POCSO: Accused did not rebut the evidence against evidence of victim
Appeal – Appellant side submission – State submission – Hon’ble Supreme Court principles followed – Subsequent insertion in the complaint was not cross-examined – How to appreciate child witness? – Victim girl clearly identified the appellant – Prosecution proved the offence – Accused did not rebut the evidence.
POCSO: Since section 29 of the Act necessitates the accused to rebut the case it is just to recall the witness for cross examination
POCSO Act and Prohibition of Child Marriage Act – re cross examination on victim – victim attained majority does not come under the definition of child.
A timeless guidance of Hon’ble Madras High Court for young generation to stay away from pornography
Prayer – Facts – Petitioner’s mobile phone contains two files contain child videography content where two teen boys involved in sexual activity with an adult woman – Direct enquiry of Hon’ble High Judge with the petitioner – Admission of petitioner about his habit of watching porn – Verifying Case diary – Section 14(1) POCSO analysis – Section 67-B of Information Technology Act analysis – Section 292 IPC – No offence committed by the petitioner – Petition quashed.
Cr.P.C., 1973. Notes no.8: Procedure for registration (Chapter XII – Part.2)
This part no.8 will give a clear picture about procedure for registering First Information Report. With this reading it will be easy to learn and have ideas about the “FIR registration procedures” – These notes will be helpful for writing examination (judicial) and academic purposes.
Basics of Criminal Law – Part.3 – Criminal Jurisprudence
Learn what is meant by criminal jurisprudence – Criminal jurisprudence is the main part in shaping the criminal justice system. Learn how criminal law, punitive laws, and common law traditions inform the criminal justice system.
Quash: Courts must be vigilant on identifying false complaints
Appeal – Facts – Findings – Complaint signatory’s parentage and address was not mentioned in the complaint – Summoning order does not show application of mind and no reasons assigned – Complainant concealed material facts – New story of forging documents built up in complaint – Case is between simple transaction of loan between corporates.
BASICS OF CRIMINAL LAW – Part.2 – Elements of crime
BASICS OF CRIMINAL LAW – Part.2 – Elements of crime. Elements of Crime – Study.1 & 2.
BASICS OF CRIMINAL LAW – part.1
This series of articles will give a general idea of criminal law and its basic understanding. This series will be useful for Law students and students who are preparing for exams. The essays in this series have been designed, developed and being written by group of experts for easy understanding.
Bilkis Bano case
Head note:
Incident is the aftermath of the Godhra burning train incident – The brutal offence – Gang raping the pregnant women petitioner and murdering 11 persons including two days old infant – Appeal: Bilkis/victim approached Apex court against the remission granted by the Gujarat State Government against accused 3 to 13 – Factual background – Fir, closure report and protest petition – Case transferred to CBI and CBI after investigation filed charge sheet against 20 persons – Case transferred from Gujarat to Maharashtra (Mumbai) – Trial court convicted 11 accused and one police officer for recording incorrect fir – Bombay High Court ordered the prisoner to be transferred to the prison of his state – Hon’ble Bombay High Court confirmed the conviction of 11 accused and further convicted the person who were acquitted by the trial court – Special Leave Petition preferred by all the accused were dismissed and upheld the findings of the Hon’ble High Court – One of the accused has preferred application for premature release before the Gujarat High Court which got dismissed stating he has seek remedy before Hon’ble Bombay High Corut – Remission – Jail advisory committee of State of Gujarat recommended grant of remission to all the accused – Sessions judge Godhra gave affirmative opinion regarding premature release of accused – Government of India conveyed approval for premature release of all convicts – State of Gujarat issued order of remission dated: 10.08.2022 – Present writ petition was filed against the order dated: 10.08.2022 – Arguments on behalf of the petitioner – Though the crime was committed in Gujarat but the trial was conducted in Maharashtra – Appropriate government is Maharashtra and not Gujarat – Remission orders did not meet the criteria laid down by Apex Court – Convict cannot claim remission as a matter of right – Grant of remission shall not be arbitrary – Prerogative power of remission is not immune from judicial review – Detailed submission of petitioners – Finally petitioners sought quashing of the order of State Government of Gujarat – Arguments of the accused – Accused argued that the current bench cannot circumvent the orders of the earlier bench of the Hon’ble Supreme Court dated: 13.05.2022 – Detailed submissions on behalf of accused – Points for consideration – Analysing point no.1 – Filing petition under Article 32 of the constitution is also a fundamental right – Earlier occasion Hon’ble Supreme court’s order was understood by the State Government of Gujarat as a direction or command to grant remission – Point no.2 left open for appropriate case – Regarding Remission: Scope & Ambit – Powers under Articles 72 and 161 are absolute and cannot be fettered by any statutory provision – Convicts have no constitutional right for obtaining remission – A circular or letter by State Government is not an order for remission – Section 432 Cr.P.C – Analysis – Appropriate government defined – Section 433-A Cr.P.C – Point no.3 – Who is appropriate government? – Earlier order obtained by misleading – Earlier order obtained by fraud is non-est in the eye of law – Fraud vitiates everything – State of Gujarat has no jurisdiction to entertain the applications for remission – Since the State Government of Gujarat is not appropriate government the proceedings of jail advisory committee has no value – Summary of Conclusions.
Cr.P.C., 1973. Notes no.7: Information to the police and their powers to investigate (Chapter XII – Part.1)
This part no.7 will give a clear picture about how to give Information to the police and further police’s powers to investigate the same. With this reading it will be easy to learn and have ideas about the “Investigation” – These notes will be helpful for writing examination (judicial) and academic purposes.
Section 319 Cr.P.C: Petition allowed on facts
Appeal – Petition filed under section 319 cr.p.c – Petition dismissed by Trial court and allowed by High court – Apex court stated that witnesses statements recorded under section 161 cr.p.c is in line with their previous statements.
