POCSO Act | Absence Of Semen In Penetrative Sexual Assault Will Not Weaken Victim's Testimony: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that in case of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012, victim's testimony cannot be question merely on the ground that no semen is detected in the DNA report.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when in the event of any penetrative sexual assault becoming committed, upon a minor victim, thus does not require semen being detected on the vaginal swabs of the...

Allowing People To Stay All Night At Pubs Will Hamper Indian Society: Punjab & Haryana High Court On Sale Of Liquor After Midnight

The Punjab and Haryana High Court has questioned Haryana government's excise policy to permit the sale of liquor beyond midnight in Gurugram and Faridabad, observing that policy makers should consider Indian culture and literacy rate to understand repercussion of excessive drinking is "yet a far reaching goal."Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth said, "While the Excise Policy mentions of having noticed social verification and social degeneration at the time of framing the...

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having been furnished with proper legal advice cannot constitute a sufficient ground for the condonation of delay. Such a plea, unsupported by cogent evidence or...

Conducting Illegal Business Of Railway Ticket Booking Is Cognizable But Bailable Offence: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that the offence of carrying illegal business of ticket booking under the Railways Act (Section 143) is bailable and cognizable, even when the Act does not explicitly declare the offense as "Bailable”.The Court thus granted anticipatory bail to the accused and explained,“Although the Railways Act, 1989 does not explicitly declare the offense under section 143 as 'Bailable” and despite the standing order No. 95 not declaring the offenses under Ss. 143...

'Surprising' That Pre-Arrest Bail Denied In 3gm Heroin Case, Punjab & Haryana HC Says Courts Must Not Deny Bail In Minor Offences Despite Criminal History

Expressing surprise that pre-arrest bail was rejected by the Sessions Court to an accused in case involving merely 3 grams of heroin, the Punjab & Haryana High Court said that bail should not be rejected in minor offences on the ground that accused has criminal history.The High Court said, "Although the legal system upholds the principle that crime, not the individual, should be condemned, the contours of a playing field are marshy, and the graver the criminal history, the slushier the...

Punjab & Haryana High Court Suspends Delhi AAP MLA Naresh Yadav's Sentence In Quran Sacrilege Case

The Punjab & Haryana High Court today suspended the sentence of Delhi MLA from Aam Admi Party Naresh Yadav in 2016 Quran desecration case.Yadav along with two others were sentenced by Punjab's Marlerkotla Appellate Court a week ago, to two years rigorous imprisonment for outraging feelings of a particular community under Sections 295-A, 153-A read with Section 120-B IPC.Justice Mahabir Singh Sindhu considered the contention that, both the appeals against acquittal preferred by the de facto...

Punjab & Haryana High Court Quashes Inclusion Of Kalanwali Village In Civic Body Limits Of Sirsa District

The Punjab and Haryana High Court has quashed the Haryana Goverment's notification, including the Kalanwali village area within the Kalanwali Municipal Committee limits in Sirsa district.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Since ex facie no opportunity of personal hearing became granted to the objector(s), despite there being possible prima facie adverse...

Child's Testimony Can't Be Brushed Aside, Punjab & Haryana HC Upholds Teacher's Conviction For Sexually Assaulting Student In School

The Punjab and Haryana High Court has upheld the conviction of a school teacher for sexually assaulting a class 8th student under Protection of Children from Sexual Offences Act, 2012 (POCSO Act), while noting that the "occurrence took place in school premises."Justice Amarjot Bhatti said, "as per facts of the case, it is fully covered under the provisions of Section 9 (f) of POCSO Act as...

'Strange', Punjab & Haryana High Court Flags Conflicting Judgements Passed By Authority For Same Property Between Same Parties In One Day

The Punjab & Haryana High Court has flagged a "strange" case where the Rent Control Appellate Authority passed conflicting judgements with respect to same property between same parties on the same day.It was brought to the Court's notice that the Appellate Authority on the same day has given two conflicting orders - in one, on the same very grounds, ejectment has been ordered and in...

[Kidnapping] Accused Cannot Be Held Guilty If Minor Girl Voluntarily Leaves Her Guardian: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that merely accompanying the minor after her departure or passive association is not sufficient to constitute the offence of kidnapping a minor from their lawful guardian.The Court upheld the acquittal of the accused in the case of kidnapping a minor girl, observing that it was a case of "consensual elopement, rather than kidnapping as...

'Died While Serving Nation': Punjab & Haryana High Court Grants Full Pension To Widow Of Soldier Who Died In 1965 War Despite 54-Yr Delay

The Punjab & Haryana High Court granted benefit of full pension to widow of a soldier who died in 1965 War on the western front due to a mine-blast.The Court set aside the order of the Armed Forces Tribunal (AFT) to the extent whereby, the arrears were restricted to three years prior to the date of filing of the application on account of delay of 54 years.Justice Sureshwar Thakur and...

RTI Act Not Applicable To CBI, Punjab & Haryana HC Rejects Former Income Tax Officer's Plea Seeking Info On Agency's 'Trap' Against Him

The Punjab and Haryana High Court has rejected an Income Tax Officer's plea seeking information under the Right to information Act (RTI Act) relating to Trap Proceeding conducted against him by the Central Bureau of Investigation (CBI).The Income Tax Officer was convicted in a corruption case and his appeal against the conviction is pending before the High Court. The Court noted that...