Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023
The year 2022 has seen formation of multiple Constitution Benches and its hearings, wherein out of pending 498 Constitution Bench matters, 25
Hostile
Delhi High Court sets aside conviction 19 years after the verdict over lost Trial Court’s records
The conviction and sentence awarded to a man in 2003 for culpable homicide not amounting to murder has been set aside by the Delhi High Court more than 19 years after the appeal was filed, due to the persistent inability to locate or reconstruct the trial court record.
Del HC | Non-examination of a 4-year-old victim immaterial when scientific and circumstantial evidence prove the guilt of the accused
Delhi High Court: A Division Bench of Mukta Gupta and Mini Pushkarna, JJ. upheld the impugned conviction order considering the accused has
Whether victim under POCSO Act can be permitted to be cross-examined once she turns hostile? Kar HC answers
Karnataka High Court: M Nagaprasanna J. allowed the petition and quashed the impugned order and remitted the matter back to Sessions Judge
P&H HC | Prosecutrix who recorded allegations under S. 164 CrPC turned hostile during deposition before Court; Not enough reason to grant bail
Punjab and Haryana High Court: Avneesh Jhingan, J. dismissed the petition on the grounds discussed below. The facts of the case are
Kar HC | Rape victim denied compensation in light of turning hostile during trial
Karnataka High Court: Alok Aradhe, J. dismissed a petition filed under Articles 226 and 227 of the Constitution of India with respect
Bom HC | Even where victim turned hostile, conviction for rape upheld on basis of material corroboration of evidence
Bombay High Court: Sadhana S. Jadhav, J. dismissed an appeal filed against the Judgment of the Additional Sessions Judge whereby the appellant was
Prosecution can’t disown its witness unless declared hostile; ossification test comes into play only if documentary and other evidence doesn’t establish victim’s age
Bombay High Court: A Division Bench comprising of S.B. Shukre and S.M. Modak, JJ. allowed a set of criminal appeals filed against the
Prosecutrix turning hostile does not efface the evidence of sexual assault upon her; no conviction for false evidence in facts of the case: SC
Supreme Court: Navin Sinha, J. speaking for Ranjan Gogoi, J. and himself and K.M. Joseph, J. dismissed an appeal, which if not
Part of hostile witness’ testimony found trustworthy can be taken into consideration; man convicted for son’s murder on wife’s hostile testimony
Bombay High Court: A Division Bench comprising of B.R. Gavai and Sarang V. Kotwal, JJ. dismissed an appeal filed against the judgment