Allahabad High Court Annual Criminal Law Digest 2023

LiveLaw brings to you Allahabad High Court Digest on Criminal law cases from the year 2023.“Be Careful In Future”: Allahabad High Court Takes Exception To Trial Court's Judgment Mentioning Alleged Rape Victim's Name Case title - Bablu @ Jitendra And Another vs. State of U.P [CRIMINAL APPEAL No. - 1201 of 2021] Case Citation: 2023 LiveLaw (AB) 3 The Allahabad High Court took exception to a judgment delivered by Sessions Court, Kanpur Dehat in which the rape victim's name was mentioned and said that the Judge should be careful while dealing with such matters in the future. The bench of Justice Samit Gopal said it is well established that in cases like the present one, the name of the victim is not to be mentioned in any proceeding. “Before parting with the case it is necessary to mention that despite Section 228-A of the Indian Penal Code, 1860, various judgments of the Apex Court and High Courts of not disclosing the name of the victim of offence of rape, the trial court has specifically mentioned the name of the victim/prosecutrix while recording her evidence in court and at various places in the impugned judgment. Despite various reminders by the Apex Court about it, the trial court appears to have been ignorant about it,” the Court remarked in its order. Victim's Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case Case title - Ajeet Singh Constable vs. State Of U.P. And Anr [CRIMINAL APPEAL No. - 7478 of 2018] Case Citation: 2023 LiveLaw (AB) 4 The Allahabad High Court acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution's case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of the victim and hence, the trial court was not justified in returning the finding of guilt against the accused-appellant. 'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry Case title - Pintu Kumar vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 37170 of 2022] Case Citation: 2023 LiveLaw (AB) 8 The Allahabad High Court denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. “Such criminal tendencies growing in the society must be nipped in the bud to convey a strong message to the culprits in the society,” the bench of Justice Saroj Yadav observed as it called the alleged offence, a 'serious' one. 'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR Case title - Vaibhav Kumar Pandey And Another vs. Union Of India And 2 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 9 of 2023] Case Citation: 2023 LiveLaw (AB) 10 The Allahabad High Court dismissed a Public Interest Litigation (PIL) plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR. The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being 'misconceived' as it noted that such a prayer need not be addressed in a public interest litigation. Conversion Of Plea U/S 156 (3) CrPC Into A Complaint Isn't An Interlocutory Order; Revision Against It Maintainable: Allahabad HC Case title - Ruchi Mittal @ Smt Ruchi Garg vs. State of U.P. and Another [APPLICATION U/S 482 No. - 26037 of 2022] Case Citation: 2023 LiveLaw (AB) 11 The Allahabad High Court has observed that a Magistrate's order, rejecting an application under Section 156(3) CrPC or converting it into a complaint, is not an interlocutory order and the aggrieved party can prefer revision against it under Section 397 CrPC. The court also added that such an order of the magistrate cannot be challenged in a plea moved under Section 482 CrPC as an alternative remedy of filing a revision under section 397 CrPC is available to the aggrieved party. Carrying Firearm To Place Of Occurrence Indicates Intention Of Accused To Cause Death: Allahabad HC Upholds Murder Conviction Case title - Kailash vs. State of U.P along with a connected appeal Case Citation: 2023 LiveLaw (AB) 12 The Allahabad High Court upheld the conviction and life sentence awarded to two men for killing a man with a country-made pistol in the year 2005. The court said that the act of the accused carrying a firearm weapon at the place of occurrence was itself indicative of their intention to cause death or such injury as is likely to cause death. The bench of Justice Suneet Kumar and Justice Vikram D. Chauhan also noted that the nature of the injury and the body part, where ...

Allahabad High Court Annual Criminal Law Digest 2023

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