Delhi High Court Criminal Law Digest 2023

LiveLaw brings to you Delhi High Court Digest on Criminal law cases from the year 2023. MLC Report Can't Be Discarded For Non Examination Of Doctor Who Prepared It, Colleague Can Prove Record: Delhi High Court Case Title: Kamlesh v. State Citation: 2023 LiveLaw (Del) 10 Upholding life imprisonment of an accused convicted for committing rape upon a 2 year old minor girl, the Delhi High Court has ruled that MLC (medico-legal case) report can be relied upon by the courts even when the doctor who prepared it is not examined and the record is proved by any other doctor of the hospital. The division bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar said that proving of MLC report by a colleague doctor or an administrative staff of the hospital, who identify handwriting and signatures of the doctor who had examined the patient, is sufficient and good proof. It added that such a report cannot be doubted. Delhi High Court Grants Four Weeks Parole To POCSO Convict For Filing SLP In Supreme Court Title: NEERAJ BHATT v. THE STATE (GOVT. OF NCT) OF DELHI Citation: 2023 LiveLaw (Del) 11 The Delhi High Court has granted parole of four weeks to a man convicted under Protection of Children from Sexual Offences (POCSO) Act to enable him file a special leave petition (SLP) before the Supreme Court. His conviction was upheld by the high court on July 04 last year. Justice Swarana Kanta Sharma granted relief to Neeraj Bhatt who was convicted under Sections 363 and 376(2) of Indian Penal Code, 1860 read with Section 6 of POCSO Act in December 2019 by a Special POCSO court. He was sentenced to a rigorous imprisonment of 10 years and is presently confined in the city's Mandoli jail. 'Cannot Overlook Rights Of Accused Or Convict': Delhi High Court Asks Trial Court Judges To Show Sensitivity Towards Undertrials Title: MR. SAAD AHMED SIDDIQUI (IN J.C.) & ORS. v. THE STATE (GOVT. OF NCT OF DELHI) Citation: 2023 LiveLaw (Del) 12 The Delhi High Court has advised trial court judges to pay “special attention” and “show sensitivity” in cases where accused persons are languishing in jails as undertrials and also where they may be rendered remediless. Justice Swarana Kanta Sharma observed that although criminal courts are duty bound to consider rights of the victim, they cannot overlook or brush aside the rights of an accused or a convict. “A person who gets convicted has a statutory right to challenge the conviction in a higher court as well as seek suspension of sentence. However, such statutory right can only be exercised once the order on sentence is also pronounced by the Court concerned, as sentence is a part of the judgment in a trial,” the court said. 'Lawyers In Criminal Courts Absolute Necessity, Not Luxury': Delhi High Court Acquits Man Who Faced Trial Without Any Legal Aid Title: SUNIL v. STATE Citation: 2023 LiveLaw (Del) 15 Calling it a classic case where canons of justice were kept aside by trial court as the accused wasn't provided any effective legal aid, the Delhi High Court has acquitted a man in a case of preparation for committing dacoity. "Considering the overall facts and circumstances of the case, this Court's judicial conscience does not permit to now remand back the matter and direct the learned Trial Court to again conduct a fresh trial. In view thereof, the accused is acquitted of all the charges since the trial in itself was vitiated due to non-assistance of accused by legal aid counsel, besides existence of several inconsistencies and lacunae in the case of prosecution before the learned Trial Court," said the court. Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC Title: VP v. THE STATE NCT OF DELHI & ANR Citation: 2023 LiveLaw (Del) 25 The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 (4) of CrPC in an FIR registered under section 376(3) of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law (Amendment) Act, 2018. Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of raping her minor daughter when she was 15 years of age. While the alleged incident happened in the year 2017, the FIR was filed last year. Unnao Rape Case: Delhi High Court Grants Interim Bail To Ex-BJP MLA Kuldeep Singh Sengar For Daughter's Wedding Title: Kuldeep Singh Sengar v. CBI Citation: 2023 LiveLaw (Del) 46 The Delhi High Court granted interim bail to former BJP MLA Kuldeep Singh Sengar, who was convicted and sentenced to life imprisonment in Unnao rape case, to allow him attend his daughter's wedding. A division bench of Justice Mukta Gupta and Justice Poonam A. Bamba granted interim bail to Sengar for a period of 15 days - January 27 to...

Delhi High Court Criminal Law Digest 2023

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