Gauhati High Court
Can't Base Conviction On Retracted Confession Sans Corroboration: Gauhati High Court Acquits Five In 2004 Independence Day Blast At Dhemaji
The Gauhati High Court recently acquitted five persons who were convicted by the Trial Court in Dhemaji Bomb Blast case of 2004 in which 13 persons including 10 children were killed and around 20 persons were grievously injured during the Independence Day celebrations at Dhemaji College Play Ground.The division bench of Justice Michael Zothankhuma and Justice Mridul Kumar Kalita noted that...
Eyewitness Did Not Term Incident As 'Rape', No Whisper About 'Resistance Of Victim', Was It Consensual? Gauhati High Court Sets Aside Conviction
Disbelieving the prosecutrix's testimony, the Gauhati High Court has reversed the conviction of a man for alleged rape of a married woman. Justice Arun Dev Choudhury spotted discrepancy in the prosecutrix's statements and also wondered if the acts were consensual as the eyewitness had not made any statement about prosecutrix's resistance to the act.The bench observed,"She (eyewitness) went to...
Supreme Court Collegium Recommends Appointment Of Judicial Officer From Arunachal Pradesh As Gauhati High Court Judge
The Supreme Court Collegium on Thursday recommended the appointment of Arunachal Pradesh judicial officer Budi Habung as a judge of the Gauhati High Court.In its resolution uploaded on the Supreme Court website, the Collegium comprising CJI DY Chandrachud, Justices SK Kaul and Sanjiv Khanna noted that Habung is the senior most judicial officer in Arunachal Pradesh.The resolution noted that...
Gauhati HC Disallows 'Compromise' Quashing Of Case Against Man Accused Of Raping Sister, Takes Note Of ‘Serious Impact On Society'
Rejecting a compromise settlement between the victim and the accused, the Gauhati High Court recently refused to quash criminal proceedings of a rape case wherein a man has been accused of raping his sister. The Court said that the allegation has a serious impact on society. Terming the offence as "heinous", the bench of Justice Mitali Thakuria, in categorical terms, opined that it is not...
Witness Statements Contradicted During Cross: Gauhati High Court Sets Aside Conviction, Life Term For Alleged Murder Of Daughter-In-Law
The Gauhati High Court recently set aside a Murder conviction passed by the Trial Court under Section 302 of IPC on the ground that the evidence of the witnesses, who allegedly heard the deceased making dying declaration, was contradicted during their cross examination.The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi observed:“The learned Trial Court has come to...
‘Prosecution Has Failed To Prove Victim’s Age Beyond Reasonable Doubt’: Gauhati High Court Sets Aside Conviction In POCSO Case
The Gauhati High Court on Tuesday set aside the conviction and order of sentence passed by the trial court under Section 6 of POCSO Act against a man, on the ground that the prosecution has failed to prove beyond reasonable doubt that the victim was below 18 years of age at the time of incident.The single judge bench of Justice Malasri Nandi observed:“It is well settled that ossification...
Gauhati High Court Weekly Round-Up: July 31 - August 06
NOMINAL INDEX [Citations 2023 LiveLaw (Gau) 74-79]Lena Basumatary @ Lena Gayari v. The State of Assam & Anr. 2023 LiveLaw (Gau) 74Sabina Ahmed & 225 Ors. v. The Director General & 5 Ors. 2023 LiveLaw (Gau) 75B v. The State of Assam 2023 LiveLaw (Gau) 76Kalyan Barman v. The State of Assam & Anr. 2023 LiveLaw (Gau) 77Assam Power Distribution Company Ltd. v. Prafulla Brahma and...
In 1999 Bus Electrocution Case, Gauhati High Court Orders Motor Accident Claims Tribunal To Pass Fresh Judgment After Hearing Power Company
The Gauhati High Court recently set aside the Motor Accident Claims Tribunal, Kamrup's order directing Assam Power Distribution Company Limited (APDCL) to pay compensation to a person who got injured due to electrocution of a bus in which he was travelling.The single judge bench of Justice Parthiv Jyoti Saikia noted that no notice was issued to APDCL and without hearing it, the Tribunal...
Gauhati High Court Sets Aside Conviction Of Man Accused Of Murdering His Wife In 2010
The Gauhati High Court on Monday set aside the conviction of a man in a case under Section 302 and 498A of IPC and granted benefit of doubt to him. The accused was alleged to have murdered his wife. The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi passed the verdict in a case dating back to 2010. The appeal was filed by the convict in 2019.“In the present case,...
‘No Corroboration To Evidence Of Child Witness, No Medical Evidence On Record’: Gauhati High Court Sets Aside POCSO Conviction
The Gauhati High Court recently set aside the conviction in a 2014 POCSO case where a maternal uncle of the victim was accused of penetrative sexual assault. The trial court in December 2018 had sentenced the convict to imprisonment of seven years.Justice Malasri Nandi said the mother of the victim lodged the FIR and deposed before the court, on information allegedly given by the victim girl...
Gauhati High Court Quashes ICAR Order Stopping Payment Of Additional Allowances To KVK Employees Under Assam Agricultural University
The Gauhati High Court recently quashed an order issued by Indian Council of Agricultural Research (ICAR) for suspending the payment of Non-Practicing Allowance (NPA), Special Duty Allowance (SDA), Special Compensatory Allowance (SPA) and travelling Allowance (TA) earlier paid to the employees of the Krishi Vigyan Kendras (KVKs) under the aegis of the Assam Agricultural University Jorhat from...
Gauhati High Court Sets Aside Murder Conviction In 2009 Case As Post Mortem Report Not Proved Through 'Competent Person Of Medical Science'
The Gauhati High Court has set aside the murder conviction in a case dating back to 2009 on the ground that the prosecution did not examine any competent person of medical science with regard to the post-mortem report which was found admissible under Section 32(2) of Indian Evidence Act by the trial court. The division bench of Justice Lanusungkum Jamir and Justice Malasri Nandi said the...