Madras High Court Upholds POCSO Conviction Relying On Child's DNA Report Despite Survivor Turning Hostile; Modifies Sentence To 20 Yrs

The Madras High Court has upheld the conviction of a man under POCSO Act for sexually assaulting a minor girl ultimately leading to pregnancy and wherein the trial court had relied on the child's DNA report to substantiate offence of penetrative sexual assault. The appellant claimed that neither the girl nor her parents supported the prosecution's case and the trial court had convicted...

Approaching DGP Instead Of Officer-In-Charge Of Police Station Does Not Satisfy Section 154 CrPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has quashed an FIR and a Magistrate's order passed under Section 156(3) CrPC, holding that a complainant cannot directly approach the Magistrate without first complying with the mandatory requirement under Section 154(1) CrPC of furnishing information to the officer-in-charge of the concerned police station.A Single Judge Bench of Justice Rakesh Kainthla...

P&H High Court Uses Suo Motu Revisional Power In Pre-Arrest Bail Plea, Says Custodial Interrogation Can't Be Used To Extract Information After Recovery

The Punjab and Haryana High Court has granted anticipatory bail to a man booked under the Punjab Excise Act, holding that custodial interrogation cannot be justified merely to extract further information once recovery has already been effected and the accused has cooperated with the investigation.Justice Sanjay Vashisth said, "Once the recovery stood effected, the plea for custodial...

Mere Assertion That Accused Opted For Search Before Gazetted Officer Does Not Establish Compliance With S.50 NDPS Act: J&K&L High Court

Holding that mere assertion that an accused opted to be searched before a Gazetted Officer does not by itself establish compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court of Jammu & Kashmir and Ladakh has observed that the prosecution must further prove through consistent and reliable evidence that the search was actually conducted before...

Kerala High Court Rejects Jolly Joseph's Plea Against Order Allowing Examination Of Expert Who Gave Opinion On Allegedly Forged Will

The Kerala High Court on Thursday (June 4) upheld a trial court order which had allowed State's application to examine an expert witness who had given opinion regarding certain documents, including a Will, which was allegedly forged by the Jolly Joseph accused of murdering her family. The trial court had while allowing the prosecution's plea had issued summons to the witness. Against this...

J&K&L High Court Quashes FIR Over Alleged Encroachment On Evacuee Property, Says Cognisance Barred Without Complaint By Competent Authority

The Jammu and Kashmir and Ladakh High Court has quashed an FIR and all consequential proceedings against few persons who were charged under Sections 447 and 186 of the Indian Penal Code and Section 18 of the J&K State Evacuees (Administration of Property) Act, Svt. 2006, holding that the Trial Court had no jurisdiction to take cognizance of the said offences on the basis of a police report...

'Allegations Are Unpardonable': Karnataka High Court Refuses To Quash POCSO FIR Against Teacher Accused Of Sexually Assaulting Student

The Karnataka High Court on Thursday [June 4] declined to quash a POCSO case against a school headmaster accused of sexually assaulting a 15-year-old student, observing that the allegations levelled against him are 'unpardonable'.The single judge bench of Justice M. Nagaprasanna, hearing the quashing plea moved by the accused and asked him to seek discharge before the trial court. “…You...

Centre's Consent For Remission Necessary Only When Sentence For Offence Under Central Act Is Continuing: Madras High Court

The Madras High Court recently observed that the consent of the Central Government would be required in cases of remission only when the period of sentencing under the Central Act is still pending. The bench of Justice Anita Sumanth and Justice Sunder Mohan thus held that when the period of sentence under the Central Act has been served by a convict, the approval from the Central...

Lack Of CDR From Rural Telephone Exchange In 2003 Not Material : Supreme Court Upholds Conviction In Kidnapping Case

The Supreme Court recently observed that non-production of the Call Detail Record (CDR) would not be fatal to the prosecution's case, when the substantive oral evidence remains cogent, credible, and completely unimpeached. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale upheld the conviction of two individuals, who were accused of kidnapping for a ransom under Section 346A...

O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court

Rajasthan High Court has said that an armed forces personnel–posted as a Soldier, Sailor or Airman, must be served summons for service of a case through their commanding officer as provided under General Rules (Civil & Criminal) 2018. The court was considering the question 'Whether the service of summons upon a person, who is posted as Soldier, Sailor or Airman in the Armed Forces can...

POCSO | Success Of Protection Laws Depends On Child's Emotional Well Being: Madras High Court Moots State-Wide Sensitisation Programme

The Madras High Court recently highlighted that the true success of the child protection laws in the state rests not merely on the number of convictions secured, but on the overall well-being of the child and the sensitivity with which the institutions treat the child who comes into the justice system. “The true success of child protection jurisprudence will not be measured solely...

Bihar Court Sentences 85-Year-Old Man To 3 Yrs In Jail In 1992 Attempt To Murder Case; Granted Provisional Bail

A Court in Bihar's Vaishali district on Tuesday convicted an 85-year-old man in connection with a 1992 attempt to murder case. Additional District and Sessions Judge Manoj Kumar Tiwari found the octogenarian, Deep Rai, guilty under Sections 147 (rioting), 148 (rioting armed with a deadly weapon) and 307 (attempt to murder) IPC, along with Section 27 of the Arms Act. Rai...