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Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
A quick legal roundup to cover important stories from all High Courts this week.
Read about the significant criminal law matters heard and decided by the Supreme Court and High Courts in October 2024
Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.
Allahabad High Court permitted the Moid Ahmad to apply for bail afresh after the expiry of four weeks and after the recording of the testimony of the informant and the victim.
Justice Ritu Bahri who retires on 10-10-2024, made history as upon her elevation on 04-02-2024, she became the first woman Chief Justice of Uttaranchal High Court.
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.
In September 2024, the Supreme Court and various High Courts engaged in significant discussions on criminal law, focusing on critical issues such as Kolkata Rape and Murder Case; Delhi excise liquor policy scam; Cash-for-job scam. Key rulings emphasized the balance between individual rights and public interest. Overall, these discussions reflect a dynamic legal landscape committed to upholding justice amid evolving challenges.
Supreme Court directed the accused to extend complete cooperation in the trial, and to not misuse his liberty in any manner or to influence the witnesses in any way. In addition, the accused was directed to not make any attempts to re-associate with the victim girl in any manner either through a device or in-person.
The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
In view of the serious nature of the allegations raised against the institution, Madras High Court opined that some more deliberations are required to understand the truth behind the allegations.
‘If it appears that victim was not a minor at the time of lodging false complaint and recording of her statement, appropriate action should be taken against her without hesitation.’
The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.
Take a quick glance at what the High Courts were discussing in this late Monsoon season
It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.
The Court strictly observed that the offence against the petitioner is a shade more than horrendous. “More than horrendous, I say, for the reason that the petitioner is a teacher (…) If this cannot become a crime, it is not understandable as to what else can be”.
The High Court advised the female adolescent, to control sexual urge/urges as in the eyes of society she is the looser when she gives in to enjoying the sexual pleasure of hardly two minutes.
Justice S. Vaidyanathan was appointed by the President as new Chief Justice of the High Court of Meghalaya on 02-02-2024 and took charge of his new office on 11-02-2024.
“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”
The Court emphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.