Patna High Court Weekly Round-Up: July 17 To July 23

NOMINAL INDEX

1. Sakindar Yada Vs. The State Of Bihar Criminal Appeal (Db) No.945 Of 2017 and Dr. Nagendra Kumar Vs. The State Of Bihar Criminal Appeal (Db) No. 875 Of 2017
2. Educomp Solutions Ltd vs. The Bihar State Electronics Development Corporation Limited Request Case No.85 of 2022
3. Manoj Kumar and Another vs. The State of Bihar and Others Civil Writ Jurisdiction Case No.7185 of 2019
4. Navalkishor Singh Son vs The State of Bihar And oOthers Civil Writ Jurisdiction Case No.4938 of 2023

1. Non-Determination Of Age As Per Section 34(2) Of POCSO Act Causes Prejudice To Fair Trial, Benefit Should Certainly Go To Accused: Patna High Court

Case Title: Sakindar Yada Vs. The State Of Bihar Criminal Appeal (Db) No.945 Of 2017 and Dr. Nagendra Kumar Vs. The State Of Bihar Criminal Appeal (Db) No. 875 Of 2017

Citing the failure to establish the age of the minor victim, the Patna High Court has acquitted two accused, who were convicted under the Protection of Children from Sexual Offences (POCSO) Act in 2017.

“Establishing the minority of the victim child is a condition precedent to proceeding with a case under the POCSO Act. However, in the present case, there is no such finding by the learned trial court regarding whether the victim was a child at the time of the alleged occurrence. Non-compliance with such procedural requirements amounts to a failure of justice, and the benefit should certainly go in favor of the accused,” the bench of Justices Sudhir Singh and Chandra Prakash Singh held.

2. Patna High Court Appoints Justice Mridula Mishra As Arbitrator In Educomp Solutions Vs BSEDC Dispute

Case Title: Educomp Solutions Ltd vs. The Bihar State Electronics Development Corporation Limited Request Case No.85 of 2022

The Patna High Court has appointed Justice Mridula Mishra, its former judge, as an independent arbitrator to resolve the ongoing dispute between Educomp Solutions Ltd and Bihar State Electronics Development Corporation Limited..

The dispute dates back to an agreement signed in 2010, involving a three-year contract under the Build, Own, Operate and Transfer framework for the ICT School Project. The project aimed to establish computer labs, hardware networking equipment, system application software, uninterrupted power supply, and training for the ICT Education Project in schools across rural and urban areas in the State of Bihar.

3. Patna High Court Orders Bihar School Examination Board To Pay Rs 2 Lakh Compensation To Student Wrongly Declared 'Fail' In Sanskrit Paper

Case Title: Manoj Kumar and Another vs. The State of Bihar and Others Civil Writ Jurisdiction Case No.7185 of 2019

The Patna High Court has directed the Bihar School Examination Board to pay a monetary compensation of Rs 2 Lakh to a girl who was wrongly declared 'fail' in a paper of the Secondary School Examination, 2017 (Annual) conducted by the Bihar School Examination Board.

“In the totality of the facts and circumstances of the case, considering the fact that the petitioner no. 2 being a girl student who had in fact passed her matriculation examination in 1st division but because of the irresponsible act of the Board and its officials, she has suffered in her life and has lost her valuable time and studies which cannot be otherwise compensated, this Court directs the Board to pay a sum of Rs.2 lakhs to the petitioner no. 2 as compensation and Rs. 25,000/- as cost of litigation,” ordered Justice Rajeev Ranjan Prasad.

4. Patna High Court Censures Darbhanga Sanskrit University VC For Denial Of Retiral Benefits To Former Night Guard

Case Title: Navalkishor Singh Son vs The State of Bihar And oOthers Civil Writ Jurisdiction Case No.4938 of 2023

The Patna High Court has directed the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar to clear the retiral dues of a former employee within a period of six weeks.

Justice Purnendu Singh ordered the Vice-Chancellor and Registrar of the University to make payment of all the retiral dues including pension along with statutory interest admissible to the former Night Guard in accordance with law within a period of six weeks.