1. Jodhpur Sanchita @ Shilpi v. State [Rajasthan High Court]
Penal Code, 1860 - Ss. 342, 354-A, 370(4), 376(2)(f), 376D, 506, 509/34, 109/120-B- Juvenile Justice (Care and Protection of Children) Act, 2015 - Ss. 23 & 26 - Protection of Children from Sexual Offences Act, 2012 - Ss. 5(f), 5(g), 6, 7, 8 r/w. 17 - the prosecutrix, a 12 th Standard student - applicant-appellant, who was working as Warden of the hostel, where the prosecutrix was residing - convicting and sentencing the applicant-appellant for the offence punishable under Section 376D IPC, Sections 5(g)/6 and 17 of POCSO Act.
It is argued that a woman cannot commit rape and therefore, she certainly cannot be convicted for commission of gang rape because woman cannot be said to have an intention to commit rape. The prosecution story is that the applicant-appellant was in regular contact with accused - Asharam through mobile phones possessed by accused - Shiva and Prakash, however, the trial court acquitted both the above mentioned accused while concluding that the prosecution has failed to establish their link with the commission of crime on the basis of mobile phones possessed by them. The trial court in para No.458 of the impugned judgment has also observed that there is no direct evidence available on record, which suggests that the applicant-appellant sent the prosecutrix to Asharam, so that he could sexually assault her but has held that on the basis of ocular and the circumstantial evidence, it can be inferred that the applicant-appellant had sent the prosecutrix to Asharam, so that he could assault her sexually. However, the ocular and circumstantial evidence, on which the trial court has placed reliance require consideration in detail. Taking into consideration the above facts and circumstances of the case, this Court feels that the challenge of the applicant-appellant to her conviction for the offence punishable under Section 376D IPC, Section 5(g) and 17 of the POCSO Act and under Section 370(4)/120 IPC is based on strong grounds. Having regard to the fact and circumstances of the case and the fact that the applicant-appellant is a young lady, she was granted bail during trial and it is not reported that she misused the conditions of the bail, I consider it just and proper to suspend the substantive sentence awarded to the applicant-appellant.
2. Swami Ramdev v. Juggernaut Books Pvt. Ltd. [Delhi High Court]
The petitioner about whom the BOOK is written about is living human being and thus entitled to be treated with dignity and has a right of social reputation as an ordinary citizen even if he be a public figure, and as reputation is a cherished value and an element of personal security, portions of the BOOK which make readers think that he is an ambitious villain, until so proved in the Court of Law are necessarily to be restrained from being published and distributed for sale till disposal of the suit bearing no. 619/2017 pending before the learned ACJ-CCJ-ARC(E), Karkardooma Courts, Delhi. This is so as the right to reputation of a living individual under Article 21 of the Constitution of India cannot be sacrificed and crucified at the altar of the right to freedom of speech and expression of another and both have to be harmonized and balanced in as much as no amount of damages can redeem the damage to reputation of any person and merely because there have been previous publications on the same issue, the same does not permit any repetitions of prima facie defamatory insinuations against him. All the respondents are restrained from publishing, distributing and selling the BOOK i.e. "Godman to Tycoon" The Untold Story of Baba Ramdev, ISBN No. 9789386228383 in any manner, until they delete of content that portrays him as ‘Ambitious Villain’.
3. Villagers Of Village Janglote v. Financial Commissioner [Jammu & Kashmir High Court]
Procedural laws are enacted to advance the cause of justice. Procedural laws cannot be permitted to assume the shape of phantom, who will devour the angel of justice. Procedural laws are made to ensure that justice is done fairly and objectively.
Comments
Post a Comment