Allahabad High Court Weekly Round Up: April 11 To April 17, 2022

NOMINAL INDEX Chndra Prakash Sharma v. State Of U.P And Another Govind v. State of U.P Kumari Neha Chandra Vs. State Of U.P. And 3 Others Mohd. Saleem Khan v. State of U.P Charan Singh v. State of U.P. Rajpal Singh v. State of U.P. along with two connected appeals Shailesh Kumar Mishra v. State Of U P And Another Razia v. State of U.P. Prem And Others v. State of U.P. Air Force Naval Housing Board Air Force Station v. U.P. Real Estate Regulatory Authority Gaya Prasad v. State of U.P. and others Judgments/Orders of the Week Depth Of Penetration Is Immaterial In Offence Of Rape: Allahabad High Court Denies Bail To POCSO Accused Case title - Chndra Prakash Sharma v. State Of U.P And Another Case Citation: 2022 LiveLaw (All) 172 Stressing that the depth of penetration is immaterial in an offence of rape, the High Court denied bail to a man who committed rape on an 8-year-old girl. The Bench of Justice Sanjay Kumar Singh further observed that little girls are worshipped in our country, but the cases of pedophilia are increasing. The Court also said that a victim/female small child who experiences sexual abuse once in her life, tend to be more vulnerable to abuse in adult life, and in such cases, the healing is slow and systematic. Can't Presume That 8 Yr Old Victim Made Allegations Of Oral Sex Under Parents' Influence: Allahabad HC Denies Bail To POCSO Accused Case title - Govind v. State of U.P Case Citation: 2022 LiveLaw (All) 173 The High Court denied bail to a man who has been accused of committing oral sex with a 8 year old girl as it noted that mere long detention in jail does not entitle an accused for bail. The Bench of Justice Rajesh Singh Chauhan further noted that the victim/prosecutrix was about 8 years at the time of incident, and therefore, the Court said, at the stage of bail, it cannot be presumed that she gave the statement about oral sex under the influence of her parents. "Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court Case title - Kumari Neha Chandra Vs. State Of U.P. And 3 Others Case citation: 2022 LiveLaw (All) 174 The Uttar Pradesh Government last week opposed the recognition of same-sex marriage on the ground that such marriages are against Indian culture and Indic religions and shall be invalid according to Indian laws, which have been designed keeping in mind the concept/existence of a man and a woman. The submission was made before the Bench of Justice Shekhar Kumar Yadav which was hearing a Habeas Corpus plea filed by a mother seeking custody of her daughter (23 year old) alleging that she had been illegally detained by another woman, 22-year-old Sanjana (opposite party no. 4). "Matter Pertains To National Security": Allahabad HC Denies Bail To Nepali Citizen Accused Of Being In Touch With Pakistani Nationals Case title - Mohd. Saleem Khan v. State of U.P Case Citation: 2022 LiveLaw (All) 175 The Allahabad High Court on Monday denied bail to a Nepali Citizen who has been accused of being in regular touch with 11 numbers pertaining to Pakistani nationals. The Bench of Justice Krishan Pahal denied him bail on the ground that the matter pertains to national security and the applicant is not an Indian national and therefore, he doesn't deserve to be released on bail. Bail Applicant-Mohd. Saleem Khan was arrested by UP Police on February 28, 2021, and from his possession, three fake aadhaar cards (having different dates of birth), a Passport of Nepal, and other documents were recovered. He was later on booked under Sections 419, 420, 467, 468, 469, 471 IPC No Cogent Explanation Given For Chain Of Incriminating Circumstances: Allahabad HC Upholds Life Sentence Of Man Who Killed Wife Case title - Charan Singh v. State of U.P. [CRIMINAL APPEAL No. - 1171 of 2006] Case citation: 2022 LiveLaw (All) 176 Observing that no cogent explanation was given to explain the chain of incriminating circumstances by the appellant-convict, the Allahabad High Court recently upheld the life sentence awarded to a man who killed his wife in the year 2004. The Bench of Justice Manoj Misra and Justice Sameer Jain specifically observed that nothing had come on record from the side of the convict-appellant that he resided elsewhere or worked for a gain elsewhere and was not present at the scene of the crime on the night of the incident. "Conviction Based On Untrustworthy Last Seen Evidence": Allahabad High Court Acquits 3 Accused In A 30 Year Old Murder Case Case title - Rajpal Singh v. State of U.P. along with two connected appeals Case Citation: 2022 LiveLaw (All) 177 The High Court 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 ...

Allahabad High Court Weekly Round Up: April 11 To April 17, 2022

Sparsh Upadhyay

Tags