HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on OCI; Ashneer Grover’s wife; Termination of Pregnancy; Maharashtra Elections; and more
A quick legal roundup to cover important stories from all High Courts this week.
Rape
Gujarat High Court allows termination of pregnancy of minor rape victim; Issues directions for medical board
The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.
Read why Allahabad HC commuted death sentences in Bulandshahr Gang-Rape case to life imprisonment of 25 years without remission
The Trial Court has not recorded any finding as to how the present case is ‘rarest of the rare case’ even though the accused has committed the gravest offence.
Kerala High Court refuses to quash case against priest accused of rape on pretext of marriage
Kerala High Court said that there was no undue delay in filing the FIR, as the relationship was predicated on the promise of marriage
Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage
No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.
SC reduces life sentence to 10 years imprisonment of man convicted for raping step-daughter, considering age and eight years of sentence undergone
‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.
Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
POCSO Court sentences, a 71-yr-old man, to life imprisonment with fine of ₹ 50,000/- for rape of 5-yr-old granddaughter
The complaint was lodged by the victim’s mother, leading to the registration of a case under IPC and POCSO Act.
Read why Gujarat HC dismissed Asaram Bapu’s plea for suspension of life sentence in rape case
Asaram Bapu was sentenced to life imprisonment for offences punishable under Sections 376 and 377 of the IPC for raping a sevika at Surat Ashram, in the name of her promotion as an orator for religious discourses.
Necessary to give message to society that Courts are vigilant to regulate forcible religious conversion of underprivileged women & children: Karnataka HC
The Court further pointed out that while considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc.
[Kolkata Rape and Murder case] Supreme Court directs Ministry of Health to open portal for stakeholders to submit suggestions before Task Force committee
In the earlier order, the Supreme Court directed CBI to file a status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024. The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.
[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace
Supreme Court said that as more and more women join the work force, the nation cannot wait for another rape for things to change on the ground.
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs
Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.
‘For 31 years, complainant willingly, knowingly participated in sexual relationship’; Bombay HC quashes FIR registered u/S 376 IPC against 73-year-old man
The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.
Delhi High Court grants bail to 68-year-old rape accused
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.
Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children
“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”
‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape
The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.
‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend
In the guise of loving the minor girl, the boy had poured some intoxicating substance in the tea which made the girl unconscious and had aggravated sexual intercourse with her.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.