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Criminal law

SUSHIL KUMAR TIWARI versus HARE RAM SAH & ORS.

The High Court's acquittal was set aside because the Trial Court's conviction was supported by a fairly consistent and corroborated prosecutorial case: the victim was shown to be a minor (12-15 years) by unrebutted oral and documentary evidence, medical records corroborated pregnancy and abortion and the time-frame, defects in framing of charge (wrong date) and non-compliance with Section 223 Cr.P.C. did not occasion any failure of justice or prejudice to the accused; accordingly the Trial Court's conviction and sentence were restored.

Source excerpt

  • Rape
  • Framing of charge
  • Section 223 cr.p.c. (joinder of trials)
  • Evidence appreciation
  • Standard of reasonable doubt
  • Age of victim
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Criminal law

JAI PRAKASH versus STATE OF UTTARAKHAND

The convictions under Sections 376, 377, 302 IPC and Sections 5/6 POCSO were upheld on the basis of last-seen evidence, recovery of the body from the appellant's hut and corroborative DNA evidence; however, because the trial and reference courts failed to sufficiently identify and weigh aggravating and mitigating circumstances required by the 'rarest of rare' doctrine, the death sentence was commuted to life imprisonment without remission for the natural life of the appellant.

Source excerpt

  • Rape
  • Strangulation
  • Minor child
  • Recovery of body
  • Last seen theory
  • Dna evidence
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Constitutional law

RAMJI LAL BAIRWA & ANR. versus STATE OF RAJASTHAN & ORS.

A third party may have locus standi to challenge, under Article 136, an order quashing an FIR when the quashment raises a real risk of miscarriage of justice and no party (State or victim/relatives) seeks redress; the High Court erred in quashing an FIR under POCSO and IPC offences solely on the basis of a compromise without examining the nature and gravity of the offences, and therefore the High Court order quashing FIR No.6/2022 dated 08.01.2022 and all further proceedings was set aside and the investigation and proceedings ordered to continue in accordance with law.

Source excerpt

  • Locus standi of third party to challenge quashing of fir
  • Quashing of fir/criminal proceedings under section 482 cr.p.c.
  • Compromise between accused and victim in criminal cases
  • Pocso act interpretation
  • Heinous and non-private offences
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Criminal law

IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus

The evidence established that the accused (about 25 years old) repeatedly committed penetrative sexual assault on a 14‑year‑old victim, resulting in pregnancy; under Section 375 IPC (sixthly) and Section 6 POCSO (aggravated penetrative sexual assault) and Section 376(2)(n)/(3) IPC the offences were made out and consent/characterisation as a 'romantic relationship' was irrelevant; the High Court erred in exercising plenary powers to quash convictions for such serious offences and therefore the Special Court's convictions under s.6 POCSO and s.376(2)(n)/(3) IPC are restored while acquittals und…

Source excerpt

  • Right to privacy of adolescents
  • Protection of children from sexual offences act, 2012 s.6
  • Indian penal code s.376(2)(n) and s.376(3)
  • Pocso s.19(6) implementation
  • Juvenile justice (care and protection of children) act, 2015 rehabilitation provisions
  • Essentials of appellate judgment
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Criminal law

BHAGWAN SINGH versus DILIP KUMAR @ DEEPU @ DEPAK AND ANOTHER

High Court erred in granting bail by unduly relying on delay in lodging the FIR and non-recovery of a video while giving insufficient weight to the prima facie material including the complaint, statements under Sections 161 and 164 Cr.P.C., testimony of the prosecutrix, the domineering position and influence of the accused (including being son of a sitting MLA) and the realistic risk of tampering/intimidation; therefore the Supreme Court set aside the High Court order granting bail and directed surrender within two weeks, with liberty to seek bail later and directions that lower courts consid…

Source excerpt

  • Bail
  • Cancellation of bail
  • Delay in filing fir
  • Gang rape
  • Pocso act
  • Threat and extortion
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Criminal law

ATTORNEY GENERAL FOR INDIA versus SATISH AND ANOTHER

Section 7 of the POCSO Act must be interpreted so that 'touch' of specified sexual parts and 'any other act' involving 'physical contact' with sexual intent are offences; 'physical contact' is not confined to 'skin to skin' contact and may include contact through clothing or via objects; sexual intent is the crucial element and statutory presumptions under ss.29 and 30 may be applied; accordingly the High Court erred in narrowing s.7 and the trial court convictions are restored.

Source excerpt

  • Pocso act s.7 sexual assault
  • Interpretation of 'touch' and 'physical contact'
  • Statutory presumptions s.29 and s.30
  • Rule of lenity
  • Ejusdem generis
  • Sentencing
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Criminal law

RAVI S/O ASHOK GHUMARE versus THE STATE OF MAHARASHTRA

By majority the Court upheld the conviction because the prosecution established kidnapping, forcible vaginal and anal intercourse and death by throttling through consistent eyewitness testimony, medical/post-mortem findings and corroborative Y-STR DNA matches; Section 106 Evidence Act placed the onus on the appellant to explain the injuries and unlawful custody which he failed to discharge; on sentencing the majority concluded the brutality, lack of remorse and circumstances met the 'rarest of the rare' threshold and affirmed the death sentence, while one judge concurred on conviction but wou…

Source excerpt

  • Kidnapping
  • Rape
  • Unnatural intercourse
  • Murder
  • Death penalty
  • Dna (y-str) evidence
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Criminal law

KUMAR GHIMIREY versus THE STATE OF SIKKIM

Enhancement of sentence by the High Court in appeal filed by the accused is permissible only if notice is given to the accused as per Section 386 Cr.P.C.; since in the present case no notice was issued, the enhanced sentence is set aside and the original sentence of seven years is restored.

Source excerpt

  • Sexual assault
  • Sentencing enhancement
  • Protection of children from sexual offences act
  • Procedural rights
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Criminal law

MS. EERA THROUGH DR. MANJULA KRIPPENDORF versus STATE (GOVT. OF NCT OF DELHI) & ANR.

The definition of 'age' in Section 2(d) of the Protection of Children from Sexual Offences Act, 2012 refers only to chronological or biological age, and does not include mental age. Parliament intended to protect only children whose physical age is below 18 years, as indicated by the statutory language and legislative history. Extending protection to persons above 18 years on the basis of mental age would be contrary to the Act and legislative intent.

Source excerpt

  • Interpretation of 'child' under pocso act
  • Age determination
  • Mental disability and statutory protection
  • Victim compensation scheme
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Constitutional law

SUPREME COURT WOMEN LAWYERS ASSOCIATION versus UNION OF INDIA & ANR.

Supreme Court cannot create or legislate punishments and offences; it can only suggest to the Legislature to consider a statutory distinction and enhanced punishment for rape of girl children. There is no constitutional silence or absence of enacted law, as punishment for rape of minors is provided under IPC Section 376.

Source excerpt

  • Child sexual abuse
  • Rape
  • Punishment
  • Chemical castration
  • Definition of child
  • Enforcement of constitutional rights
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.