Supreme Court grants bail to rape-accused who claimed family of interfaith, live-in partner foisted fake case
The Court noted that the couple had entered into a live-in relationship agreement, and had also filed a joint petition for police protection as an interfaith couple The Supreme Court on Wednesday granted bail to a man accused of kidnapping and raping his live-in partner after he counter-alleged that the case against him was a fake one filed at the behest of his partner’s family. [Imamudin vs State of Rajasthan] A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the man and woman had entered into a live-in relationship agreement, and had also filed a joint petition for police protection as an interfaith couple. The Court also noted that the petitioner had been behind bars for nine months, before allowing the bail plea. “Three factors weigh with us. The live-in relationship agreement of 25.8.2022, the parties filing a joint petition for police protection specially as an interfaith couple and the petitioner has…
Lack of witnesses to sexual assault not ground to let accused off the hook in POCSO cases: Meghalaya High Court
A bench led by Chief Justice Sanjib Banerjee highlighted that for survivor-children, it is difficult to imagine that their accounts of the crime are conjured and repeated. The Meghalaya High Court recently held that lack of witnesses in sexual assault cases under the Protection of Children from Sexual Offence Act (POCSO Act) will not be a ground to let the accused off the hook in such cases [Arjun Das Vs. State of Meghalaya & ors].. A Bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh stressed that the nature of these offences mean they many time happen not in public view but secretly after the accused lure the survivors to secluded spots. When the survivor is a child, it is improbable that a story would be conjured up regarding such an incident, the Court said. “The law that has developed requires the allegation of the survivor to be taken seriously and, if found to…
PoSH Act applicable even if complainant and harasser work in different departments: Delhi High Court
The Court said that if the PoSH Act is limited only to the people working in the same departments, it would strike at the very root of the statute, its ethos and philosophy. The Delhi High Court recently held that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) is applicable even in cases where the complainant and the harasser work in different departments [Dr Sohail Malik v. Union of India & Anr]. A Division Bench of Justices C Hari Shankar and Manoj Jain said there is nothing in the PoSH Act that limits its scope only to cases where a woman employee is sexually harassed by another employee working in her own office, and bars its application where the delinquent employee is employed elsewhere. The Court further said that if the provisions of the PoSH Act are limited only to the people working in the same departments, it would strike at…
Supreme Court declines to entertain PIL for creation of National Commission for Men to look into suicides among married men
The Court observed that the petition portrayed a one-sided picture, that criminal law takes care of such situations and that people were not remediless. The Supreme Court on Monday refused to entertain a Public Interest Litigation (PIL) seeking the creation of a National Commission for Men to look into suicides among married men [Mahesh Tiwari v. Union of India]. A Bench of Justices Surya Kant and Dipankar Datta opined that the petition portrayed a one-sided picture. “No question of misplaced sympathy for anyone. You just want to portray a one-sided picture. Can you give us data of young girls dying soon after marriage?” the Bench queried. The Court added that criminal law takes care of such situations and people were not remediless. “Nobody wants to commit suicide, it depends on facts of individual case. Criminal law takes care, not remediless.” The petition had sought the framing of guidelines for married men mulling suicide after…
Section 498A IPC being rampantly misused to harass family members: Gujarat High Court quashes case against 86-year-old woman
Justice Sandeep N Bhatt noted that courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta. The Gujarat High Court recently quashed a First Information Report (FIR) lodged against an 86-year-old woman for cruelty under Section 498A of the Indian Penal Code (IPC), while noting the rampant misuse of the provision to harass family members. [Jyantilal Vadilal Shah & Anr v. State] Justice Sandeep N Bhatt noted that the FIR will cause great hardship to the octagenarian and no fruitful purpose would be served if further proceedings are allowed to continue. Courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with ulterior motive to pressurize accused or to settle scores, the single-judge observed while quashing the FIR. “At this stage, a mention is required to be made that the current scenario in the society…
Derailed marriage, strained relations between husband and wife not grounds to terminate pregnancy: Chhattisgarh High Court
While denying permission to a 29-year-old lady to abort her pregnancy, the Court also observed that abortion is considered as a crime in India. The Chhattisgarh High Court recently held that a derailed marriage or a strained relationship between a husband and wife are not grounds to allow the abortion of a pregnancy under the Medical Termination of Pregnancy Act. [XYZ v. State of Chhattisgarh] Justice P Sam Koshy, while denying permission to a 29-year-old lady to abort her pregnancy, also observed that abortion is considered as a crime in India. “The relationship of the petitioner getting strained with the husband or if the marriage life for some reason gets derailed, are not grounds which are permissible under Section 3 of the Act 1971,” the Court’s order stated. The Court noted that the petitioner-woman had not conceived the foetus because of any sex crime committed upon her, or without her consent and knowledge. It…
Allahabad High Court recalls non-bailable warrant that sent rape accused who had completed 7-year sentence back to prison
The High Court had issued a warrant 14 years after the person had completed his time in prison, because the facts were not clearly placed on record. The Lucknow Bench of the Allahabad High Court recently recalled its order issuing a non-bailable warrant (NBW) against a rape accused who had completed his seven-year sentence. [Raj Narain Ram v. State of Uttar Pradesh] Justice Rajan Roy directed the release of the appellant forthwith and listed the appeal against his conviction for August, afer noting that the High Court was earlier not informed that the accused had been released from prison. “This happened on account of absence of requisite information about the sentence already having been undergone by the appellant. It is said that consequent to the aforesaid order the appellant is incarcerating in District Jail, Lakhimpur Kheri. In view of the aforesaid circumstances, this Court exercises its power to recall the order dated 15.11.2022.…
Calcutta High Court deprecates civil courts’ trend of passing “short-cut” status quo orders without ascertaining property status
Such orders are creating problematic situations where litigants are filing one petition after another without knowing where to seek justice, the Court pointed out. The Calcutta High Court on Tuesday criticised the trend of civil courts to take a “short-cut method” of granting status quo orders in property disputes without first determining the status of the property in dispute or which party is in possession. [M/s Messerger Courier & Cargo Pvt Ltd v. UMA Forzing Works (P) Ltd & ors] Justice Ajoy Kumar Mukherjee observed that this practice has already been deprecated in various Supreme Court and High Court judgments. In a property dispute, if a court is thinking of ordering status quo (orders to preserve the existing status of a property), it must record a finding as to who is in possession of the property in the first place, Justice Mukherjee explained. Vague orders of status quo, which do not indicate any such details cannot…
Judicial officers need to show more sensitivity in POCSO cases: Chief Justice TS Sivagnanam of Calcutta High Court
The Chief Justice was speaking at the inauguration ceremony of an additional sessions court in South 24 Parganas. Calcutta High Court Chief Justice TS Sivagnanam on Wednesday called for judicial officers to show more sensitivity towards human trafficking cases, as well as cases falling under the stringent Protection Of Children from Sexual Offences Act (POCSO Act). The Chief Justice highlighted that most of the appeals filed in the higher courts in POCSO cases often attack the procedural lapses on the part of the trial court. Therefore, judicial officers must ensure that all the procedures are duly followed, he said. “Time and again, the Supreme Court has emphasised that top priority must be given to dispose of POCSO cases. The top court has, through its judgments, laid down how judges dealing with such cases must be imparted with proper training and how sensitivity has to be there,” the Chief Justice opined. He also pointed…
Custodial parent can’t use child as tool; child is entitled to love of both parents: Delhi Court
While observing that the child was influenced by the mother to not meet his father, the court granted two days’ custody of the child to the father. A child cannot be used as a tool by the custodial parent, a Delhi Court recently observed in a custody battle between an estranged couple. After interacting with the child, Family Court Judge Anil Kumar prima facie observed that the child was influenced by the mother. “I have interacted with the child. It is stated by the child that he doesn’t want to meet his father because he didn’t answer his calls earlier. Apart from this, there is no other complaint or allegations against the father,” stated the order. According to the father, the family court had granted him visitation rights to his child in the court premises. However, it was alleged that the mother was not complying with the court’s directions. He claimed that the wife…