Top Legal Headlines - 13th February, 2021

NATIONAL NEWS SUMMARIES

1. Delhi HC grants bail to the accused whose name was tattooed on the forearm of the prosecutrix

• In the case of Sanjay v. State, the Delhi High Court granted bail to the accused whose name was tattooed on the forearm of prosecutrix.
• The accused was alleged to have forcefully made the tattoo on the forearm of the prosecutrix when she was held in captivation.
• The Court held that tattoo making is an art and it could not be made when there was resistance. 'It is not everybody's job and it is also not the case of the prosecutrix that the petitioner had anything to do with the tattoo business', the Court held.
• Therefore, the accused was granted bail.

2. 5 year old victim is aware of what a bad or good touch is

• A Mumbai based special POCSO court ruled that irrespective of the gender or age of the victim, it should be believed that the victim is aware of the difference between a bad and a good touch.
• Therefore, the accused was denied bail.
• 'The victim being a small girl, it cannot be said that she is not aware about good touch or bad touch', the Court held.

3. Consent by majority of unit holders to wind up Franklin Templeton's 6 schemes

• It was held by the hon'ble Supreme Court that a majority of votes given by the unitholders for the winding of the 6 schemes of Franklin Templeton is sufficient.
• Therefore, the objection to the poll results was rejected by the Apex Court.
• This ruling was given by a Bench comprising of Justice S. Abdul Nazeer and Justice Sanjiv Khanna.

4. Accused can't be saddled to pay victim compensation: Jharkhand HC

• In the case of Sumit Kumar Shaw & Ors v. State of Jharkhand & Anr, the Jharkhand HC held that when the crime of the accused is yet to be proved, that person cannot be asked to pay compensation to the victim.
• It was held that the court cannot decide the amount to be paid to the victim under Section 357A CrPC, but can only recommend.
• Such a recommendation by the Court can be made at any stage of the trial , it conclusion or during the grant of bail .

5. Grant of leave contemplated under Section 320(5) CrPC is not automatic: Supreme Court

• In the case of two police officers accused of custodial violence which led to the death of a man, the Supreme Court held that offences of them both cannot be compounded even if a settlement happened between the accused and the victim.
• 'No composition for the offence shall be allowed without the leave of the court', the Court held.

INTERNATIONAL NEWS SUMMARIES

1. Release of more than 23000 prisoners by the Myanmar Government

• There was a mass release of more than 23000 prisoners that took place in Myanmar Military Government.
• Various leaders and lawyers are concerned that this move may be happening to make room for the detention of political prisoners in the future.
• After the military coup of 1st February, the nation has witnessed widespread protests.

2. Reintroduction of Bill to offer refuge to Hong Kong protesters

• A group of US Senators reintroduced a bill to help people of Hong Kong to get refuge in the US.
• The bill aims to ensure that those who protested peacefully against Beijing become eligible for Priority 2 Refugee Status.
• It also aims to waive the immigration intent as a factor for the non-immigrant visas.