Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
POCSO
‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
HIGH COURT MARCH 2024 ROUNDUP | Stories on 2006 Mumbai fake encounter; Arvind Kejriwal Arrest; W.B. Assembly Election 2021; UPSC Prelims 2024; and more
A quick legal roundup to cover important stories from all High Courts in March 2024
‘Gross violation of mandate under JJ Act’: Supreme Court reverses POCSO conviction
Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
Former Law Commission Chairperson, Justice Ritu Raj Awasthi, takes oath as the new Judicial Member of Lokpal
Justice Ritu Raj Awasthi was functioning as the Chairperson of Law Commission of India and resigned from this post on 26-03-2024 after a tenure of 17 months.
‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
Raj HC orders POCSO convict to serve parole at a place away from victim’s residence to balance victim’s safety and accused’s rights
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”
‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case
It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.
Know Thy Judge | Justice N.V. Anjaria, the 34th Chief Justice of Karnataka High Court
Hailing from a family of lawyers and Judges, Justice Nilay Vipinchandra Anjaria took charge as Chief Justice of Karnataka High Court on 25-02-2024.
[Delhi Cantt Rape Case] Delhi High Court nods closure on Rahul Gandhi’s Tweet Controversy disclosing identity of minor victim
Rahul Gandhi informed the Delhi High Court that he has taken down the tweet from 2021 that allegedly disclosed the identity and sensitive details about a minor girl.
Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers
“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”
Know why Karnataka HC recommended a Trial Court Judge to undergo training in Karnataka Judicial Academy vis-à-vis POCSO cases
The High Court was shocked to find that the Trial Judge have not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases.
Misrepresentation and Extortion in POCSO case| ‘Using name of Judges for commission of offences brings disrepute to judicial system, shakes community’s faith’; Delhi High Court denies bail
“This case and order will serve as a reminder that general public shall not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment.”
Karnataka HC issues directions for immediate medical examination of rape victims to ascertain pregnancy and provision of counselling on available options
Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.
Himachal Pradesh High Court quashes FIR against man accused of offence under POCSO to preserve happy, peaceful married life of accused and victim
“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”
‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter
“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”
Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC
“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”
Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions
Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.
Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings
The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.
Sexual Assault Case | Investigating and Presiding Officers have duty to make victims comfortable before recording statements: Bombay High Court
On determination of age, Bombay High Court expressed that “When there is still margin of four years, it cannot be said that the girl was not a “child” as defined under Section 2(d) of the POCSO Act.”