Adv. Chinmay Jawale

The Uttarakhand High Court recently quashed pending criminal proceedings against a man who was accused of raping a woman on the false promise of marriage. The court found that there was no evidence to support the woman's claim of rape, and that the relationship between the two was consensual. The court also noted that the woman had filed the rape complaint several years after the alleged incident, and that her delay in doing so was suspicious. The court further found that the woman had not suffered any physical or mental injuries as a result of the alleged rape. In light of these findings, the court quashed the criminal proceedings against the man and directed the police to close the case. Here are some key points from the judgement: - The Uttarakhand High Court quashed pending criminal proceedings against a man who was accused of raping a woman on the false promise of marriage. - The court found that there was no evidence to support the woman's claim of rape, and that the rela...

In India, the elderly are traditionally respected and cared for by their children. However, in recent years, there has been an increase in cases of neglect and abuse of senior citizens. This is due to several factors, including the breakdown of the joint family system, the increasing urbanization of the population, and the rising cost of living. In response to this, the Indian government passed the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Act provides for the maintenance and welfare of senior citizens, and it also defines the obligations of children and relatives to maintain their senior citizens. The Act applies to all citizens of India, whether they are living in India or outside of India. Who is a senior citizen? The MWPS Act defines a senior citizen as a person who has attained the age of 60 years or above. The Act also defines a parent as a father or mother of a person. Who are children and relatives under the Act? The Act defines "chil...

Anticipatory bail is a legal provision that allows a person to seek relief from arrest before being charged with a crime. It is granted by a court when the person has a reasonable apprehension of being arrested on an accusation of having committed a non-bailable offence. Anticipatory bail is a preventive measure to protect the liberty and dignity of the person, and to prevent misuse of the power of arrest by the police or other authorities. In this blog post, we will look at 10 landmark judgements on anticipatory bail in India, and how they have shaped the law and practice of this provision. 1. Gurbaksh Singh Sibbia vs State of Punjab (1980): This is the first and most important case on anticipatory bail in India. The Supreme Court laid down the guidelines and principles for granting anticipatory bail, and held that it is not an extraordinary remedy, but a part of the general law of bail. The court also held that anticipatory bail can be granted for any offence, except those punishable...

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is an Indian legislation that defines and penalizes sexual offenses against children. It also provides for the establishment of special courts and child-friendly procedures for the trial of such cases. The POCSO Act was enacted in response to the growing number of cases of child sexual abuse in India and is considered to be a landmark piece of legislation in the fight against child sexual abuse. Here are some of the top 10 landmark judgments in POCSO Act with citation: 1. Jarnail Singh v. State of Haryana (2013) - The Supreme Court held that the POCSO Act is a special law and takes precedence over the Indian Penal Code (IPC) in cases of sexual offences against children. [Citation: Jarnail Singh v. State of Haryana, (2013) 10 SCC 419] 2. State of Karnataka v. Shivanna  (2014) - The Supreme Court held that the POCSO Act does not require recording every statement made under Section 164 of the Code of Criminal Proced...