Tag: Justice Satish Chandra Sharma

Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case

The Supreme Court of India granted leave to appeal against a High Court judgment dated April 26, 2024, which affirmed the conviction of appellants under various sections of the IPC and Section 6 of the POCSO Act, 2012, including imprisonment for life. While upholding the conviction, the Supreme Court partially allowed the appeals, reducing the sentence from life imprisonment (remainder of natural life) to twenty years of rigorous imprisonment based on Section 6 of the POCSO Act and considering the appellants' age and incarceration period. Facts Of The Case: Pintu Thakur @ Ravi and other appellants were convicted by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur, in Special Sessions (POCSO) Case No. 36/2020. This conviction was subse...
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Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

The Supreme Court of India quashed criminal proceedings against the Appellant, finding that the alleged sexual assault and unnatural sex charges under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC were not established. The Court held that the relationship was consensual, not based on a false promise to marry, and the complaint was likely motivated by a "disgruntled state of mind". The case fell under categories for quashing criminal proceedings to prevent abuse of process of law. Facts Of The Case: This appeal arises from the dismissal of Amol Bhagwan Nehul's petition to quash Criminal Case C.R. No. 490/2023, registered on July 31, 2023, for alleged offenses under Sections 376, 376(2)(n), 377, 504, and 506 IPC. The Complainant, Respondent No. 2, alleged that the Appellant forci...
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Supreme Court Directs Faster Resolution for Temple Disputes in Mathura & Vrindavan
25May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Faster Resolution for Temple Disputes in Mathura & Vrindavan

The Supreme Court ruled on the appointment of temple receivers under Order XL Rule 1 CPC, emphasizing that advocates should not routinely manage religious institutions due to potential conflicts of interest. It directed courts to appoint administrators with religious and administrative expertise while prioritizing expedited dispute resolution. The Court also permitted the state to utilize temple funds for land acquisition under strict conditions, ensuring ownership remains with the deity/trust. The judgment reinforces judicial restraint in prolonged receiverships and aligns with Article 25(2) of the Constitution, allowing state intervention for public order and pilgrim welfare. Facts Of The Case: The case arose from a dispute over the management of Sri Giriraj Temple, Govardhan, Ma...
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Supreme Court Acquits Husband in Dowry Case under 498A IPC | Highlights Misuse of Dowry Prohibition Act, 1961
16May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Husband in Dowry Case under 498A IPC | Highlights Misuse of Dowry Prohibition Act, 1961

The Supreme Court acquitted the appellant under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, holding that vague and unsubstantiated allegations without specific instances or corroborative evidence cannot sustain a conviction. The Court emphasized that mere allegations of cruelty or dowry demand, unsupported by material particulars, fail to meet the legal threshold. It cautioned against the misuse of protective laws to rope in family members without concrete proof, reaffirming that prosecution must establish guilt beyond reasonable doubt. The judgment highlights the necessity of precise allegations and independent evidence in matrimonial offences. Facts Of The Case: The case revolves around allegations of dowry harassment and cruelty under Section 498A of...
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