Thorat & Associate's

The Bombay High Court on Friday upheld the judgment of a Sessions Court convicting the Appellant Gourav Narendra Singh in sexual assault case. A single-judge bench of Justice Revati Mohite Dere passed this order while hearing a criminal appeal filed by the appellant challenging the judgement passed by Additional Sessions Judge S.Q. Pathan on March 29 2017. The Court held that no fault can be found in the impugned judgment and order of conviction and sentence. Therefore, the Court dismissed the appeal. The appellant was convicted for the offence punishable under Section 376 of the Indian Penal Code, to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.2,00,000/. He was also convicted for the offence punishable under Section 506 of IPC to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.50,000/-, in default of payment of fine, to suffer further rigorous imprisonment for 3 months. The appellant is the cousin brother of the prosecutrix, who was aged 13 y...

The Kerala High Court on Friday directed the marriage officer and sub-registrar, Varkala to solemnize and register the marriage, irrespective of the fact that the bridegroom is a foreign citizen. Petitioner Yamuna P.J. informed the court that notice under Section 5 of the Special Marriage Act, 1954 was submitted before the Sub-Registrar, Varkala on March 3, 2021 for solemnization and registration of marriage with one Ajit Kumar, who is a British citizen. The petitioner apprehends that since one of the parties is a foreign citizen, the Marriage Officer would not proceed with the application. A Single-Judge Bench of Justice P.V. Asha while considering the petition observed that the issue is covered by the judgment of the Kerala High Court in Vivan Varghese v. State of Kerala [2015 (3) KLT 21] where a similar case was considered when an Indian citizen wanted to marry a Finnish citizen. The bench while referring the Judgement of the High Court in Rajeev v. State of Kerala [2001 (1) KLT ...

In an unusual and interesting precedent, a Delhi court has handed the responsibility of being a local commissioner to the youngest advocate present in the courtroom in a matter concerning raids on advocate Mehmood Pracha with regards to the seizure of certain data in connection with the 2020 Delhi riots. Additional Sessions Judge Dharmendra Rana passed the said directions while hearing a revision petition filed by advocate Mehmood Pracha challenging the trial court order turning down his plea against the second raid conducted on his office to seize certain data regarding the riots that occurred in North-east Delhi in February 2020. “Ms Avneet Kaur, advocate, who is the youngest counsel present in the court and is appearing before this court in case title…. is appointed a local commissioner in the instant matter,” said ASJ Rana while fixing the matter for further hearing on April 27. “Concerned Investigative Officer shall coordinate with the Local Commissioner and shall visit the off...

The Supreme Court on Friday pulled up the Madhya Pradesh Director General of Police (DGP) for his failure to comply with its March 12 order to arrest BSP MLA Rambai Prajapati’s husband Govind Singh. Singh is accused of the 2019 murder of Congress leader Devendra Chaurasia in Damoh, Madhya Pradesh. The Court has listed the matter for further hearing on April 5, 2021. The bench of Justices D.Y. Chandrachud and M.R. Shah noted that despite clear directions in the March 12 order, the Madhya Pradesh police have not been able to apprehend and arrest the accused. The MP DGP had filed an affidavit that despite efforts, police have not been able to apprehend and arrest the accused. The apex court termed the affidavit filed by MP DGP completely “unacceptable”.  “It defies reasons as to how an accused, who is the spouse of a sitting Member of the Legislative Assembly has not been arrested despite being arraigned in pursuance of the provisions of section 319 of the Code of Criminal Procedure...

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Supreme Court judge Justice N.V. Ramana has said the Centre and states must come together and create a National Judicial Infrastructure Corporation so that modernization of judicial infrastructure is not hostage to financial constraints. Justice Ramana was speaking at the new High Court of Bombay in Goa. Chief Justice of India S.A. Bobde inaugurated the new building for the Bombay High Court at Goa in the presence of Justice Ramana, Justice B.R. Gavai, Bombay High Court Chief Justice Dipankar Datta and Bombay High Court judge Justice S.S. Shinde, Union Law Minister Ravi Shankar Prasad and Goa Chief Minister Pramod Sawant. Highlighting India’s insufficient judicial infrastructure, Justice Ramana said we have seen courts operating from dilapidated old structures and rented premises, without proper record rooms or even staff. There are premises without washrooms, waiting rooms, creche services, or disabled friendly infrastructure for litigants and lawyers. “Situations like this have a...

The Madhya Pradesh High Court on Friday while disposing of a petition held, “Since the appeal is already pending before the authority concerned, simultaneously proceedings by way of the writ petition is not permissible.” The petitioner, R.S. Gautam, filed the writ aggrieved by the order of suspension dated January 25, 2021. His counsel, K.K. Gautam stated that the petitioner has filed an appeal before the competent authority but till date, the same has not been decided. Manoj Kushwaha, counsel for the State, has stated that simultaneous proceedings are not permissible. Since the petitioner has already filed an appeal, he may be directed to pursue the same. A single-judge bench of Justice Nandita Dubey after hearing the submission of the parties held, “The order of suspension is appealable and an appeal has already been filed by the petitioner before the authority concerned. Since the appeal is already pending before the authority concerned, simultaneously proceedings by way of writ...