Punjab & Haryana High Court Weekly Round Up- March 18- March 24, 2024

NOMINAL INDEXXXX v. State of U.T. Chandigarh and Others 2024 LiveLaw (PH) 85Mukul Garg v. CBI & Ors. 2024 LiveLaw (PH) 86Jagdish @ Kali Nath v. State of Haryana & Ors. 2024 LiveLaw (PH) 87Surjit Singh v. State of Punjab 2024 LiveLaw (PH) 88Roma Rani v. State of Punjab and others 2024 LiveLaw (PH) 89ED v. Narinder Khillan 2024 LiveLaw (PH) 90Sant Gurmeet Ram Rahim v. State of Punjab & Ors. 2024 LiveLaw (PH) 91REPORTSApplication Of Statutes Must Be Based In Reality: Punjab & Haryana HC Quashes POCSO Case Against Youth For Consensually Impregnating Minor WifeCitation: 2024 LiveLaw (PH) 85Title: XXX v. State of U.T. Chandigarh and OthersThe Punjab & Haryana High Court has quashed a rape case against a husband who was accused of committing sexual intercourse consensually with his minor wife, observing that application of statutes like the Protection of Children from Sexual Offences Act, 2012 (POCSO) cannot be divorced from the reality of the situation.A young couple visited a government hospital, where doctors found that the minor wife was pregnant and reported it to the police in view of Section 19 of the POCSO Act. It was stated that the couple was married with the blessings of their families and there were not any accusations against the husband. However, an FIR was registered and the man was arrested.Custodial Death: Punjab & Haryana High Courts Directs CBI Probe Into Death Of Young Girl In Police Custody, Says SIT Ignored Vital QuestionsCitation: 2024 LiveLaw (PH) 86Title: Mukul Garg v. CBI & Ors.The Punjab and Haryana High Court has directed CBI to probe into the custodial death of a girl who allegedly died due to torture in Punjab Police custody in 2017. The plea was filed by the deceased's fiancee who alleged that he along with deceased Ramandeep Kaur was taken in the Police Custody to investigate a case pertaining to fraud. Kaur allegedly died during interrogational torture. Thereafter, he moved High Court in 2017 and the Court directed the DGP Punjab to constitute SIT to probe the matter.'Oppressive & Harsh', Punjab & Haryana High Court Modifies Parole Condition To Furnish Surety Bond Of Rs. 2 LakhsCitation: 2024 LiveLaw (PH) 87Title: Jagdish @ Kalu Nath v. State Of Haryana & Ors.Observing that it is "oppressive and harsh", the Punjab and Haryana High Court modified the parole condition to furnish personal bond of Rs. 2 lakhs along with two sureties.While modifying the condition to personal and surety bond of Rs. 1 lakh, a division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "the conditions are extremely harsh and oppressive, thereupon when they ultimately frustrate the purpose of the relief granted to the present petitioner, thereupon the very purpose of the said facility of parole, as, assigned to the prisoners, would but be completely snatched, and/or, therebys the temporary release of the prisoners from the prisons concerned, which is a holistic purpose behind the engraftment of the provisions embodied in the Act (The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022).."Not Safe To Rely On DNA Report In Absence Of Evidence Regarding How Samples Were Collected: P&H High Court Acquits POCSO Rape ConvictCitation: 2024 LiveLaw (PH) 88Title: Surjit Singh v. State of Punjab The Punjab & Haryana High Court acquitted a man convicted of raping a minor girl, observing that there was "an important break in the chain of link evidence to prove that the vaginal swabs" were taken for medical examination of the alleged victim.While setting aside the conviction under the Protection of Children from Sexual Offences (POCSO) Act, Justice Manisha Batra said, " It was for the prosecution to rule out the possibility of the samples being contaminated or tampered with. In the absence of evidence how the samples were collected as well as the fact that they were properly preserved or not, it will not at all be safe to rely upon the DNA report."'Effort Made To Scandalise Reputation Of Court': P&H HC Directs Criminal Contempt Against Petitioner Who Made Contemptous Allegations Against Sitting HC JudgesCitation: 2024 LiveLaw (PH) 89Title: Roma Rani v. State of Punjab and othersThe Punjab & Haryana High Court has directed a criminal contempt case against a petitioner who alleged in a Public Interest Litigation (PIL) that the Police are running an extortion business under the "proper patronage" of the sitting High Court judge.Observing that there is no merit in the PIL, a bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "We, however, direct the office to register a criminal contempt against the petitioner and place it before the Bench handling the said matters so that notice can be issued and the petitioner can be prosecuted for the scandalous averments made in the petition."'ED Oblivious To Ground Realities': Punjab & Haryana HC Rejects Agency's Plea Against 4 Days Release Of Accused For Preparing His DefenceCitation: 2024 LiveLaw (PH) 90Title: ED v. Narinder...

Punjab & Haryana High Court Weekly Round Up- March 18- March 24, 2024

Aiman J. Chishti

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