'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years

After conviction by the Trail Court, the Appellant preferred the instant appeal in 2005 through jail, which remained defective for a period of 16 years. This defective conviction appeal was taken up as listing application and was filed by the Legal Services Authority with a special mention that accused is in jail for 20 years.

'You Are Dragging Your Feet; This Concerns Citizenry's Rights' : Supreme Court Pulls Up Centre Over Non-Installation Of CCTVs In Central Probe Agencies

The Supreme Court on Tuesday pulled up the Union Government for seeking more time regarding the installation of CCTV cameras in the offices of Central probe agencies such as CBI, NIA, NCB etc.On December 2, 2020, a bench headed by Justice RF Nariman had issued directions to install CCTV cameras in all police stations across the country to check instances of custodial torture. The...

"First You Comply With Office Objections": Karnataka High Court Refuses To Stay Proceedings Against Kangana Ranaut Over Her Remarks On Protesting Farmers

The Karnataka High Court on Tuesday refused to stay the proceedings initiated against actress Kangana Ranaut by a Judicial Magistrate First Class (JMFC) at Tumkur, which had on October 9, 2020 directed the jurisdictional Police Station (Kyathasandra) to register FIR against her for her tweet on farmers opposing the Farmers Bill. Ranaut has moved the Karnataka High Court seeking to quash...

Woman IPS Officer Allegedly Sexually Harassed & Stopped From Filing Complaint By DGP: Madras High Court Takes Cognizance; Will Monitor Investigation

The Madras High Court has taken suo moto cognizance of alleged sexual harassment of a IPS cadre woman officer by her senior, a Special DGP, and has decided to monitor investigation into the case itself. A Single Bench of Justice N. Anand Venkatesh minced no words in criticizing the alleged incident and also expressed displeasure at the manner in which the Special DGP allegedly used...

[Tandav] The Offended Majority And The Inconsistent Policy On Bail- A Critique Of The Allahabad High Court's Order

In 1977, Justice Krishna Iyer summarised the basic rule of the criminal justice system in a tersely worded phrase- 'bail, not jail'. The deprivation of liberties must be an exception to the rule. However, far more important than the exposition of this basic rule, is a significant observation made by the same judge in another case, while dealing with the issue of bail. In...

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of the Bombay High Court(Aurangabad Bench) which cancelled his...

Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque Dishonour : Supreme Court

The Supreme Court on Monday held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act against the corporate debtor."We hold that a Section 138/141 NI Act proceeding against a corporate debtor is covered by Section 14(1)(a) of...

Book Review: 'On Citizenship' By Romila Thapar, N Ram, Gautam Bhatia and Gautam Patel

The passing of the Citizenship (Amendment) Act, 2019 sparked widespread protests across the country. Overnight, citizenship became one of the most discussed issues in India. Online portals dumped op-eds and TV news debates pitted party spokespersons against each other – CAA was what everybody was talking about. And while citizenship was being discussed, not many knew enough about it....

Jaipur Blasts Case- Rajasthan HC Expresses Surprise At Police Arresting An Accused Soon After His Release From 12 Yrs Custody & Acquittal In 8 Other Similar Cases

The ordeal of Shahbaz Ahmad, who was denied freedom from prison despite his acquittal in cases related to Jaipur blasts of 2008, makes a mockery of the cherished fundamental right to personal liberty guaranteed under our Constitution.Recently, the Rajasthan High Court was shocked to learn that Shahbaz Ahmad(48), who has been under custody since 2008, was arrested again in a case related to...

Pre-Trial Stage - Step By Step

INTRODUCTION Under the criminal procedure, there are mainly 3 stages of criminal proceedings in India namely: The Pre-Trial Stage.The Trial Stage.The Post-Trial Stage. In order to understand the various stages of the Criminal Law Proceedings or Trial in India, it is important to understand what is Crime and Trial? Crime is a term which has evolved from the concept...

State Has To Compensate Unforeseen Death Or Injury In Govt Hospital Even If There Is No Medical Negligence : Madras High Court

The Madras High Court has directed the State of Tamil Nadu to provide a compensation of Rs. 5 lacs to a Dalit Petitioner whose daughter had died as a result of complications that arose after administration of anesthesia in a government hospital A single bench of Justice GR Swaminathan heard the matter and held that, even though there was no medical negligence on behalf of the...

Gujarat High Court To Start Its Official Telegram Channel

With the objective of furthering the ease and convenience of the Advocates, litigants, and the other stakeholders, the Gujarat High Court has started its official Telegram Channel. Significantly, updates like Daily Notices, Circulars, Press Releases, Youtube Live Streaming Links, Complete Causelists, Miscellaneous Notifications and other important updates will be shared on...