Sikkim High Court
Appellate Court Cannot Reduce Sentence If Trial Court Awarded 'Minimum Punishment' Prescribed By Statute: Sikkim High Court
The Sikkim High Court has reiterated that minimum sentence prescribed by the statute has to be imposed on the guilty and it cannot be reduced by the Appellate Court.It clarified that courts cannot impose less than the 'minimum sentences' prescribed by the statutes while convicting persons for commission of offences. To buttress the position of law, the Division Bench of...
'Violative Of Rights Of Rape Survivors': Sikkim High Court Directs Doctors To Desist From Two-Finger Test
The Sikkim High Court on Wednesday asked that doctors to desist from two-finger test in rape cases, observing that such medical examination affects the dignity of the individual. Hearing a criminal appeal in a rape case, the division Bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan expressed concern over the method employed by the doctors in medical examination of...
"Victim Suffered Catatonic Schizophrenia ; Prone To Hallucinations & Delusions" : Sikkim High Court Acquits POCSO Accused
The Sikkim High Court acquitted a man accused in a POCSO case after noticing that the victim suffered catatonic schizophrenia and thus prone to hallucinations and delusions."It would be difficult to conclude with absolute certainty that what the victim states in her deposition is not coloured by hallucination as she was certainly suffering from catatonic schizophrenia", the bench of...
Sikkim Govt Service Rules | Retired Re-Employed Employees Can't Be Denied Leave Encashment Benefits Unless Contractual: High Court
The Sikkim High Court recently observed that retired re-appointed employees cannot be denied the benefit of leave encashment, unless the re-engagement was contractual in nature.Referring to Rule 36 of the Sikkim Government Service (Leave) Rules, 1982, Justice Bhaskar Raj Pradhan observed:"The respondents' suggestion that there was financial burden upon the state exchequer by providing the...
Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
The Sikkim High Court recently held that a slight penetration without any visible injury is enough to constitute offence of rape and aggravated penetrative sexual assault under Sections 376 AB of the IPC as well as Section 5 of the POCSO Act. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is sufficient to constitute rape under IPC...
Court Can't Travel Beyond Pleadings In A Suit To Frame Issues: Sikkim High Court
The Sikkim High Court has held that trial courts can frame issues with regard to only those pleadings which are asserted by one party and denied by other. Justice Bhaskar Raj Pradhan observed that the suit proceedings cannot travel beyond the pleadings placed on record by the parties.The observation comes in a case where the trail court had framed an issue in a property dispute, to...
Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them...
Judicial Review Of State Policy "Very Narrow": Sikkim HC Rejects Challenge To Removal Of SC/ST/OBC Age Relaxation For Post Of Fisheries Block Officer
The Sikkim High Court recently dismissed a petition challenging the Sikkim State Subordinate Fisheries Service (Amendment) Rules, 2019 which did away with the age relaxation given to the ST, SC, MBC and OBC candidates by the Fisheries Rules, 2008. Justice Bhaskar Raj Pradhan observed that it is open for the government while framing rules under the proviso to Article 309 of the...
S.4 Contract Act | Party Can't Dispute Legally Enforceable Liability Until 'Communication' Regarding Termination Of Contract Is Complete: Sikkim HC
The Sikkim High Court recently discussed Section 4 of the Contract Act which make stipulations regarding completion of a communication qua proposal, acceptance and revocation of a contract.In the instant case, involving interplay with Section 138 of the Negotiable Instruments Act, the bench of Justice Meenakshi Madan Rai made it clear that the Petitioner could not cover up dishonour of...
S.451 CrPC | Custody Of Property Subject Matter Of Offence Should Not Be Retained Unless "Absolutely Necessary": Sikkim High Court
The Sikkim High Court recently observed that the power under Section 451 CrPC regarding custody and disposal of property involved in any offence should be exercised expeditiously and judiciously. Justice Bhaskar Raj Pradhan observed,"As the seizure of the vehicle by the police amounts to its entrustment to a government servant, the idea is that the vehicle should be restored...
S. 321 CrPC | Public Prosecutor Has To Show How Public Interest Will Be Served By Withdrawing Prosecution: Sikkim High Court
The Sikkim High Court has recently held that the Public Prosecutor, who seeks to withdraw prosecution under Section 321 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has to show how the public interest will be served by withdrawing prosecution. The Court should be cautious while allowing such applications, if it is only for affecting the proper administration of justice and has...