Benefit Of Any Doubt In Age Of Victim To Go To The Accused, Holds Delhi HC [Read Judgment]
6 years, 4 months ago

Benefit Of Any Doubt In Age Of Victim To Go To The Accused, Holds Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently asserted that the benefit of any doubt in the age of the victim needs to go to the accused.Justice Sanjeev Sachdeva explained that to this end, the age of the victim in such cases would have to be taken to be the higher of the range as determined by the medical examination, while keeping in view the margin of error of 1 to 2 years.The court was hearing a. The Delhi High Court recently asserted that the benefit of any doubt in the age of the victim needs to go to the accused. Justice Sanjeev Sachdeva explained that to this end, the age of the victim in such cases would have to be taken to be the higher of the range as determined by the medical examination, while keeping in view the margin of error of 1 to 2 years. Upholding the impugned order, Justice Sachdeva ruled, “Keeping in view the fact that benefit of doubt has to go to the accused, the age would have to be taken to be the higher of the range as determined by the medical examination while, further keeping in view the margin of error of 1 to 2 years.”

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History of this topic

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity
1 month, 1 week ago

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity

Hindustan Times  

New Delhi, The Delhi High Court has refused to quash an FIR against A MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity Justice Neena Bansal Krishna said Maliwal's claim that she was protected from prosecution as her …

Delhi HC seeks response from Police on STD testing for minors in sexual cases
1 month, 2 weeks ago

Delhi HC seeks response from Police on STD testing for minors in sexual cases

Hindustan Times  

The Delhi High Court has sought responses from the Centre, Delhi Police on a plea seeking guidelines for testing the accused and minor survivors in sexual offences of sexually transmitted diseases. In response to a plea seeking guidelines for testing the accused and young survivors of sexual assaults for sexually transmitted diseases, the Delhi High Court has requested comments from …

Madras HC rules it’s not a doctor’s duty to verify victim's age, quashes POCSO case
2 months, 3 weeks ago

Madras HC rules it’s not a doctor’s duty to verify victim's age, quashes POCSO case

New Indian Express  

MADURAI: Observing that a doctor does not bear the responsibility of verifying the victim’s age or ascertaining whether any offence has been committed in cases of abortion, the Madurai Bench of the Madras High Court quashed a criminal case against a 70-year-old doctor at a private hospital in Tiruchy. The judge noted that the victim’s sister had lodged the complaint …

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

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
4 months, 2 weeks ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that …

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, 3 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 …

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
6 months, 2 weeks ago

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

Live Law  

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

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction
9 months ago

No Parent In Our Society Can Damage Reputation Of Their Daughter Regarding Her Chastity: Patna High Court Upholds Rape Conviction

Live Law  

The Patna High Court while deciding on a criminal appeal against the conviction of appellant under Section 3 POCSO Act for penetrative sexual assault and under Section 376 IPC for rape, observed, The appellant claimed that he was falsely implicated for extortion of money and getting the victim married to him. However, the Court acquitted the appellant under Section 3 …

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man
9 months, 2 weeks ago

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Live Law  

The Punjab & Haryana High Court has directed the Child Welfare Committee, constituted under the Juvenile Justice Act, 2015, to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.A 15-year-old girl had moved Court through her friend. The Punjab …

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
9 months, 2 weeks ago

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376, 506 of the Indian Penal Code, and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be …

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
9 months, 3 weeks ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express  

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

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

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

Live Law  

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

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
1 year, 6 months ago

S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court

Live Law  

The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it …

Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official
1 year, 7 months ago

Delhi High Court Takes Suo Motu Cognizance Of Minor's Rape Allegedly By Delhi Govt's WCD Official

Live Law  

The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of Delhi government’s Women and Child Development Department.Premoday Khakha is accused of raping the minor over several months and impregnating her. The Delhi High Court on Monday took suo motu cognizance of a minor girl's rape allegedly by an official of …

Calcutta HC Suspends Sentence of Woman Convicted for Killing of 6-Yr-Old Step-daughter
1 year, 8 months ago

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

News 18  

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

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court
1 year, 9 months ago

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court

Live Law  

Owing to several procedural lapses by the Juvenile Justice Board, Yavatmal, the Bombay High Court ordered re-adjudication of a plea to try two juveniles as adults in the case of a gang-rape of a minor girl. Justice GA Sanap at the Nagpur bench noted that the JJB’s roznama didn’t specify if the juveniles or their advocates were even given a …

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members
1 year, 10 months ago

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members

Live Law  

The Supreme Court on Wednesday directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she …

Andhra Pradesh High Court Dismisses Plea Against Minimum Age Condition In NEET
2 years ago

Andhra Pradesh High Court Dismisses Plea Against Minimum Age Condition In NEET

Live Law  

The division bench of Chief Justice Prashant Kumar Mishra and Justice R. Raghunandan Rao of the Andhra Pradesh High Court has dismissed a petition challenging the constitutional validity of the fixation of a minimum age of 17 years for appearing in the National Eligibility-cum-Entrance Test. The bench said that the High Court has already decided on the constitutional validity of …

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
2 years, 2 months ago

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks

The Hindu  

In a significant judgment allowing a minor rape victim to terminate her 25-week pregnancy, the Delhi High Court has also issued guidelines for investigating officers in all cases where a victim is pregnant due to sexual assault, and the pregnancy has crossed 24 weeks. “In case a minor victim is examined by such Board, appropriate report will be placed before …

Supreme Court Annual Digest 2022- Juvenile Justice Act
2 years, 2 months ago

Supreme Court Annual Digest 2022- Juvenile Justice Act

Live Law  

Juvenile Justice Juvenile Justice - Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition- Where the plea of juvenility is raised at a belated stage, often certain medical tests are resorted to forage determination in absence of the documents - While appreciating the evidence adduced on behalf …

'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter
2 years, 3 months ago

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

Live Law  

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

Seeking minor's confession of crime unconstitutional, declares Delhi High Court
2 years, 6 months ago

Seeking minor's confession of crime unconstitutional, declares Delhi High Court

Firstpost  

The high court was hearing a criminal reference relating to the issuance of guidelines to be followed by Juvenile Justice Boards in conducting preliminary assessments before sending a minor for trial as an adult New Delhi: Seeking a confession about an alleged crime committed by a juvenile is unconstitutional as a “presumption is raised at the pre-trial stage itself that …

POCSO | Issue Regarding Determination Of Victim's Age Can Be Raised At Any Stage, Even Before Appellate Forum: Meghalaya High Court
2 years, 7 months ago

POCSO | Issue Regarding Determination Of Victim's Age Can Be Raised At Any Stage, Even Before Appellate Forum: Meghalaya High Court

Live Law  

The Meghalaya High Court recently observed that it is incumbent upon the Court, hearing a POCSO case, to be certain of the age of the victim before proceeding with the matter. The Court further held that determination of victim's age is an important issue going to the root of the matter and should therefore be decided as a preliminary issue. …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 7 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court
2 years, 7 months ago

Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court

Live Law  

The Madras High Court recently modified a judgment of conviction under the Protection of Children from Sexual Offences Act to one under the IPC after observing that the prosecution had failed to establish the age of the victim at the time of the offence. The court opined that when the prosecution had not produced the Transfer certificate of the victim …

'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court
2 years, 8 months ago

'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has made it clear that the presumption of innocence in favour of a juvenile under Section 3 of the Juvenile Justice Act, 2015 cannot be applied to the adult co-accused in a crime.Justice Sanjay Dhar thus rejected the contention raised by the Petitioners herein that since the. The Jammu and Kashmir and …

Age Determination Process of Juvenile Offenders to be Completed Within 15 Days: Delhi HC
3 years, 4 months ago

Age Determination Process of Juvenile Offenders to be Completed Within 15 Days: Delhi HC

News 18  

The Delhi High Court has directed that the process of age determination of a juvenile in conflict with law shall be completed within 15 days of filing of documents and ossification test by the investigating officer of a case. The high court said the investigating officer shall ensure that the ossification test in relation to the juvenile is completed, a …

Juvenile Justice Act- Delhi High Court Issues TimeLine For Completing 'Age Determination' Of 'Juveniles In Conflict With Law'
3 years, 4 months ago

Juvenile Justice Act- Delhi High Court Issues TimeLine For Completing 'Age Determination' Of 'Juveniles In Conflict With Law'

Live Law  

The Delhi High Court has issued directions for streamlining the process of inquiries relating to juveniles in conflict with law and scrupulous compliance by all authorities. A bench comprising Justice Siddharth Mridul and Justice Anup J Bhambhani issued the following directions: In all cases pertaining to juveniles in conflict with law, regardless of the nature of offences alleged, upon directions …

Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case
3 years, 6 months ago

Deposition Of Child Witness 'Tutored': Bombay High Court Acquits Accused In POCSO Case

Live Law  

Observing that a child witness, by reason of his/her tender age, is a pliable witness and is amenable to tutoring and inducement, the Bombay High Court has acquitted a man convicted for raping a victim less than five year old. Justice Anuja Prabhudessai, disbelieving the child witness testimony before the trial court, as well as casting doubt on the child's …

"Not A Child But A Neo-Adult': Delhi Court Grants Bail To 19 Year Old Murder Accused
3 years, 8 months ago

"Not A Child But A Neo-Adult': Delhi Court Grants Bail To 19 Year Old Murder Accused

Live Law  

A Delhi court granted bail to a 19-year-old accused of murder charges by opining that the accused may be an adult in the eyes of law, however, his mental age might not be in consonance with the legislated age of maturity. Additional Sessions Judge Vishal Gogne of the Dwarka District Courts observed, "The applicant, 19 years in age, is not …

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case
3 years, 8 months ago

The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case

Live Law  

The evidence of approximate age of the prosecutrix cannot take the place of proof of exact age, the Patna High Court observed while acquitting an accused in a POCSO case.Arjun, the accused, was found guilty of rape of a girl aged about 13 years. The evidence of approximate age of the prosecutrix cannot take the place of proof of exact …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 7 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

Delhi HC Convicts 'Barely 17 Yr Old Boy' For Rape And Sentences Him To 7Yrs As He Fails To Claim Juvenility [Read Judgment]
5 years, 1 month ago

Delhi HC Convicts 'Barely 17 Yr Old Boy' For Rape And Sentences Him To 7Yrs As He Fails To Claim Juvenility [Read Judgment]

Live Law  

The Delhi High Court on Monday convicted and sentenced a minor boy under IPC and POCSO on the charges of raping a 16 yrs old girl, without taking into account the provisions of the Juvenile Justice Act, 2015. Justice Vibhu Bakhru sentenced him to undergo 7 years imprisonment, the minimum punishment stipulated in the IPC and POCSO, as the convict …

Court Should Lean In Favour Of Declaring Accused A 'Juvenile' In Borderline Cases; Bombay HC Sets Aside Death Penalty [Read Judgment]
5 years, 5 months ago

Court Should Lean In Favour Of Declaring Accused A 'Juvenile' In Borderline Cases; Bombay HC Sets Aside Death Penalty [Read Judgment]

Live Law  

The Bombay High Court on Tuesday allowed a criminal application filed by one Sandeep Shirsat, convicted of murder and rape and declared him to be a juvenile at the time of crime. Division bench of Justice BP Dharmadhikari and Justice SK Shinde set aside the findings recorded against the applicant accused by the trial court in judgement dated May 11, …

‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court
5 years, 11 months ago

‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court

Hindustan Times  

The Bombay high court recently held that in the event of the prosecution failing to prove guilt of the accused, it was the responsibility of the court to safeguard the rights of the survivor. ‘If prosecution fails, the court must protect survivor’s rights’: Bombay high court The court was hearing an appeal by a rape convict against his 20-year conviction …

Lack Of Injury On Rape Victim’s Body Is Of No Help In Determining Consent: Bombay HC [Read Judgment]
6 years, 3 months ago

Lack Of Injury On Rape Victim’s Body Is Of No Help In Determining Consent: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has overturned a 21-year-old trial court verdict and has convicted a 41-year-old man in a rape case of a girl in 1996.In doing so, the bench comprising Justice Indrajit Mahanty and Justice VK Jadhav commented on the issue of absence of injury and inference of consent, observing, “Absence of any injury on the body of the …

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]
6 years, 3 months ago

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently held that a 'child', as is defined under Section 2 of the Juvenile Justice Act, 2000, who has not committed a heinous offence, cannot be tried at a Children's Court.Under Section 19 of the JJ Act, a Children's Court may send a child to a place of safety till he attains the age of 21 …

'Miscarriage of justice': 10 months after man's death, Delhi High Court acquits him of charges of raping minor daughter
6 years, 3 months ago

'Miscarriage of justice': 10 months after man's death, Delhi High Court acquits him of charges of raping minor daughter

Firstpost  

An erroneous approach of the trial court led to “miscarriage of justice” for a man convicted of allegedly raping his minor daughter 17 years ago, but justice was finally delivered to him when the Delhi High Court acquitted him on Wednesday — 10 months after he died while maintaining his innocence until the end. New Delhi: An erroneous approach of …

Benefit Of Any Doubt In Age Of Victim To Go To The Accused, Holds Delhi HC [Read Judgment]
6 years, 4 months ago

Benefit Of Any Doubt In Age Of Victim To Go To The Accused, Holds Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently asserted that the benefit of any doubt in the age of the victim needs to go to the accused.Justice Sanjeev Sachdeva explained that to this end, the age of the victim in such cases would have to be taken to be the higher of the range as determined by the medical examination, while keeping in …

Minor Rape Victim Cries Foul Over JJB Holding Accused To Be Under 18 At Time of Crime, Delhi HC Orders Proper Inquiry [Read Order]
6 years, 5 months ago

Minor Rape Victim Cries Foul Over JJB Holding Accused To Be Under 18 At Time of Crime, Delhi HC Orders Proper Inquiry [Read Order]

Live Law  

As a minor victim of rape cried foul over Juvenile Justice Board holding the accused to be a juvenile without any substantial evidence, the Delhi High Court has directed the board to hold proper inquiry before returning a finding on the juvenility claim of the accused, which has already consumed almost two years time since the commission of the offence.Justice …

Bombay HC Quashes Order Sentencing Accused To 20 Yrs For Raping Minor Girl As Accused Was Juvenile At The Time Of Incident [Read Judgment]
6 years, 8 months ago

Bombay HC Quashes Order Sentencing Accused To 20 Yrs For Raping Minor Girl As Accused Was Juvenile At The Time Of Incident [Read Judgment]

Live Law  

The Bombay High Court recently quashed and set aside a judgment and order of a Special POCSO Judge convicting a man accused of raping a minor girl suffering from mental retardation. Thus, the high court ordered the Special POCSO Judge to conduct an inquiry contemplated under Section 7a of the POCSO Act regarding the accused’s age. Judgment Justice Badar referred …

Aadhaar Card Can Be Considered As Proof Of Age: Delhi HC , Disagrees With Madras HC
6 years, 10 months ago

Aadhaar Card Can Be Considered As Proof Of Age: Delhi HC , Disagrees With Madras HC

Live Law  

Proof of Age: The Rule does not require, either expressly or by necessary implication, that the date of birth of the person should figure on the body of the said document, the bench observed.The Delhi High Court has held that Aadhaar card can be considered as a proof of age for the purpose of Rule 7 of the Juvenile Justice …

Aadhaar Card Can Be Considered As Proof Of Age: Delhi HC , Disagrees With Madras HC
6 years, 10 months ago

Aadhaar Card Can Be Considered As Proof Of Age: Delhi HC , Disagrees With Madras HC

Live Law  

Proof of Age: The Rule does not require, either expressly or by necessary implication, that the date of birth of the person should figure on the body of the said document, the bench observed.The Delhi High Court has held that Aadhaar card can be considered as a proof of age for the purpose of Rule 7 of the Juvenile Justice …

Delhi HC overturns acquittal in rape of minor girl
7 years ago

Delhi HC overturns acquittal in rape of minor girl

Hindustan Times  

The Delhi high court on Thursday sentenced to 10 years in jail a man accused of kidnapping and raping a minor girl, terming his acquittal by the trial court in January 2017 “shockingly absurd”. The high court criticised the trial court and said it found its approach to dealing with the matter “extremely casual”. The case is one of over …

Supreme Court allows abortion for 13-year-old rape victim
7 years, 6 months ago

Supreme Court allows abortion for 13-year-old rape victim

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday allowed a 13-year-old rape victim, a Class VII student from Mumbai to terminate her 31-week-old pregnancy, preferably on September 8 at the JJ hospital. The bench took note of the medical report filed by a board of JJ hospital doctors which stated that the foetus could be medically terminated. Experts welcome SC abortion …

SC reserves verdict on criminalising marital rape
7 years, 6 months ago

SC reserves verdict on criminalising marital rape

ABP News  

New Delhi, September 6 : The Supreme Court on Wednesday reserved its verdict on a plea seeking clarification if a man's physical relation with his wife below 18 years of age amounts to rape or not. The apex court was hearing a plea filed by an NGO seeking to make marital rape a criminal offence. The HC then asked the …

Imposing Inadequate Sentence Showing Undue Sympathy Harms The Justice System: Delhi HC [Read Judgment]
7 years, 9 months ago

Imposing Inadequate Sentence Showing Undue Sympathy Harms The Justice System: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi recently refused to reduce the sentence awarded to a 45 year old man convicted for raping and attempting to murder his ex-employer’s daughter-in-law, observing that showing undue sympathy and imposing inadequate sentence harms the justice system.“It is the duty of every court to award proper sentence having regard to the nature of the offence and …

Delhi HC Upholds Step-Father’s Conviction And Sentence For Raping 8 Year Old Girl [Read Judgment]
7 years, 9 months ago

Delhi HC Upholds Step-Father’s Conviction And Sentence For Raping 8 Year Old Girl [Read Judgment]

Live Law  

The High Court of Delhi on Thursday upheld the conviction and sentence of a man convicted for raping his 8 year old step-daughter.Justice Mukta Gupta dismissed the Appeal filed by the accused- Deepak, who had challenged his conviction for offences under Sections 363, 342, 376, 342, 376, and 323 of the Indian Penal Code. The accused had relied on the …

Delhi HC Upholds Step-Father’s Conviction And Sentence For Raping 8 Year Old Girl [Read Judgment]
7 years, 9 months ago

Delhi HC Upholds Step-Father’s Conviction And Sentence For Raping 8 Year Old Girl [Read Judgment]

Live Law  

The High Court of Delhi on Thursday upheld the conviction and sentence of a man convicted for raping his 8 year old step-daughter.Justice Mukta Gupta dismissed the Appeal filed by the accused- Deepak, who had challenged his conviction for offences under Sections 363, 342, 376, 342, 376, and 323 of the Indian Penal Code. The accused had relied on the …

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