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“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”
A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.
“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”
“It cannot be disputed that the parliamentary elections have been notified and and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.”
“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”
“Prevalent presumption is that a related witness would not testify falsely against an innocent person because they want to see the true culprits punished.”
The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.
While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.
Punjab and Haryana High Court pointed towards the lack of a family level/Social Forum for redressal of grievances of a wife which leads her to launch criminal proceedings under IPC Section 498A.
While convicting the said accused under Section 304 Part 2 of IPC, the Court sentenced him to undergo imprisonment for 10 years.
Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”
Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.
Both the victim and accused have a right to fair trial, and therefore when the victim’s statement does not inspire confidence and creates doubt, the Court must look for corroborative evidence.
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Based on facts, the Supreme Court said that gunshots fired indiscriminately could be said to be a criminal act done by several persons in furtherance of the common intention of all.
The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.
Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.
The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.
Punjab and Haryana High Court perused the affidavit submitted by the Superintendent of Prison, according to which, the petitioner had already undergone custody of more than 2 years and 5 months.
Supreme Court did not deem it safe to base the conviction only on the testimony of child witness which did not inspire confidence and acquitted the appellant.