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Showing posts with the label Calcutta High Court

Supreme Court Allows Collection of Voice Samples from Witnesses — Not Just Accused Persons

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In a significant development that clarifies an important aspect of criminal procedure, the Supreme Court of India has ruled that a court can order voice sample collection not only from the accused but also from witnesses , if such evidence is necessary for a criminal investigation. The ruling further strengthens the scope of forensic evidence admissibility while ensuring that such orders do not violate the constitutional protection against self-incrimination. Voice Samples Do Not Amount to Self-Incrimination A bench comprising Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran observed that the act of furnishing a voice sample does not violate Article 20(3) of the Constitution, which protects an accused person from being compelled to be a witness against themselves. The bench clarified that providing a voice sample falls in the same category as submitting fingerprints, handwriting, or signature specimens , none of which amount to testimonial compulsion. Quoti...

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

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  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...

Supreme Court Overturns Controversial Calcutta HC Judgement on Adolescent Sexual Urges

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Supreme Court Overturns Controversial Calcutta HC  Judgement on Adolescent Sexual Urges In a significant ruling, the Supreme Court has set aside a controversial judgement by the Calcutta High Court, which advised adolescent girls to "control their sexual urges." The SC has restored the conviction under rape charges against a man accused of sexually assaulting a minor, with whom he later entered into a marriage.  SC Restores Rape Conviction A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan reversed the Calcutta High Court's acquittal of the accused, emphasizing that the High Court's observations on adolescent behavior were "problematic" and "highly objectionable." Guidelines for Judges on Writing Judgments In a critical move, the Supreme Court also issued guidelines for judges on how to draft judgments in cases involving adolescents, ensuring that personal biases and unwarranted opinions do not influence the judicial process.  Calcutta HC’s ...

CJI Chandrachud Suggests Continuation of Judicial Work Despite Bar Member's Demise

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CJI Chandrachud Suggests Continuation of Judicial Work Despite Bar Member's Demise Chief Justice of India (CJI) DY Chandrachud has proposed reconsidering the practice of ceasing judicial work for the rest of the day when a member of the Bar passes away. His suggestion came during the bicentennial celebrations of the Bar Library at Calcutta High Court. Re-thinking Judicial Work Stoppage CJI Chandrachud emphasized the importance of maintaining judicial work despite the unfortunate demise of Bar members. He highlighted that while respecting the deceased is essential, the broader societal impact of halting judicial proceedings should also be considered. "Should we be ceasing work because a member of the Bar has passed away? Of course, we respect our friends, our colleagues, and our seniors; sometimes, unfortunately, they are our peers who have passed away untimely. Do we need to affect the wider society at large?" he questioned. Personal Experience Sharing his personal experi...