The Calcutta High Court allowed the application filed by a rape accused seeking DNA Test of the child and clarified that when “non-access” to a relationship is claimed by the accused, it is his right to have the same proved by way of evidence available/possible. The High Court was considering a revisional application preferred against an order of the Additional Sessions Judge arising out a criminal case registered under Sections 376 and 420 of the Indian Penal Code. The Single-Judge Bench of Justice Shampa Dutt (Paul) said, “Thus, when “non-access” is claimed in such a relationship, it is the right of the accused to have the same proved by way of evidence available/possible.”
A Malayalam actress has petitioned the Supreme Court against the Kerala High Court’s order to register an FIR based on her statements to the Hema Committee, claiming she had no intention of pursuing the case. She argues her testimony was for academic purposes only and requests a stay on the investigation.
The Supreme Court expressed extreme displeasure over the Delhi High Court’s decision to a discharge order passed by the trial court in a murder case. A Bench of Justice Abhay S Oka and Justice Augustine George Masih opined that such an approach in a revision plea moved by the State was completely unheard of.
An accused in a money laundering case cannot be incarcerated forever by using the stringent conditions for bail under Section 45 of the Prevention of Money Laundering Act (PMLA) as a shackle against him, the Delhi High Court stressed Yesterday (Oct 29). Justice Manoj Kumar Ohri made the comment in relation to money laundering cases involving protracted trial.
Two men accused of killing Ripudaman Singh Malik, a Sikh man acquitted in the tragic 1985 Air India Kanishka terrorist bombing case, have pleaded guilty to second-degree murder in a Canadian court, according to media reports. Tanner Fox and Jose Lopez entered the pleas in the British Columbia (BC) Supreme Court on Monday (Oct 21) on the eve of their trial for the killing of 75-year-old Malik, who was shot several times outside his family business on the morning of July 14, 2022.
The Central Bureau of Investigation (CBI) Today (Oct 15) informed a Delhi court that there was enough evidence to prosecute the accused persons in the death case connected to the flooding in an Old Rajinder Nagar coaching institute. The civil services aspirants had lost their lives following a torrential downpour in the national capital leading to the flooding at the coaching institute.
In the Baba Siddique murder case, an ossification test confirmed that accused Dharmaraj Rajesh Kashyap is an adult, countering initial claims of him being a minor. Siddique, a former minister, was shot dead in Mumbai, sparking political outrage and calls for accountability as the investigation explores ties to organized crime and potential motives.
The Allahabad High Court observed that POCSO Act has become a tool for exploitation and it was never meant to criminalise consensual romantic relationships between adolescents. The Court added that the fact of consensual relationship borne out of love should be of consideration while granting bail.
The Supreme Court Today (Sept 2) came down heavily on ‘bulldozer justice’, questioning how a house can be demolished just because it belongs to an accused or even a convict in a criminal case. The court also said that it proposes to lay down guidelines on the issue. “Even if he is a convict, still it can’t be done without following the procedure as prescribed by law.”
The Delhi High Court cancelled the bail granted to a 60-year-old man accused of rape of a 13-year-old girl. Justice Subramonium Prasad said that even though the courts ordinarily do not interfere with orders granting bail, releasing the accused on bail in this case will have a deleterious effect on the society.
