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The Court opined that it is faced with a situation where it has to balance the interest of the State and the Country on the one hand, and the longing of an accused to see his parents, who are unable to travel to Delhi.
“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”
Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.
“The essence of gender-neutrality must permeate through every line of a judgment, and a judge must cultivate thoughts that are inherently gender-neutral.”
“If a person committing suicide is hypersensitive and the allegations attributed to the accused are otherwise not ordinarily expected to induce a similarly situated person to take the extreme step to commit suicide, it will be unsafe to hold the accused guilty of abetment of suicide.”
The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.
“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”
“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”
“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”
“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”
“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”
Delhi High Court noted that the trial in the instant case is at a very initial stage and charges have not been framed yet by the Trial Court, and there are 34 prosecution witnesses to be examined who are prone to influence and pressure.
“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”
Evidence Act, 1872 — Ss. 135 to 139, 154, 155 & 120 r/w Or. 14 R. 21, Or. 16 Rr. 14 &
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
Penal Code, 1860 — S. 302 or 304 Pt. II r/w S. 300 Exceptions 1 & 4 — Murder or culpable homicide:
“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”
“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”