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Showing posts with the label Justice

Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis

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Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis In a significant ruling, the Delhi High Court discharged a government school principal, Rekha Kakkar, in a 2016 case concerning the death of a student due to alleged negligence. This article delves into the legal aspects of the case, the reasoning behind the court's decision, and an explanation of the applicable legal provisions, specifically Section 251 of the CrPC and Section 304A of the IPC . Case Background: What Happened? The tragic incident occurred in a government school in Delhi's Kapashera area in 2016. A four-year-old student died after falling into a septic tank on the school premises, allegedly due to negligence. An FIR was registered under Section 304A (Death by Negligence) read with Section 34 (Common Intention) of the IPC against the school principal, a Junior Engineer (JE), a contractor, and a school maid. The charge sheet was filed on July 5, 2016 , and the Metropo...

Second Case Filed Against Director Ranjith for Sexual Assault

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Second Case Filed Against Director Ranjith for Sexual Assault Kerala police have registered a second sexual assault case against well-known film director Ranjith. This development follows a complaint by an aspiring male actor, bringing further attention to the issue of sexual misconduct in the Malayalam film industry. Details of the Second Complaint The latest complaint was filed in Kozhikode by an aspiring male actor who alleges that Ranjith sexually assaulted him in 2012. According to the actor, Ranjith had invited him to a hotel in Bangalore for an audition. During the audition, Ranjith allegedly forced the actor to strip naked and then sexually assaulted him. The actor, initially believing this was part of the audition process, realized the gravity of the situation the following morning when Ranjith offered him money. The actor later filed a formal complaint with the Director General of Police (DGP), which is now under investigation by a Special Investigation Team (SIT). Previous A...

SC Reiterates Bail as the Rule, Jail as the Exception

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SC Reiterates Bail as the Rule, Jail as the Exception The Supreme Court of India has once again underscored the principle that bail should be the rule, and jail the exception. This reiteration came in a recent ruling where the apex court granted bail to an accused, Prem Prakash, in a money laundering case. The court emphasized the importance of not using statements given by an accused under custody as admissible evidence, especially when such statements are made under duress or coercion.  Inadmissibility of Statements Under PMLA Custody The Supreme Court bench comprising Justices B.R. Gavai and K.V. Viswanathan ruled that any statement made by an accused under Section 50 of the Prevention of Money Laundering Act (PMLA) while in custody is inadmissible. The court stressed that an accused in custody cannot be considered to be acting with a free mind, and any statement made under such circumstances could be unsafe and unjust to be used against them. This ruling came in the context of ...

Haryana Judiciary Paper Leak: Delhi Court Convicts 3, Acquits 6

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Haryana Judiciary Paper Leak: Delhi Court Convicts 3, Acquits 6 In a significant development, the Rouse Avenue Court of Delhi has convicted three individuals, including the former Registrar (Recruitment) of the Punjab and Haryana High Court, in the 2017 Haryana Civil Service (Judicial Branch) examination paper leak case.  Conviction Details The convicted individuals are Dr. Balwinder Kumar Sharma, the former Registrar, and two aspirants, Sunita and Sushila. Dr. Sharma and Sunita received a sentence of five years in prison. Additionally, Sharma was fined ₹1,50,000, while Sunita faced a fine of ₹60,000. Sushila was released based on the period already served but was fined ₹10,000. Charges and Offenses The court found Dr. Sharma and Sunita guilty under Sections 120B (criminal conspiracy), 409 (criminal breach of trust by a public servant), 411 (dishonestly receiving stolen property) of the IPC, and Section 13(1)(d) of the Prevention of Corruption Act (PC Act). Sushila was convicted un...

Delhi HC Grants Bail in High-Profile Fraud Case Involving Rs 344 Crores

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Delhi HC Grants Bail in High-Profile Fraud Case  Involving Rs 344 Crores Issue of the Case The key issue in this case is whether V Hans Prakash, accused in a high-profile fraud involving the alleged transfer of Rs 344 crores worth of mutual funds and securities, is entitled to bail pending trial. The primary concerns include the sufficiency of the evidence, the necessity of custodial detention, and the flight risk of the accused. Facts of the Case Background: The Delhi High Court recently granted bail to V Hans Prakash, who was accused in a significant fraud case involving the fraudulent transfer of mutual funds and securities worth Rs 344 crores held by Dalmia Cements Bharat Ltd. This decision was rendered by Justice Amit Mahajan on August 7. Details of the Allegation: - Companies Involved: Dalmia Cements Bharat Ltd, and its subsidiaries OCL India Limited and Dalmia Cement East Ltd, which had mutual fund investments managed by Allied Financial Services Pvt. Ltd (AFSPL). - Fraudul...