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Can A Dispute To A Common Water Connection Lead To A False POCSO Case, This Case Suggests So.

The Hon’ble Supreme Court has given a remarkable decision in a criminal appeal (by way of SLP). The appellant-accused has been convicted under S.363 IPC and S.6 read with S.29 of POCSO Act 2012. The prosecution had alleged that the accused had taken a minor girl aged 2.5 years with him to a public park without knowledge of her mother. Upon searching for her, her mother and her uncle reached to the park and took her away from the accused. Later, when they reached to their ‘jhuggi’ the girl went asleep. When she woke up and her mother took her for urine, she saw blood stains on girl’s ‘pyjami’ and reddishness on her vaginal area. The mother took her daughter to a private doctor who asked her to report the incident to the Police. Hence, the accused had been arrested and tried by the Trial Court. The Trial Court relied on testimony of the girl’s mother, the private doctor and the girl’s uncle, and convicted the accused for offence of S.363 IPC with 1 year of rigorous imprisonment and fin...
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Convicted In POCSO And Rape, Acquitted After 9 Years Upon Improper Identification And No Forensic Material. Justice Is Served But At What Cost.

“….. This Court is not expected to remain a mute spectator where an aspect of evidence bearing directly upon the guilt or innocence of the accused is left unattended. …..” ~ Hon’ble Mr. Justice Sandeep Mehta The Hon’ble Supreme Court has given a remarkable decision in criminal appeal case and acquitted the accused-appellant from all the charges of IPC and POCSO Act 2012, in the premise of irregularities in investigation and no corroborative and scientific evidence of forensic nature to prove the alleged sexual assault. The prosecution case completely relied on ocular and testamentary evidence which was erringly affirmed by the Trial Court and the High Court, caused a man to spend 9 years in custody. An FIR was registered against unknown under S.376, 376(2)(i)(j), 363, 323 and S.3/4 POCSO Act 2012 for an alleged offence of sexual assault to a five-year girl. The police arrested the accused-appellant only after 2 months of the incident. It was alleged that the police told the victim ...
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Calculation Of Functional Disability Depends On Assessing The Victim’s Earning Capacity In The Open, Competitive Market : SC

The Hon'ble Supreme Court has given remarkable decision holding the longstanding idea that sufferer's earning capacity should be assessed in the open and competitive market only. The facts of the case were as: In a road accident, the claimant had suffered a 100% physical disability by blindness, pelvic fractures, and a permanent loss of large intestine resulting to stoma for her life time. Also, in the same accident, her fiancé had succumbed to death resulting to loss of marriage prospects. She had to go through 19 months of unpaid leave to recover from the injuries. The testimonies and records of various medical professionals established that the Claimant was treated at multiple hospitals, including Anand Hospital (Meerut), Fortis Hospital (Noida), Kailash Hospital, Heart Institute (Noida), and Nitin Hospital (Patiala). Despite an attempt to restore continuity of her large intestine at AIIMS, the procedure failed, leaving her with a permanent stoma for the rest of her life. In...
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An Adverse Order Against Judgment Of Acquittal Should Have A Tenable Justification : SC

The Hon'ble Supreme Court has given a remarkable decision in an appeal against an adverse order of the High Court. The facts of the case were: The wife had died due to poisoning and the husband and his family members booked under S.498A and 306 IPC. With due considerations, the Sessions Judge acquitted all of them on ground that the allegations of the victim’s family are vague and general and also, no material evidence has been brought that favour occurrence of the alleged offence. Later the High Court on appeal against acquittal, overturned the acquittal of the husband. Aggrieved by the adverse order, the appellant-husband reached the Supreme Court. The Hon’ble SC held that the High Court has erred in overturning the decision of the acquittal. While considering an appeal against acquittal, the principles laid down in Sheo Swarup and Ors v. The King Emperor, AIR 1934 PC 227(2) , which were approved by this Court in Bhubneshwar Mandal & Ors. V. The State of Bihar (CRL A No. 257 ...
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What Exactly Are The Grounds For Parole And Furlough, This Supreme Court Precedent May Help You Decide

The Hon’ble Supreme Court in Asfaq v. State of Rajasthan and Ors. (2017 INSC 884) elaborately defined parole and furlough, types of parole based on the State Guidelines, and set out a number of differences between parole and furlough. Through this judgement, the Court also set out the guidelines on what conditions the applications for parole be decided. The Court through this judgment expressly held that mere heinous and aggravated nature of offence alone can not be the ground for rejection of an application for parole. The reformative theory of criminology mandates that all individuals irrespective of the nature of their crimes and conviction should be given a chance to maintain their social and family ties and re-establish their relationship in the society. Also, such legal remedies reduce the growth tendency of recidivism in the convicted person after being released. Parole: A parole can be defined as conditional release of prisoners i.e. an early release of a prisoner, condition...
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Whether Exception 2 To S.375 IPC Available To A Muslim-Husband When Wife Is Below 18 Years Of Age, Kerala High Court Clarifies

The Hon’ble High Court of Kerala gave a remarkable decision in a criminal miscellaneous petition filed under section S.528 BNSS (S.482 CrPC) to quash an FIR. The accused-petitioner, a Muslim-husband, had been booked under S.366 and S.376(2)(n) of IPC, Sec 6(1) r/w S.5(1) & S.15(1) of POCSO Act 2012. The petitioner’s counsel urged that the de facto complainant is legally wedded wife of accused-petitioner. Their marriage took based on Islamic religious rights when she was 17 years and 1 month old. Such marriage has been admitted by the de facto complainant, the brother of the de facto complainant and the Kazi of the Mosque where the marriage was solemnized. Hence, Exception 2 to S.375 IPC is applicable to the petitioner and this case shall be quashed. Whereas, the complainant’s counsel argued that S.2(1)(d) of the POCSO Act 2012 declares that child means a person below eighteen years of age. Also, S.6 of the said Act provides for aggravated penetrative sexual assault as the accused...
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Rejection Of An Application Under S.156(3) CrPC Neither Has Finality Nor Bars Registration Of An FIR : SC

The appellant filed a writ petition under Article 226 at Allahabad High Court to quash an FIR on the ground that the respondent’s application under S.156 (3) CrPC (now, 173(4) BNSS) had already been rejected by Add. CJM and further registration of FIR on substantially same allegations would cause burden of double proceedings. But the Court dismissed his petition. Aggrieved by this decision, the appellant reached the SC. The Hon’ble Supreme Court upheld the order of the High Court, relying on its judgment in Mahendri and Ors. V. State of U.P. & Anr. (2015). The Court held that an order passed under S.156(3) of the CrPC is confined to directing, or disclosing to direct the exercise of the statutory power of investigation under chapter XII of the Code. Such an order neither entails an adjudication on the merits of the allegation nor determines any right or liability of the proposed accused. The rejection of an application of 156(3) cannot be accorded such finality as would attra...
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Advocate Cannot Use Information Received In Confidence Against The Client If She Becomes An Adversary : SC

"It is sometimes said that in a trial the parties already know the truth, and that it is the Judge who is on trial.  The machinery of justice is not a facility to settle scores to salvage reputations they have themselves imperiled or to extract advantage from a controversy of their own making.", observed by Hon’ble Mr. Justice Vikram Nath. The appellant has raised to the Bar Council, that the respondent has performed professional misconduct under S.35 of Advocates Act 1961. She alleged that the Additional Commissioner of Police had tried to sexually assault her. Then, the appellant engaged the respondent as her counsel in 2013. A notice has been issued without her consent by the respondent, while the respondent counter-claimed that he have received her oral consent. The appellant alleged that respondent was entrusted with confidential information and instead of acting in her interest, acted against it. He gave interview to press, publicly characterized her complaint as fa...
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How Do Music Sampling Laws Apply To Modern Remixes And DJ Performances?

Abstract: In the modern age, remix music and DJ performances are very popular among youngsters and attract a significant public attention. The higher is the public engagement, the more it can be used to monetize. Remix music and DJ performances are often heard at public events and live shows. But whether this new form of music is legally justified to copyrighted musical work, is a significant question. ‘Musical Work’ is subject of copyright The Copyright Act, 1957 brings musical work in the domain of recognized form of ‘work’ subject to copyright. ‘Musical work’ is any work which consists of music and also includes any graphical notation of such work. This excludes any action or word intended to be sung with the music, spoken or performed with music. The adaptation of any musical work into any arrangement or transcription of the work needs prior license from the author i.e. the composer. If the musical work is computer generated work, then in that case, one first needs to have ...
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How To Protect Memes, GIFs, And Other Viral Content From Copyright Infringement?

Abstract: Memes, GIFs and other viral content on social media apps are very popular and rapidly consumed by people to give their reactions as well as review to certain idea or issue. Memes, GIFs, avatars, stickers, etc. spread among people at lightning speed, and thus, are highly susceptible to copyright infringement. What are Memes, GIFs and other viral content and how they are made? Meme is a digital content which is a short duration clip or image with humorous texts. It is a humorous inception out of human mind which comes into existence meticulously based on sense of humor of the person, who wants to create satire, criticism or any laughable text with relatable visual scenes. They are made out either from already existing copyrighted material i.e. shows, movie scenes, images, etc. or images or videos by the creator himself. GIF is a raster image file that supports both static as well as animated image or scenes from video clips. One can create his own GIF content using his media ...
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