupees 5 lakh each under Section 302 of the Indian Penal Code. A special CBI …

Sister Abhaya gets justice after 28 years. Read details of the case
4 years, 2 months ago

Sister Abhaya gets justice after 28 years. Read details of the case

Op India  

‘Justice delayed is just denied’ but for family members of Sister Abhaya, whose life came to a tragic end at the tender age of 19, it is a day of relief. The Breakthrough in the Sister Abhaya case By 2008, the CBI had filed for the closure of the case four times due to lack of evidence. Following the tests, …

28 Yrs Later, Father, Nun Found Guilty in Murder of Sister Abhaya
4 years, 2 months ago

28 Yrs Later, Father, Nun Found Guilty in Murder of Sister Abhaya

The Quint  

January 1993: Kerala crime branch closed the case reporting it was a case of suicide. March 1993: Human Rights activist Jomon Puthenpurackal filed a petition. December 2008: In its third report, the CBI told a court in Ernakulam that it was a murder and arrested three accused – Catholic priests, Father Thomas Kottoor and Father Jose Poothrukayil, and a nun, …

28 Years After Murder of Kerala's Sister Abhaya, CBI Court Holds Priest, Nun Guilty of Crime
4 years, 2 months ago

28 Years After Murder of Kerala's Sister Abhaya, CBI Court Holds Priest, Nun Guilty of Crime

News 18  

A CBI court in Thiruvanathapuram has found two people guilty of the murder of Sister Abhaya, 28 years after the crime. Another accused, Father Jose Poothrikkayil was discharged in March 2018 by CBI court following his discharge plea. The prosecution case is that the accused struck a fatal blow to Sister Abhaya’s head with a blunt object after she saw …

Sister Abhaya Case : After 28 Years, CBI Court Finds Priest & Nun Guilty Of Murder
4 years, 2 months ago

Sister Abhaya Case : After 28 Years, CBI Court Finds Priest & Nun Guilty Of Murder

Live Law  

In the 28 year old Sister Abhaya murder case, a court in Kerala pronounced a guilty verdict on Monday.A Special CBI Court in Thiruvananthapuram found Father Thomas Kottoor and Sister Sephy, a priest and nun of the Catholic Church respectively, guilty of murder in the case.The details of the reasoning and the findings of the court will be known after …

Kerala's Sister Abhaya murder case accused found guilty after 28 years
4 years, 2 months ago

Kerala's Sister Abhaya murder case accused found guilty after 28 years

India Today  

The two accused in the Sister Abhaya murder case in Kerala have been found guilty by a special CBI court. The CBI special court in Thiruvanathapuram has now said that Father Thomas Kottur and Sister Sephy are accused persons in the case. As the court insisted on a re-investigation, the CBI finally arrested Father Thomas Kottur, Jose Puthrikayil and Sister …

28 Years After Murder of Kerala's Sister Abhaya, CBI Court Verdict Expected Today
4 years, 2 months ago

28 Years After Murder of Kerala's Sister Abhaya, CBI Court Verdict Expected Today

News 18  

The verdict in the sister Abhaya murder case, which had shaken the conscience of Kerala, is expected on Tuesday after almost 28 years. The second accused, father Jose Poothrikkayil, was discharged in March 2018 by CBI court following his plea. The accused had struck a fatal blow to sister Abhaya’s head with a blunt object when she entered the kitchen …

Trial finally begins in 27-year-old Abhaya murder case
5 years, 8 months ago

Trial finally begins in 27-year-old Abhaya murder case

The Quint  

Thiruvananthapuram, July 11 The trial in the 27-year-old Sister Abhaya murder case finally began at the CBI special court here on Thursday. Facing trial in this notorious case are Catholic priest Thomas M. Kottur, the first accused and a nun, Seffi, who is the third accused. The second accused in the case, another Catholic priest Jose Poothrikkayil, however, was discharged …

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