S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex. This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and also covers all possible penile...

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. “Exception 2 to Section 375 IPC cannot be taken out from it while reading Section 377 IPC in relation to husband and wife. If an...

POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court

The Uttarakhand High Court has observed that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to 'sexual harassment' of a child and make out an offence under Section 11 (Sexual Harassment) read with Section 12 (Punishment for sexual harassment) of the POCSO Act. A bench of Justice Ravindra Maithani observed thus while upholding an order of...

Wife's Refusal Of Carnal Intercourse Against Order Of Nature Due To Physical Incapacity Not Mental Cruelty: Uttarakhand HC

The Uttarakhand High Court has observed that a wife's refusal to engage in carnal intercourse against the order of nature due to physical incapability does not constitute mental cruelty towards her husband. A bench of Justice Ravindra Maithani observed thus while dismissing a criminal revision plea moved by a husband challenging a family court's order directing him to pay ₹25K per...

Uttarakhand HC Grants Protection To Inter-Faith Live-In Couple With Condition To Register Under State's UCC Law In 48 Hours

On Thursday, the Uttarakhand High Court granted protection to an inter-religious couple living in a live-in relationship, stipulating that they must register their relationship under the Uniform Civil Code, Uttarakhand, 2024, within 48 hours.It may be noted here that, as per Section 378 of the 2024 Law, persons in live-in relationships (being Uttarakhand residents) are now required to...

“Managed To Survive For 23 Long Years”: Uttarakhand High Court Dismisses Belated Plea For Compassionate Appointment Citing Significant Delay

Dismissing a plea for seeking compassionate appointment the Uttarakhand High Court recently reiterated that a claim for a compassionate appointment cannot be made so long after the demise of the family member.The judgment was passed in a case where the petitioner sought a compassionate appointment following the death of his father, a work charge employee in the Public Works...

Uttarakhand High Court Directs State To Revisit Decision Granting Y+ Security To MLA Umesh Kumar Sharma

The Uttarakhand High Court on Monday (July 8) directed State's Home Department to revisit its decision granting Y+ security cover to the Independent MLA Umesh Kumar Sharma at the cost of the public exchequer. The bench comprising Justices Manoj Kumar Tiwari and Pankaj Purohit directed the Department's Secretary to have the threat perception to MLA Sharma, re-assessed by a committee consisting...

Consider Counselling Instead Of Arresting Adolescent Boys Under POCSO Act For Dating Minor Girls: Uttarakhand HC To State Govt

The Uttarakhand High Court on Monday asked the State Government to explore the possibility of counselling adolescent boys who date minor girls instead of arresting them under the Protection of Children from Sexual Offences (POCSO) Act.A bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal issued a notice to the Union of India and the State Government on a Public Interest...

Rape & Murder Of 15-Year-Old Girl | Uttarakhand High Court Acquits Man Sentenced To Death In 2018

The Uttarakhand High Court recently overturned the death penalty awarded to a man by a trial court in a case involving the rape and murder of a 15-year-old girl. A bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma pointed out multiple flaws in the prosecution's case and the trial court's records while convicting the accused of murder and rape. The Court...

High Court Does Not Function As Court Of Appeal Or Revision While Exercising Powers Under Inherent Jurisdiction: Uttarakhand High Court

The Uttarakhand High Court in a recent judgement held that a high court does not function as a court of appeal or revision under inherent jurisdiction.Dismissing an application filed under Section 482 of the Code of Criminal Procedure, 1973 by the accused, a bench comprising of Justice Alok Kumar Verma observed that “This inherent jurisdiction though wide should not be capriciously...

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court

The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS) observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights.In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored,...

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court

The Uttarakhand High Court has upheld an arbitration award observing that an arbitrator can award interest after the award is given till the actual payment is made.These observations were made in an appeal filed by the State questioning whether the amount of interest awarded by the Arbitrator is covered under Section 31(7)(a) and (b) of the Arbitration and Conciliation Act, 1996. Hearing...