SC Sets Aside Orissa High Court’s Grant Of Compensation For Illegal Custody After Acquittal [Read Order]
7 years, 11 months ago

SC Sets Aside Orissa High Court’s Grant Of Compensation For Illegal Custody After Acquittal [Read Order]

Live Law  

In 2015, Justices Vinod Prasad and S.K.Sahoo of Orissa High Court granted Rs.20 lakhs as compensation to Duleswar Barik, kept under illegal custody for seven long years, even though he was acquitted for the offence of murdering six persons, on the ground that he was suffering from insanity.On March 20, the Supreme Court bench of justices Adarsh Kumar Goel and Uday Umesh. In 2015, Justices Vinod Prasad and S.K.Sahoo of Orissa High Court granted Rs.20 lakhs as compensation to Duleswar Barik, kept under illegal custody for seven long years, even though he was acquitted for the offence of murdering six persons, on the ground that he was suffering from insanity. On March 20, the Supreme Court bench of justices Adarsh Kumar Goel and Uday Umesh Lalit, set aside the High Court’s order granting compensation to Barik, accepting the plea of the Orissa Government that it was not responsible for his illegal custody. The High Court reasoned: “It cannot be said that since the petitioner is poor, his compensation should also be poorly assessed; It cannot be gainsaid that if the petitioner would have been allowed to become free earlier, he could have established himself as an important member of the community in the meantime and would have recovered much more quicker in a caring and healthy atmosphere and we are of further view that the State is liable to pay compensation for the illegal and unjustified detention of Barik inside jail barrack.” The Supreme Court appears to have completely ignored the following, while concluding that Barik was not entitled to compensation: The State authorities did not take Barik to Nimhans, Bangalore, for taking a final opinion, although it was recommended by the doctors who examined him.

Compensation Court Custody Order State High Supreme Jail Illegal His Release Orissa Section 84 Orissa High Court Illegal Custody Barik  orissa  jail  sets  custody  sc  illegal  supreme  barik  grant  read  court  high  courts  compensation  order

History of this topic

SC asks Odisha to decide the premature release plea of Staines murderer in six weeks
Trending News
4 days, 3 hours ago

SC asks Odisha to decide the premature release plea of Staines murderer in six weeks

The Hindu  

The Supreme Court on Wednesday asked the Odisha government to take a call on the plea for premature release filed by Ravindra Pal alias Dara Singh, who is serving life sentence for the murders of Australian missionary Graham Stuart Staines and his two minor sons in 1999. Viswanathan gave the State government six weeks to decide the convict’s plea for …

Odisha HC overturns POCSO court decision referring major accused to juvenile board
1 month ago

Odisha HC overturns POCSO court decision referring major accused to juvenile board

New Indian Express  

CUTTACK: The Orissa High Court has set aside the order of Special POCSO Court, Sambalpur, referring a 20-year-old accused to the Juvenile Justice Board simply because he was a minor at the inception of a continuing offence of alleged rape. The accused shall be tried strictly in accordance with law, as a major, without recourse to the protective provisions of …

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'
1 month ago

'Raises Concerns About Competence Of Judge': Orissa HC Sets Aside Order In POCSO Case Wrongly Treating Major Accused As 'Juvenile'

Live Law  

The Orissa High Court has heavily criticized a Special Court under the Protection of Children from Sexual Offence Act for treating an accused as 'juvenile' and referring the case to Juvenile Justice Board despite having enough materials to suggest that the last act in the 'continuing offence' was committed by the accused much after he attained majority. While reprimanding the …

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy
1 month, 3 weeks ago

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy

New Indian Express  

CUTTACK: The Orissa High Court has ordered for the restoration of a girl child to her biological parents who are facing trial for kidnapping a baby boy from a hospital by abandoning her. The alleged kidnapping of a baby boy and abandonment of the girl child was reported from Balasore district headquarters hospital on April 4, 2024. While directing the …

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court
4 months, 1 week ago

Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court

Live Law  

The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy. While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed …

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man
7 months ago

Supreme Court restores conviction in minor's rape, overturns Calcutta HC's order acquitting man

Live Mint  

The apex court criticised the verdict last year and termed some of the high court's observations “highly objectionable and completely unwarranted.” The Supreme Court of India has today restored the conviction of a man who raped a minor girl after he was acquitted by the Calcutta High Court, which in its judgement asked adolescent girls to "control their sexual urges", …

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

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 2 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 …

SC Refuses to Stay Sai Baba Acquittal
1 year ago

SC Refuses to Stay Sai Baba Acquittal

Deccan Chronicle  

New Delhi: Terming the Bombay High Court order clearing former Delhi University professor G.N. Saibaba and others in the Maoist links case “prima facie well-reasoned”, the Supreme Court on Monday rejected a Maharashtra government application seeking a stay on their acquittal in the case. “Prima facie, we find that the High Court order is well reasoned,” the bench said, with …

‘A Person Hardly Expected To Outrage Modesty Of Aunt Along With Brother’: Orissa High Court Quashes Man's Conviction U/S 354 IPC
1 year, 5 months ago

‘A Person Hardly Expected To Outrage Modesty Of Aunt Along With Brother’: Orissa High Court Quashes Man's Conviction U/S 354 IPC

Live Law  

The Orissa High has acquitted a man accused of outraging the modesty of his aunt, being associated with other accused persons including his brother, in a 31-year-old-case. While giving relief to the appellant, the Single Bench of Justice Sashikanta Mishra observed, “Learned Sessions Judge therefore, could not persuade himself to believe that an elder brother and younger brother would jointly …

S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court
1 year, 7 months ago

S.444 CrPC | Court Should Not Initiate Criminal Proceedings Against Surety If He Seeks To Discharge Himself: Orissa High Court

Live Law  

The Orissa High Court has recently held that Courts should not initiate criminal proceedings against sureties if they seek to discharge themselves. Nowhere it is provided that when a surety seeks to discharge himself, the Court concerned shall initiate criminal proceedings against him,” the Court observed. The appellant on receipt of the notice filed his show cause and stated his …

Jolt to ex-DU prof, SC sets aside clean chit in Maoist case
1 year, 11 months ago

Jolt to ex-DU prof, SC sets aside clean chit in Maoist case

Hindustan Times  

The Supreme Court on Wednesday set aside the Bombay high court order acquitting former Delhi University professor GN Saibaba and four others for alleged Maoist links, and directed the high court to allocate a new bench to decide the matter afresh preferably within four months. The court was hearing appeals filed by the Maharashtra government challenging the acquittal order passed …

SC sets aside Bombay HC order acquitting former DU professor GN Saibaba
1 year, 11 months ago

SC sets aside Bombay HC order acquitting former DU professor GN Saibaba

Hindustan Times  

The Supreme Court on Wednesday set aside a Bombay High Court order acquitting former Delhi University professor G N Saibaba in an alleged Maoist links case and remanded it to the high court for fresh consideration on merits within four months. The Court was hearing appeals filed by the Maharashtra government challenging the order of acquittal passed on October 14 …

“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody
2 years ago

“Legal System Completely Failed Him”: Orissa High Court Orders ₹10 Lakh Compensation To Wife Of Tribal Man Killed In Police Custody

Live Law  

The Orissa High Court has ordered the Central Reserve Police Force and the Odisha Police to pay an amount of rupees ten lakhs as compensation to the wife of a tribal man who was killed in their custody in 2010. The mandatory fundamental rights available to an arrested person as spelt out in in Article 22 and of the Constitution …

Contempt Of Court Case: Punjab & Haryana High Court Sentences Dismissed Punjab DSP, His Aide To 6 Months In Jail
2 years ago

Contempt Of Court Case: Punjab & Haryana High Court Sentences Dismissed Punjab DSP, His Aide To 6 Months In Jail

Live Law  

The Punjab and Haryana High Court today sentenced dismissed Punjab Police DSP Balwinder Singh Sekhon and his aide, one Pardeep Sharma to 6 months imprisonment in the contempt case for circulating 'malicious', 'libelous', and 'derogatory' videos on social media pertaining to judicial proceedings of the Judges of the HC. The background of the case Earlier on Feb 15, the Court …

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case
2 years, 1 month ago

Orissa High Court Refuses To Reverse 29 Yrs Old Acquittal Order In 'Civil Dispute' Painted As Theft Case

Live Law  

The Orissa High Court has recently declined to interfere in an appeal against acquittal of some persons, which was recorded by a Magistrate Court in 1994, for allegedly cutting and removing away paddy from the complainant’s field. While dismissing the appeal, the Single Judge Bench of Justice Gourishankar Satapathy said: “One of the important facts, which weighed in the mind …

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court
2 years, 2 months ago

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

Live Law  

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government …

Important Decisions Of Orissa High Court In 2022
2 years, 2 months ago

Important Decisions Of Orissa High Court In 2022

Live Law  

The year 2022 has come to an end. Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33 POCSO Act: Orissa High Court Case Title: Pidika Sambaru v. State of Odisha & Anr. "Transgender Has Every Right To Choose Gender": Orissa High Court Orders Family Pension To Transwoman Case Title: …

Orissa High Court Annual Digest 2022 [Citations 1-165]
2 years, 2 months ago

Orissa High Court Annual Digest 2022 [Citations 1-165]

Live Law  

Index of Citations The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, defendant neither can be relegated to the original position nor can be allowed to file written statement. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To …

Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'
2 years, 6 months ago

Orissa High Court Upholds Life Sentences Of Murder Convicts Basing Upon Testimony Of 'Child Witness'

Live Law  

The Orissa High Court has upheld the life imprisonment of two murder convicts while placing reliance upon the testimony of a child witness. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash observed, "In the present case, the Court is satisfied that the evidence of PW-14, the child witness, is clear and cogent without any contradictions …

Orissa High Court Denies Bail To Man Accused Of Raping Woman On False Assurance Of Marriage
2 years, 9 months ago

Orissa High Court Denies Bail To Man Accused Of Raping Woman On False Assurance Of Marriage

Live Law  

The Orissa High Court has recently denied bail to a man, who was accused of having sexual intercourse against the will of a woman on the false assurance of marriage. While rejecting the bail, a Single Judge Bench of Justice Sanjeeb Kumar Panigrahi quoted the following observation made by the Supreme Court in State of Madhya Pradesh v. Madanlal, "Dignity …

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence
2 years, 10 months ago

Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence

Live Law  

The Orissa High Court has confirmed the conviction and the ensuing life term imposed on a man for committing murder of his cousin-brother. While dismissing the appeal filed by the accused against his conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik found no reason to interfere with the reasoned order of the Trial …

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website
2 years, 11 months ago

Right To Be Forgotten | Man Facing Difficulties In Getting Job Due To An Order By Which He Was Acquitted: Bombay HC Orders Its Removal From Court Website

Live Law  

The Bombay High Court recently ordered the removal of an acquittal order from the Court's website on a plea moved by a person/accused who was facing difficulties in getting job due to the acquittal order passed in his favor.Essentially, he had moved to the Court arguing that even though the order was one of acquittal, still it was descriptive, and …

100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law
3 years, 2 months ago

100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law

Live Law  

As the year comes to an end Live Law brings to you a News Digest of 100 Significant Cases from the Bombay High Court in Civil, Constitutional and Criminal Law 1. Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC: Bombay High Court A single bench of Justice Pushpa Ganediwala held that …

Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case
3 years, 7 months ago

Orissa High Court Issues Notice On A Decade Old Plea Seeking Compensation For Incarceration In Allegedly False Sedition Case

Live Law  

The Orissa High Court has ordered fresh issuance of notices to the Respondents in a decade-old matter for compensation to a lawyer-activist, allegedly incarcerated on the false charge of sedition.A division of Bench of Chief Justice Muralidhar and Justice BP Routray rejuvenated the matter by ordering fresh notices, upon observing that the case was only listed twice in the last …

SC Grants AP SEC A Week To File Affidavit; State Assures Compliance Of HC Order In Reinstating Ramesh Kumar as SEC
4 years, 7 months ago

SC Grants AP SEC A Week To File Affidavit; State Assures Compliance Of HC Order In Reinstating Ramesh Kumar as SEC

Live Law  

The Supreme Court on Friday granted the Andhra Pradesh State Election Commissioner a week's time to file an affidavit after being informed of the abuse being faced by High Court judges on social media, for having reinstated retired IAS officer Nimmagadda Ramesh Kumar to the office. Appearing for the SEC, senior advocate Harish Salve apprised the Court of the language …

A Case Of No Evidence: SC Acquits 7 Accused In 1984 Anti Sikh Riots [Read Order]
5 years, 10 months ago

A Case Of No Evidence: SC Acquits 7 Accused In 1984 Anti Sikh Riots [Read Order]

Live Law  

The Supreme Court recently acquitted 7 persons accused of their involvement in 1984 Anti Sikh Riots who were convicted by the Delhi High Court, in November last year. The High Court had heavily relied on the evidence of Rijju Singh, Pat Ram, Shoorvir Singh Tyagi and Manphool Singh to convict the accused. Referring to their deposition, the Apex Court bench …

High Courts Weekly Round-Up
8 years ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. Allahabad High Court A full …

High Courts Weekly Round-Up
8 years ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtA full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.The High Court recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. Allahabad High Court A full …

Supreme Court Weekly Round-Up
8 years, 5 months ago

Supreme Court Weekly Round-Up

Live Law  

Rape & Murder of 7Yr Old Girl: Accused acquitted Of Murder Charges and Quashes Death Penalty; Upholds Lifer for Rape The Apex Court in Rajesh vs. State of Madhya Pradesh acquitted a rape-cum-murder accused of murder charges and upheld life imprisonment and conviction under Section 376 and 377 IPC. HC Action Against Contempt Of Subordinate Court, Only By Reference Or …

Supreme Court Weekly Round-Up
8 years, 5 months ago

Supreme Court Weekly Round-Up

Live Law  

Rape & Murder of 7Yr Old Girl: Accused acquitted Of Murder Charges and Quashes Death Penalty; Upholds Lifer for Rape The Apex Court in Rajesh vs. State of Madhya Pradesh acquitted a rape-cum-murder accused of murder charges and upheld life imprisonment and conviction under Section 376 and 377 IPC. HC Action Against Contempt Of Subordinate Court, Only By Reference Or …

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]
8 years, 5 months ago

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]

Live Law  

High Court has not even stated facts and nature of evidence so as to make out that the conclusion of the trial court was not perverse, the Bench observed.Disposing of an appeal against a ‘cryptic’ order passed by a high court in a government appeal against the acquittal of an accused by a trial court in Uttar Pradesh, the Supreme …

High Courts Weekly Round-Up
8 years, 8 months ago

High Courts Weekly Round-Up

Live Law  

Bombay high CourtBombay High Court recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. Bombay high Court Bombay High Court recently acquitted an Accused who challenged his conviction under Section 498A of Indian Penal Code. Delhi High Court A Division Bench of Delhi High Court adjourned Advocate SurenUppal’s Petition seeking a court-monitored investigation into …

SC Issues Notices To R K Sharma In Shivani Murder Case
13 years, 1 month ago

SC Issues Notices To R K Sharma In Shivani Murder Case

India TV News  

New Delhi, Feb 13 : The Supreme Court today sought dismissed IPS officer R K Sharma's response on a Delhi police plea challenging his acquittal in the Shivani Bhatnagar murder case. A bench of justices Aftab Alam and Ranjana Prakash Desai issued notices also to Sri Bhagwan and Satya Prakash, who too were acquitted by the Delhi High Court in …

Delhi High Court Acquits R K Sharma in Shivani Bhatnagar Murder
13 years, 5 months ago

Delhi High Court Acquits R K Sharma in Shivani Bhatnagar Murder

India TV News  

New Delhi, Oct 12: The Delhi High Court today acquitted former senior IPS officer Ravi Kant Sharma and two others in the sensational killing of journalist Shivani Bhatnagar in 1999. The court, however, upheld the conviction and life sentence of the fourth accused, Pradeep Sharma, who had killed the scribe, then working with the Indian Express. The lower court had …

Discover Related