The Supreme Court has issued notice on Meghalaya government s petition challenging an order of the State s High Court, whereby quantum of punitive compensation payable by the government for custodial.
The Allahabad High Court on Thursday held that while invoking judicial precedents to decide a case with similar facts and circumstances, it was important to understand the relationship between logic.
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The Tripura High Court on Thursday held that the conviction of an accused only on the basis of presumption under sec. 29 and 30 of the POCSO Act would offend Art. 20(3) [No person accused of any offence shall be compelled to be a witness against himself] and Art. 21
[Right to Life] of the Constitution of India. Noting that such presumption would be lead up to the prosecution commencing the trial with an added advantage , a Division Bench comprising of
Chief Justice Akil Kureshi and Justice Arindam Lodh observed thus: Upon meticulous reading of Section 29 and 30 of the POCSO Act, according to us, prosecution will commence the trial with an additional advantage that there will be presumption of guilt against the accused person, but, in our considered view, such presumption cannot form the basis of conviction, if that be so, it would offend Article 20(3) and 21 of the Constitution of India. Perhaps, it is not the object of the legislature to incorporate Se