The single judge bench of Justice Moushumi Bhattacharya of the Calcutta High Court recently, in the case of X v. State of West Bengal (WPA 5441 of 2023) directed the West Bengal government to pay a compensation of Rs. 7 Lakh to a minor victim of trafficking and rape.

Facts of the Case:

The petitioner was 17 years of age at the time of filing the writ petition. The petitioner claims compensation under the National Legal Services Authority’s (NALSA) Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes-2018. The Petitioner was granted compensation of an amount of Rs. 1,25,000/- for rape and Rs. 25,000/- for sexual assault under the West Bengal Victim Compensation Scheme, 2017 on December 4, 2019. The petitioner challenged the order before DLSA which was dismissed vide order dated September 14, 2022, on the ground that the petitioner’s compensation was in accordance with the 2017 Scheme. The counsel appearing for the petitioner claimed compensation in accordance with the specific Scheme of the NALSA which provides for a minimum compensation of Rs. 4,00,000/- for an woman who is a victim of rape, and Rs. 7,00,000/- as the upper limit.

Order Review:

The court was of the view that the petitioner/victim before the court cannot be asked to wait until the funds are sanctioned by the State Government and reach the Judicial Department. The State hence was ordered to pay a sum of Rs.7 lacs to the petitioner within seven days from the date and file a compliance report in the form of an affidavit on the next date of hearing which is listed for 4th May, 2023. 

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JUDGMENT REVIEWED BY DIVYA SHREE GN

The division bench consisting of Justice Debangsu Basak and Justice MD Shabbar Rashidi of the Calcutta High Court on Wednesday, 3/05/2023, in the case of Farmuj Ali v. The State of West Bengal (C.R.A.129 of 2021),  set aside the conviction under Section 376 of IPC of a rape accused, on the ground that physical relationship between the appellant and the victim was consensual and the age of the victim was not conclusively established by the prosecution before the Trial Court.

Facts of the Case:

A written complaint was filed by the victim against the appellant claiming that she was raped several times by him and she became pregnant. On the basis of the complaint, an FIR was registered by the police against the accused under Section 417 (Punishment for cheating) and Section 376 (Punishment for rape) of IPC. The trial court convicted the appellant vide impugned judgment and order of sentence dated January 18, 2021. He filed an appeal before the High Court assailing the impugned judgment of conviction and order of sentence. The case of the prosecution was that the appellant on different dates at a particular village committed rape on the victim who was a minor aged about 13 years and as a result of which, she became pregnant. The victim in her deposition before the trial court submitted that there was a relationship between her and the appellant for 10 years. She further claimed that she was about 12-13 years old at the time of the incident of rape. In her cross-examination, the victim denied that she was 37 years old at the time of her deposition. She further acknowledged that she wished to marry the appellant and as such, she filed the case with ‘this story’. 

Judgment Review:

The Court observed that although the DNA Test Report proves that the appellant is the father of the victim’s child, the claim of rape cannot be corroborated by any other witness examined by the Prosecution. The court noted that the age of the victim was not conclusively established by the prosecution as it did not produce any birth certificate at the trial.  It further said that prosecution witnesses including relatives of the victim in unison stated that there was a relationship between the victim and the appellant. The bench observed that the testimony of the victim and her subsequent conduct does not inspire the confidence of the court. “In view of the discussions above, the first issue is answered in the negative and in favour of the appellant. The second issue is answered by holding that the prosecution failed to establish the age of the victim at the time of the incident,” the court said. The Court opined that it is trite in law that when two views are possible then the one favoring the accused should be accepted. The court held that the charge as against the appellant was not proved beyond reasonable doubt. “We, therefore, set aside the impugned judgment of conviction and the order of sentence and acquit the appellant of the charge framed,” it said.

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JUDGMENT REVIEWED BY DIVYA SHREE GN

The Madras High Court passed an judgement on 26^th of April, 2023 in which it upheld the cancellation of Customs Duty Exemption Certificate earlier issued to Apollo Hospitals by the required authorities. This was seen in the case of M/s. Apollo Hospitals Enterprises Ltd., and Anr. v. The Union of India and Ors. (W.P.Nos.17899 & 17900 of 2010, 418 & 419 of 2011 and M.P.No.1 of 2010 and M.P.No.1 of 2011) and the case was presided over by The Honourable Mr. Justice S. M. Subramaniam

FACTS OF THE CASE:

The petitioners, had imported various medical equipment between 1985 and 1993 and had claimed an exception from the Customs Duty that they were supposed to pay. They were required to follow some procedures and comply with some rules for the same with respect to their practices.

The Director General of Health Services later brought about some modifications so as to overcome some medical deficiencies. The hospitals were found not following the same and thus their exemption was revoked. Hence this petition.

JUDGEMENT:

The petitioners contended that there is no record to show non-compliance and that they have indeed complied with the requirements. The learned single judge after listening to the contentions, held that the petitioner hospital failed to prove that they treated 40% of their outdoor patients in the hospital, where the imported medical equipment is installed.

The petitioner hospital also failed to establish that 10% of all the hospital beds are reserved for patients who receive free treatment in the hospital where the imported medical equipment was installed. Thus, the court upheld the cancellation of Customs Duty Exemption Certificate earlier issued to Apollo Hospitals by the required authorities.

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JUDGEMENT REVIEWED BY SWETA SHOUMYA

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The Madras High Court passed an judgement on 5^th of May, 2023 in which it directed the Bar Council of Tamil Nadu to initiate disciplinary action against lawyers who are conducting marriages all over the State by issuing fake certificates. This was seen in the case of Ilavarasan v. The Superintendent of Police and Ors. (H.C.P.(MD)No.560 of 2023) and the case was presided over by The Honourable Mr. Justice M. Dhandapani and The Honourable Mr. Justice R. Vijayakumar

FACTS OF THE CASE:

The petitioner, Ilavarasan, filed a writ petition seeking an issue of a Writ of Habeas Corpus to direct the respondents to produce the body or person of detenu by name Mathithra, aged 21 years wife of the petitioner before the Court and set her at liberty. The petitioner contended that the detenu and him had fell in love and because the former was a minor, they decided to wait to get married.

Within this period her parents forced her into a child marriage against her will. The marriage is voidable at the option of the detenu and she opposed it and thus it is void. A special marriage was conducted in the presence of Advocates and office bearers of the Trade Union, under Section 7-A of the Hindu Marriage Act, 1955 and it is perfectly a valid marriage. She was again taken back to her maternal home. Hence this petition.

JUDGEMENT:

The learned bench after listening to the contentions, questioned the validity of such marriages. With precedents, they held that marriages performed by the Advocates are not valid and disciplinary action is to be initiated against those Advocates. The court further directed the Bar Council of Tamil Nadu to initiate disciplinary action against lawyers who are conducting marriages all over the State by issuing fake certificates. Thus, there was no case of illegal detention and the petition was dismissed.

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JUDGEMENT REVIEWED BY SWETA SHOUMYA

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