POCSO Act | Putting Hand On Victim's Shoulder, Pulling Her Clothes Signifies Sexual Instinct Of Accused: Madhya Pradesh High Court

The Madhya Pradesh High Court has observed that the act of the accused of pulling the clothes of the prosecutrix and putting his hand on her shoulder signifies his sexual instinct.The bench of Justice Prem Narayan Singh observed this while upholding the conviction of the appellant-accused (Nageshwar) under Section 354 of IPC and Section 7/8 of the POCSO Act.The Prosecution case was that when...

'Don't Compel Students To Wear Hijab; Allow Them To Put Tilak/Kalawa, No Islamic Education': MP HC's Bail Condition For Damoh School's Principal

The Madhya Pradesh High Court last week granted conditional bail to a female principal and two other accused arrested in connection with the Damoh's Ganga Jamna School Hijab Row. The Court has directed the accused to not force non-Hindu girls to wear hijab. The bench of Justice Dinesh Kumar Paliwal has also directed them to not stop students of other religions from wearing the essentials of...

Nowadays 'Package Of 5 Cases' Launched Against Husband And His Family: Madhya Pradesh High Court Voices Concern Over Misuse Of S.498A IPC

The Madhya Pradesh High Court while taking a noteworthy stance on the misuse of Section 498-A of the Indian Penal Code (IPC) observed that this section is increasingly being misused to settle matrimonial disputes, often resulting in the registration of a "package of five cases" against the husband and his family members.Justice Vivek Rusia observed, “Nowadays the very purpose of the...

Madhya Pradesh High Court Imposes Cost On Counsel For Negligence In Handling Writ Petition

The Madhya Pradesh High Court has taken a stern stance against careless handling of legal matters, as it directed a counsel to bear the cost of Rs. 10,000/- from his personal funds for negligence in handling a writ petition filed by him.This decision comes in the wake of the court's dissatisfaction with the handling of a Writ Petition, filed back in 2003 by then Assistant Commissioner of...

Woman Not Entitled To Maintenance U/S 125 CrPC From 'Second' Husband If She Hasn't Divorced First Husband: MP High Court

Observing that maintenance under section 125 CrPC can only be granted in favour of a legally wedded wife, the Madhya Pradesh High Court has said that a woman, who has not divorced her first husband, is not entitled to get maintenance from her second husband."A woman, having solemnized second marriage to another person is only entitled to get maintenance from that person, when the first...

'Can't Remain A Silent Spectator To Her Agony': MP High Court Allows Termination Of Minor Rape Survivor's 18-Week Pregnancy

The Madhya Pradesh High Court on Monday allowed a 16½-year-old rape victim to undergo medical termination of over 18 weeks of pregnancy after the medical board gave its recommendation for the abortion.The bench of Justice Milind Ramesh Phadke took into account the "future" of the girl "who is carrying a foetus of a rapist" and the trauma she will have to face throughout her life while...

MP High Court Refuses To Quash FIR Against 2 Men Accused Of Hurting Sentiments By Demolishing Shiva Temple Using JCB

The Madhya Pradesh High Court recently refused to quash an FIR filed against 2 men under section 295A IPC over allegations of demolishing a Shiva Temple through a JCB thereby hurting the religious sentiments of the devotees."In a case where named FIR has been lodged and a number of devotees have given their statements that the act of petitioners had hurt their religious feelings is a question...

Madhya Pradesh High Court Stays Appointments With 27% Reservation for OBCs Beyond 50% Cap

The Madhya Pradesh High Court, in a recent development, issued a stay on further appointments involving a 27% reservation for Other Backward Classes (OBCs) that surpasses the 50% reservation cap.The decision came after a Public Interest Litigation (PIL) was filed by the organization Youth For Equality, which highlighted a significant concern related to the violation of the Constitution and...

Writ Petitioner Concealing CESTAT’s Order Of Confiscation: Madhya Pradesh High Court Imposes Rs. 25K Cost

The Madhya Pradesh High Court has imposed a cost of Rs. 25000 on the writ petitioner seeking provisional release of goods for suppressing the fact of CESTAT’s final order of confiscation, which was well within his knowledge.The bench of Justice Vivek Rusia and Justice Pranay Verma has observed that the Tribunal has set aside the order rejecting the application for provisional release of...

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl.The division bench of Chief Ravi Malimath and Justice Vishal MIshra said, “Although in the instant case, the prosecution...

Accused Volunteers To Plant Saplings, MP High Court Says Person Willing To Serve Social Cause Can't Be Given Bail Without Considering Merits

While hearing an application for bail, the Madhya Pradesh High Court has clarified that a person cannot be given bail on the sole ground that he intends to serve social cause after his release. The Single Judge Bench of Justice Anand Pathak stressed that applications should be heard in merit before bail is granted and thus observed, “It is made clear that this bail is granted once the case...

Growing Tendency Among People To Convert Civil Disputes Into Criminal Cases, SPs Should Intervene To Protect Innocent Persons: Madhya Pradesh High Court

Observing that there is a growing tendency among people to convert civil disputes into a criminal case, the Madhya Pradesh High Court has said that the Superintendent of Police in such cases should intervene with the help of District Prosecution Officer and must come out with some course correction so that innocent may not be targeted.The court requested D.G.P. & Director (Prosecution)...