Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Shamima Jahan
Gaurav Upadhyaya, S/O- Late Shyam Sundar Upadhya – Appellant
Versus
State Of Assam Rep. By The Pp – Respondent
| Table of Content |
|---|
| 1. overview of case background and procedural history (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding jurisdiction and absence of accused (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. analysis on jurisdiction and presence required during framing of charge (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. conclusion dismissing the petition (Para 35) |
JUDGMENT :
SHAMIMA JAHAN, J.
This is an application filed under Section 528 of the BNSS 2023 read with Article 227 of the Constitution of India, challenging the exercise of power by the learned Session Judge, Karbi Anglong, Diphu in hearing POCSO case being POCSO Case No. 37/2021 registered under Section 345 /345A of the IPC read with Section 10 of Protection of Children from Sexual Offences Act, 2012 (herein after shortly as POCSO Act) as well as challenging the order dated 18.06.2025 passed by the learned Session Judge, Karbi Anglong, Diphu by which the charge was framed against the accused person. The petitioner has also challenged the order of framing charge on the additional ground that the learned Session Judge, Karbi Anglong, Diphu framed the same in absence
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
