Gauhati High Court
Uncorroborated Evidence Of Prosecutrix Sufficient But Father's Failure To Disclose Sexual Assault Casts Doubt On Her Credibility: Gauhati High Court
The Gauhati High Court recently acquitted two persons who were convicted for the offence of penetrative sexual assault on a minor under Section 4 of POCSO Act on the ground that even though father of the victim had lodged the FIR, he did not alleged any sexual offence.The single bench comprising Justice Susmita Phukan Khaund observed,“Why the father of the victim did not support the victim....
A Decade Later, Gauhati High Court Directs SC Woman Who Was Wrongfully Treated As 'General Category' Be Appointed To Existing/Future Vacancy
The Gauhati High Court has directed the Assam Government to appoint a Schedule Caste Community woman, who was wrongfully denied of her appointment as Ward Girl in the year 2012 by terming her to be a General Category Candidate, in any existing or future vacancy of the said post.The single bench of Justice Sanjay Kumar Medhi observed,“when the petitioner was belonging to the SC category which...
Centre Notifies Appointment Of Judicial Officer From Arunachal Pradesh As Gauhati High Court Judge
The Central Government today notified the appointment of Arunachal Pradesh judicial officer Budi Habung as an Additional Judge of the Gauhati High Court for a period of two years.The notification issued by the Law Ministry reads as follows:“In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Shri Budi Habung, to be...
All Police Stations In Assam Now Have Functional CCTV Cameras: State To Gauhati High Court
The Assam Government on Wednesday informed the Gauhati High Court that installations of CCTV cameras at all Police Stations in the State of Assam have been completed and cameras are functional.The division bench comprising the Chief Justice Sandeep Mehta and Justice Susmita Phukan Khaund was further apprised that the recording storage capacity of the Police Stations is 01 month and for...
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...