Meghalaya High Court
S. 311 CrPC | Recall/Re-Examination Of Witness Not Permissible In Absence Of Tangible Reasons: Meghalaya High Court
Observing that a recall/re-examination of witness(es) is not permissible in the absence of tangible reason, the Meghalaya High Court on Monday (July 22) set aside the trial court's order which had permitted the prosecution to re-examine the complaint without specifying the requirement of recalling. The bench comprising Justice B. Bhattacharjee observed that the witness could not be...
Meghalaya High Court Upholds Conviction Of Boy Who Sexually Assaulted Minor Girlfriend After Making Her Unconscious
Recently, the Meghalaya High Court affirmed the conviction of a boy who committed aggravated penetrative sexual assault on his girlfriend by way of intoxicating her temporarily to fulfil his sexual desire/lust. The accused and the minor victim girl were in a romantic relationship, however after the refusal of the minor to build a sexual relationship with him, the accused committed...
POCSO Act | Examining Other Witnesses Not Necessary If Victim's Sole Testimony Reliable To Convict Accused: Meghalaya High Court
Based on the sole testimony of the victim, the Meghalaya High Court recently upheld the conviction of an accused for committing the offence of aggravated penetrative sexual assault under the POCSO Act.The Court said that the accused can be convicted based on the sole testimony of the victim if the victim's testimony is found to be credit-worthy, unblemished, and inspires the confidence of...
[POCSO Act] Touching Victim's Private Parts With Penis Amounts To Offence Of Aggravated Penetrative Sexual Assault: Meghalaya High Court
Recently, the Meghalaya High Court observed that touching the private parts of the victim with a penis would amount to committing an offence of aggravated penetrative sexual assault punishable under Section 6 of the POCSO Act, 2012. The Court said that the accused act of touching private parts of the victim with his penis without penetration into the vagina would not amount to committing...
Income Tax Act | Hypothetical Income Appearing In Books Of Account Is Not Taxable: Meghalaya High Court
The Meghalaya High Court has held that the entries of the hypothetical income that occurred in the books of the company would not be considered as a 'real income' to levy 'income tax'. The Court also said that once an order passed under Section 263 of the Income Tax Act by the Appellate Authority becomes final, then the Assessing Officer cannot order a re-assessment of income. “Once the...
Once Revision Order Become Final, No Question Of Passing Another Order Will Arise: Meghalaya High Court
The Meghalaya High Court has held that once the revision order becomes final, no question of passing another order will arise.The bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh has observed that the Assessing Officer had passed an order under Section 263 of the Income Tax Act, 1961, which was set aside by the Principal Commissioner of Income Tax, Shillong. The order...
Rape Victim's Sole Testimony Of Sterling Quality Sufficient To Convict Accused, Corroboration With Medical Report Not Necessary: Meghalaya HC
Observing that the conviction of the accused can be based on the sole testimony of the prosecutrix if her testimony transpires the court's confidence, the Meghalaya High Court convicted the accused for committing the offence of rape on a minor victim even though the medical report didn't establish the guilt of the accused.Drawing reference from the Supreme Court's case of Ganesan vs. State,...
Meghalaya High Court Directs Customs Commissioner To Refund Rs. 60 Lakhs For Destroying Seized Betel Nuts
The Meghalaya High Court has directed the customs commissioner to refund Rs. 60 lakh for destroying seized betel nuts.The bench of Justice H. S. Thangkhiew has observed that the Tribunal found that the goods were neither imported nor proved to be smuggled. Though the case was assailed before the Division Bench and ultimately before the Supreme Court, it was dismissed.The goods of the...
Reinstating Employee With Potential Mental Health Issues In Disciplined Force Could Be Dangerous: Meghalaya High Court
A division bench of the Meghalaya High Court, comprising S. Vaidyanathan, Chief Justice, and Justice W. Diengdoh, while deciding a Writ Appeal, held that reinstating an employee with potential mental health issues in disciplined force could be risky. Background Facts X (Employee), was enrolled as a Rifleman (Barber) in the Assam Rifles and had a perfect service record...
Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court
The Meghalaya High Court has held that the victim of rape expressing forgiveness towards the accused and wishing not to proceed further in the case is not a ground to quash the First Information Report (FIR) against the accused. Justice B. Bhattacharjee further said it is for the Trial Court to decide whether there was a presence of consent based on such forgiveness.The bench was considering...
[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court
The Meghalaya High Court observed that the accused's application under Section 311 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking to recall a witness is justified on the ground that the previous counsel did not examine the witness on necessary facts and that re-examination by the new counsel is crucial for the outcome of the trial.Justice B. Bhattacharjee was deciding a...
[S.145 CrPC] Attachment Order Cannot Be Passed If There Was No Evidence Of Likelihood Of Breach Of Peace: Meghalaya High Court
The Meghalaya High Court has observed that a Magistrate cannot base an attachment order under Section 146 CrPC solely on the inability to determine the possession of the disputed land, if there was no evidence of a likelihood of breach of peace as provided under Section 145 CrPC.The respondent had filed a FIR against the petitioner claiming that petitioner was attempting to forcibly occupy...