Patna High Court
Conviction Under Wrong Provision Of POCSO Act: Patna High Court Orders Release Of Sexagenarian After 10 Years, Enhances Victim's Compensation
The Patna High Court has ordered the release of a man in his sixties, previously convicted by a Sessions Court for the rape of his 12-year-old niece, citing the application of a wrong provision of the Protection of Children from Sexual Offences (POCSO) Act, 2012.The court held that the trial court erroneously sentenced the appellant under Section 6 of the Act, which was not applicable to...
FIR Must Be Dispatched To Judicial Magistrate Within 24 Hours, But Delay Alone Not Sufficient To Dismiss Prosecution Case: Patna High Court
The Patna High Court has recently observed that while an FIR must be dispatched to the nearest Judicial Magistrate within 24 hours, the prosecution's case cannot be dismissed solely on account of such a delay.A division bench comprising Justices Ashutosh Kumar and Jitendra Kumar emphasized, “We are conscious of the position of law that a recorded FIR ought to be dispatched to the...
Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy.Upon perusing the material evidence placed on record,...
Court Cannot Examine Correctness Of Policy Decision Which Is Supported By Sufficient Material And Complies With Article 14: Patna High Court
The Patna High Court has reiterated that once it is found that there exists sufficient material supporting a particular policy decision and it falls within the scope of Article 14 of the Constitution, the power of judicial review does not extend to determine the correctness of that policy decision or finding out an alternative.The above ruling came during the dismissal of a petition filed...
Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC
Patna High Court: A single judge bench of Justice Satyavrat Verma quashed the Bihar Education Department's Pay Verification Cell's order that unilaterally reduced a university employee's salary and downgraded his designation. The Court held that such action without prior notice violated principles of natural justice and contradicted an earlier High Court ruling that mandated...
Service Of Notice Presumed Effective Upon Expected Delivery Time Unless Proven Otherwise: Patna High Court
The Patna High Court has affirmed that service of notice is presumed to be effective upon the letter's expected delivery time in the ordinary course of business, unless the addressee can prove otherwise.Justice Sunil Dutta Mishra, while presiding, reiterated, “Section 114 of the Evidence Act, 1872 enables the Court to presume that in the common course of natural events, the communication...
State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC
While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".In doing so the court observed that prohibition law in the...
Recovery Of Excess Payment From Lower-Rung Employees Violates Article 14: Patna HC Imposes Rs 5 Lakh Penalty On Child Development Project Officer
The Patna High Court has reiterated that recovering excess payments from employees in the lower service tiers, such as Class-III and Class-IV staff, is iniquitous and would place an undue burden on them, exceeding any reciprocal benefit to the employer.Justice Purnendu Singh, presiding over the matter, emphasised, “employees in lower rung of service would spend their entire earnings in...
[Dowry Death] When Offence Committed Inside House, Initial Burden Of Proof Rests On Prosecution But Degree Becomes Lighter: Patna High Court
The Patna High Court has clarified that, under Section 106 of the Indian Evidence Act, requiring an appellant to explain the cause of a deceased's death without the prosecution first proving basic facts would amount to an improper interpretation of the law.The Court stated that the prosecution must establish foundational facts showing involvement of the appellant and others in the alleged...
Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case.Justice Jitendra Kumar, while delivering the judgment, noted that the medico-legal examination report of the informant was not placed on record. The bench observed, “there is...
Intervenor Can't Insist On Being Added As Party In Partition Suit When Claim Is Based On Unregistered Gift Deed: Patna High Court
While allowing a plea against an order which permitted the impleadment of an intervenor in a partition suit, the Patna High Court observed that the intervenor cannot insist on being added as a party to the suit as her claim was based on an unregistered gift deed. In doing so the high court observed that intervenor may make her claim in her independent capacity on the basis of her right and...
Decree Doesn't Become Nullity Only Due To Death Of Some Defendants During Suit If Right To Sue Survives Against Remaining Defendants: Patna HC
The Patna High Court dismissed a petition under Article 227 of the Constitution challenging the Sub Judge's order that denied an application to dismiss an execution case. The court held that a decree does not become null for all defendants if the right to sue persists against the remaining defendants.Justice Arun Kumar Jha, presiding over the case observed, “In the present case, even...