High Courts Weekly Roundup [November 22, 2021 To November 28, 2021]

Allahabad High Court1. Oral Sex With 10-Yr-Old Boy Not An 'Aggravated Sexual Assault' But 'Penetrative Sexual Assault' Under POCSO Act: Allahabad High Court [Sonu Kushwaha v. State of Uttar Pradesh] While dealing with the appeal of a POCSO Convict, accused of committing oral sex with a 10-year-old boy, the High Court observed that putting the penis into the mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into the category of penetrative sexual assault which is punishable under Section 4 of the POCSO Act. Pursuant to the perusal of the specific provisions of the POCSO Act, the Bench of Justice Anil Kumar Ojha observed that the Act [putting a penis inside the mouth of a child] falls under the category of 'penetrative' sexual assault punishable under Section 4 of the POCSO Act 2012.2. "Evidence Of Victim Being Last Seen With Accused Not Convincing": Allahabad HC Acquits Man Facing Death Penalty In Minor Murder, Rape Case [Bal Govind Alias Govinda v. State of U.P.] The High Court acquitted a man convicted for raping and murdering a minor girl and facing the death penalty, having found the evidence of the deceased being last seen with the accused-appellant before the alleged incident as not convincing. Importantly, the Bench of Justice Manoj Misra and Justice Sameer Jain also observed that there must have been immense pressure on the police to solve the case and opined that the accused-appellant was named on mere suspicion, and not on evidence, to solve the case. 3. Allahabad HC Directs Name, Gender Change Of A Transgender In Educational Records Following UP Education Board's Denial The High Court (Lucknow Bench) directed Uttar Pradesh Government authorities to take immediate steps for change of name and gender of a Transgender in her educational mark-sheets and certificates.The Bench of Justice Vivek Chaudhary also ordered the issuance of fresh changed mark sheets and certificates to her, as per the certificate issued by the District Magistrate to the petitioner. 4. CBI Gets Allahabad High Court's Sanction To Prosecute Former Judge Justice SN Shukla In Medical College Bribery Case The High Court has granted its sanction to the CBI to prosecute its former Judge, Justice SN Shukla, in the medical college bribery case, reported the NDTV.The CBI has alleged that Justice Shukla took illegal gratification for passing a favourable order in matter regarding Prasad Institute of Medical Science, Lucknow.With this sanction, CBI can now moved ahead and prosecute Justice SN Shukla. 5. UP Govt Assures Best Possible Medical Treatment To Atiq Ur Rehman; Tenders 'Unconditional Apology' In Allahabad High Court Informing the High Court that Atiq-ur-Rehman, a UAPA Accused has been admitted to the All India Institute of Medical Sciences (AIIMS) for his medical treatment, the Uttar Pradesh Government has tendered an unconditional and unqualified apology in the High Court.Essentially, in compliance with the High Court's November 23rd Order, the Jailor, District Jail, Mathura today filed an affidavit informing the Court that Rehman has been admitted to AIIMS on November 24th and he is presently under the supervision of Doctors of AIIMS, Delhi. 6. How Long Will It Take To Provide Security, Biometric & CCTV Camera Arrangements Across All Judgeships: Allahabad HC Asks UP Govt The High Court asked the Uttar Pradesh Government as to how long would it take to provide the arrangements with regard to security, biometric, and CCTV cameras in respect of all the Judgeships in the State of Uttar Pradesh.Essentially, the query was raised by the Bench of Justice Suneet Kumar and Justice Samit Gopal in a suo moto PIL titled In Re Suo Moto Relating To Security And Protection In All Court Campuses In The State Of U.P., initiated after the incident of open firing in Bijnor district court. Also Read: NCPCR Asks UP Govt To File 'Urgent Appeal' Against Allahabad High Court's Contentious 'Oral Sex With Minor' Judgment Also Read: Following Allahabad High Court's Nudge, UP Govt. Takes UAPA Accused Atiq Ur Rehman To AIIMS For Medical Treatment Also Read: Haven't Made A Statement On Establishment Of Allahabad High Court's Bench At Agra: Union Law Minister Kiren Rijiju Bombay High Court 1. Nawab Malik Approaches Division Bench Seeking To Quash Single Judge's Ad-Interim Order Nationalist Congress Party leader and Maharashtra Minister Nawab Malik has approached the division bench and sought to quash the single judge's ad-interim order with consent of NCB Zonal Director Sameer Wankhede's father Dhyandev, while continuing with his statement to not tweet anything against the family.Malik's Advocate, Karl Tamboly, tendered draft consent terms before the division bench of Justices SJ Kathawalla and Milind Jadhav on Friday and pleaded that the case be remanded back to the single judge as per the current...

High Courts Weekly Roundup [November 22, 2021 To November 28, 2021]

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