News Updates
S.43D UAPA: Karnataka High Court Denies Default Bail To Man Allegedly Having Links With ISIS, Upholds Extension Of Judicial Custody To 180 Days
The Karnataka High Court recently rejected a petition seeking default bail filed by an accused alleged to be having links with banned terrorist organizations. The applicant allegedly entered into criminal conspiracy to radicalize and motivate gullible Muslim youths to join Islamic State in Iraq and Syria ('ISIS').A single judge bench of Justice M Nagaprasanna while rejecting the plea...
No Marks Of Violence On Any Part Of Victim's Body, Accused Entitled To Benefit Of Doubt: Calcutta High Court Sets Aside Conviction For Rape
The Calcutta High Court has recently set aside the conviction for the offence of rape under Section 376 of the IPC after observing that since no marks of injury had been found on the body or private parts of the victim, the allegation of 'forcible rape' is not sustainable. Justice Bibek Chaudhuri noted that the victim had been examined by the concerned Medical officer after 12 days of...
"Conviction Based On Untrustworthy Last Seen Evidence": Allahabad High Court Acquits 3 Accused In A 30 Year Old Murder Case
The Allahabad High Court on Tuesday set aside the conviction of 3 murder accused in a 30 year old case as it found that the conviction recorded by the Trial court was based on untrustworthy last seen evidence.The Court also opined that the accused had been seriously prejudiced on account of the non-examination of the Investigating Officer during the trial, and this omission had created a...
Legality Of The Policy, Not Its Wisdom Or Soundness Is Subject Of Judicial Review U/A 226: Calcutta High Court
The Calcutta High Court on Wednesday has observed that policy decisions of the State are not to be disturbed unless they are found to be grossly arbitrary or irrational. While examining the scope of judicial review of an administrative action, Justice Shampa Sarkar observed, "The scope of judicial review when examining a policy of the government is to check whether it violates the...
Touching Minor's Hand Sans Intention To Molest Won't Amount To 'Sexual Assault': Tripura HC Acquits Man Of POCSO Charges
The Tripura High Court recently acquitted a man booked and convicted under, inter alia, Section 8 of the POCSO Act [Punishment for sexual assault] for allegedly touching a minor's hand as the Court noted that the prosecution and the victim had said nothing about the intention of the accused to molest.The Bench of Justice Arindam Lodh, which was hearing an appeal filed by the accused against...
Proviso To S.6 Guardians & Wards Act Does Not Render Father's Custody Of Minor Below 5 Yrs "Illegal": Patna High Court
The Patna High Court has held that custody of a child aged below five years with the father cannot be said to be "illegal". Justice Ashwani Kumar Singh remarked,"Proviso to clause (a) of Section 6 of the Guardians and Wards Act of 1956 though carves out an exception but it does not render the custody of a minor child aged below five years with his/her father illegal."Section 6(a) says that...
Meghalaya High Court Seeks Complete List Of Persons Who Have Died In Custody Since 2012
The Meghalaya High Court on Wednesday directed the State's Inspector General of Prisons to file an affidavit containing the complete list of persons who have died in custody since 2012.The Court issued this order while hearing a suo moto case on custodial violence and other matters relating to prison conditions. The bench of Chief Justice Sanjib Banerjee and Justice Hamarsan Singh Thangkhiew...
Citizens Don't Have Vested Right To Carry On Mining Operations, State Has Absolute Dominion To Decide Areas & Manner To Grant Permit: Rajasthan HC
The Rajasthan High Court has observed that the right to carry on mining operations is not a vested right of any citizen. The court added that the State Government has absolute dominion to decide as to the areas and manner in which the mining permits will be granted. A division bench of Justice Sandeep Mehta and Justice Farjand Ali, observed, "At the outset, we may note that the...
President Accepts Resignation Of Justice Ajay Tewari Of Punjab And Haryana High Court
The President has accepted the resignation tendered by Justice Ajay Tewari Of Punjab And Haryana High Court. The notification to the above effect, issued by the Department of Justice, Ministry of Law and Justices says:"Shri Justice Ajay Tewari has tendered his resignation from the office of Judge, Punjab and Haryana High Court, in pursuance of proviso (a) to clause (1) of Article 21 7 of...
Supreme Court Grants Bail To Accused Suffering From HIV
Considering the peculiar circumstances of a case, the Supreme Court recently granted bail to an accused who was suffering from HIV and appeared to be immuno compromised. The bench of Justices SR Bhat and PS Narasimha granted bail in a SLP assailing Rajasthan High Court's order dated March 3, 2022. On March 14, 2022 the bench had directed the State to place on record the report from...
'Immaterial Whether Breasts Of 13 Yr Old Girl Were Developed Or Not': Calcutta HC Upholds Conviction For Sexual Assault U/S 7 Of POCSO Act
The Calcutta High Court has recently held that it is immaterial whether the breasts of a 13 year old girl are developed or not for the commission of the offence of sexual assault under Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) as long as it is proved that the accused had touched the specific part of the body of the girl with sexual intent. During...
Madhya Pradesh High Court Warns Lower Court Judge For Allegedly Denying Bail On Caste Lines
The Madhya Pradesh High Court recently warned an Additional Sessions Judge for allegedly showing bias by denying bail to the Applicant whose case was on a better footing than his co-accused who was granted bail despite recovery of stolen property. Taking strong exception to the conduct of the lower court judge, Justice Vivek Agarwal held- Let warning be issued to the concerned Judge...