Sexual Crimes Can't Be Settled On Compromise But 'Peaceful Family Life' A Humanitarian Ground If Accused & Victim Marry: Kerala High Court

The Kerala High Court has held that crimes that tarnish women's dignity and honour, such as rape, POCSO Act offences cannot be quashed on compromise or settlement. However, if the accused and victim have married and are living together peacefully, this may be a humanitarian ground to allow the quashing of the case.The 1st accused, in this case, was alleged to have sexually assaulted a...

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC.Justice K. Babu laid down thus:“In exercising his jurisdiction under Sections 227 and 239 of...

MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen

The Kerala High Court has quashed a complaint filed under the Muslim Women (Protection of Rights on Divorce) Act (MWPRD Act) by a woman with Malaysian citizenship. Section 2(c) of MWPRD Act defines Magistrate as Magistrate of First Class exercising jurisdiction under Code of Criminal Procedure in the area where the divorced woman resides. The complainant had argued that the complaint...

[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC

The Kerala High Court has held that there is no scope to put criminal liability on a police officer for asking the victim and her mother to come the next day to give their statement regarding an offence under the Protection of Children Under Sexual Offences Act (POCSO Act) due to there not being any woman officer at the police station.The court said that while a police officer is...

Denying Ordinary Leave To Convicts Has Detrimental Effect, Reduces Chances Of Rehabilitation And Re-Socialization: Kerala High Court

The Kerala High Court has held that denial of ordinary leave to convicts can be detrimental since it reduces their chances for better rehabilitation and re-socialization into society. The Court further stated that ordinary leave cannot be denied to convicts by relying upon vague police reports.The petitioner, a convict undergoing life imprisonment for murdering his father has approached the...

For Person To Be Considered Victim, There Must Be Some Harm To Mind Or Reputation Which Can Be Perceived From Materials On Record: Kerala HC

The Kerala High Court held that for a person to be considered a victim, there should be some harm to the mind or reputation which is perceivable from the materials on record. The Court made this observation while dismissing an appeal filed against the decision of Sessions Court whereby persons accused of conspiring to kill the appellant were acquitted. The appellant claimed that since he is...

Person Can't Be "Tied Down" To Religion Of Birth: Kerala High Court Permits Change Of Religion In School Certificates

The Kerala High Court has allowed the plea moved by two youngsters seeking to change their religion in their school certificates since they have embraced a new religion. It stated that even if there is a lack of a specific provision enabling change of religion in school certificates, the petitioners are entitled to correct their religion in their records on embracing a new religion.Justice...

"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application

The Kerala High Court stated that the Kerala Public Service Commission (KPSC) has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. However, the Court deemed that it was improper for the KPSC to destroy records while an application under the Right to Information Act...

Kerala High Court Reserves Order In KIIFB And Dr Thomas Isaac's Plea Challenging ED Summons In Masala Bonds Case

The Kerala High Court has reserved orders in the writ petitions filed by Kerala Infrastructure Investment Fund Board (KIIFB) and Dr Thomas Isaac challenging the summons issued against them by the Enforcement Directorate in connection with the 'masala bonds' case.Justice T R Ravi on hearing the arguments of KIIFB, Dr Isaac and ED reserved it for orders. Senior Advocate Jaideep Gupta, appearing...

BREAKING | Kerala High Court Stays Publication Of Justice Hema Commission Report On Issues Faced By Women In Film Industry

The Kerala High Court has passed an interim order of stay for one week on an order of the State Information Commissioner directing to make Justice Hema Commission Report public. Tomorrow was the last date given by the Commission to publish the report. The Commission had said that it was in the larger public interest that the report be made public.The Justice K. Hema Committee was established...

Kerala High Court Dismisses Indian Medical Association's Petition Challenging GST Levy On Supply Of Goods And Services To Its Members

The Kerala High Court has dismissed the writ petition filed by the Indian Medical Association challenging the levy of GST on supply of goods and services to its members.The bench of Justice Dinesh Kumar Singh has observed that the Parliament/State Legislature has amended Section 7(a) by inserting Section 7(aa) by the Finance Act, 2021. The amendment is neither beyond legislative competence...

'Astonishing': Kerala High Court Orders Removal Of Large Scale Encroachments In And Around Ashtamudi Lake In Kollam

The Kerala High Court has directed the Kollam Sub Collector to initiate action to remove illegal encroachers from in and around Ashtamudi Lake within a period of six months.The Division Bench comprising Acting Chief Justice Mr. A.Muhamed Mustaque and Justice S Manu directed the District Police Chief to assist the Sub Collector by deploying necessary police personnel for removing the...