Kerala HC grants bail to Boby Chemmanur in sexual harassment case, citing bail is rule & jail is exception; warns against body shaming
“Everybody should be vigilant while making comments about others, whether they are men or women.”
BNS
Tamil Nadu Government invites suggestions for making State Amendments to the New Criminal Laws
The One-Man Committee constituted to study the new criminal laws and make recommendations is chaired by Retired Justice M. Sathyanarayanan.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC
“The process of law would take its own course through the trial”
‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR
In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.
‘Child witness evidence appears to be result of tutoring’; Telangana HC acquits man convicted of raping 9-year-old girl
“The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case”.
‘Spoke what was written in Manusmriti & in general parlance’; Madras HC quashes hate speech complaint against VCK president & MP Thol. Thirumavalavan for comments on Hindu women
“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”
Bombay HC refuses to continue monitoring the murder investigation of CPI leader Govind Pansare; directs Trial Court to expedite hearing
“According to us, only for the purpose of arrest of absconding accused, continuous monitoring of the further investigation by this Court under Article 226 of the Constitution of India is not necessary.”
Gujarat High Court suspends life imprisonment sentence of persons convicted of murder
“Considering the backlog of appeals pending before this Court, the chance of the appeal being heard in near future is extremely remote.”
Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help
The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.
‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC
“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”
‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused
The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.
“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court
“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores
The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
‘New criminal laws focus on justice and protection of citizens rather than just punishments’, says CM Yogi Adityanath at UPSIFS conference
This report provides the insights into the two days international Conference on “Role of Forensics and Cyber Security for Enabling Justice under the New Criminal Laws” organized by the Uttar Pradesh State Institute of Forensic Science.
Bombay HC rejects anticipatory bail application of a man who assaulted a senior citizen for allegedly carrying ox/buffalo meat
Applicant along with other people, threatened the informant, a senior citizen aged about 71 years, to throw him off the train and kill him and even hit the informant on face, eyes, and stomach.
Fundamental right to privacy includes spousal privacy; Evidence obtained through violation is inadmissible: Madras High Court
“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other.”
Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC
Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.
‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment
The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.