CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from January 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
sexual assault
Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee
A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.
From Death Row to Life: Supreme Court commutes sentence of man convicted for Sexual assault and murder of 4-year-old boy
“The crime committed by the convict was diabolic in character. He enticed the innocent child by tempting him with ice-cream and brutally sodomized and murdered the four-year old. The appellant also mercilessly strangulated the deceased. The post-mortem report clearly indicated that death was due to asphyxia by throttling”.
‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case
“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
Where offence shakes public confidence, bail shall not be granted: Kerala HC denies bail to police officer accused of raping minor Dalit girl
“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”
‘Tampering with complaint raises concerns about integrity of investigation’; Calcutta HC cancels bail granted to accused in sexual assault case of IAS Officer’s wife
‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’
HIGH COURT SEPTEMBER 2024 WEEKLY ROUNDUP| Stories on Lawyer’s Custodial Assault; Medical Certificates for Parole; Compassionate Appointment; SSB Medical Exam; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
‘Victim was below the age of 16 years’; Bombay HC sets aside Children’s Court order discharging father of allegedly committing sexual assault on daughter
The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.
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.
‘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.
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Supreme Court issues notice in Karnataka SIT’s petition against anticipatory bail granted to Bhavani Revanna in a Kidnapping case
Bhavani Revanna is the mother of suspended Janata Dal (Secular) leader Prajwal Revanna, who is facing cases for alleged sexual offences committed against several woman
Delhi High Court rules on application of ‘Margin of Error’ and Upper Age Limit in Bone Ossification Tests for Determining Victim’s Age in POCSO Cases
In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.
Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter
‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’
‘Victim did not raise an alarm despite having opportunity to do so’; Jharkhand High Court set aside conviction and sentence of a man convicted u/s 366A, 376 of IPC
The Court opined that radiological age of the victim has been assessed to be eighteen years and from the tenor of her cross-examination, it is apparent that she has wilfully left the house of her father and accompanied appellant to various places.
‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter
“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.”
‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child
“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”
Singapore High Court acquits father on all 13 charges of sexual assault against minor daughter
Notwithstanding the conclusion due to inconsistent prosecution evidence, the Court emphasized that timely disclosure, effective investigation and prompt trial are necessary in sexual abuse cases involving young complainants.