Most Important Judgments December 2021 Part 1 | Judicial Service Exam

Table of Contents

Phool Singh vs State of Madhya Pradesh

CORAM

OBSERVATION

The Supreme Court reiterated that a rape accused can be convicted on sole testimony of prosecuterix if she is found to be credible and trustworthy.

Neha Tyagi vs Lt. Col Deepak Tyagi

CORAM

OBSERVATION

The court said that the husband cannot be absolved from his liability and responsibility to maintain his son till he attains the age of majority.
“Whatever be the dispute between the husband and the wife, a child should not be made to suffer. The liability and responsibility of the father to maintain the child continues till the child/son attains the age of majority.

Taijuddin versus State of Assam

CORAM

OBSERVATION

Setting aside the conviction of a person in a murder case, the Supreme Court recently held that merely because a person revealed the hideout of the victim to the murderous mob, he cannot be presumed to share the common object of the unlawful assembly.
“The only evidence of his involvement is that he pointed to the house where the victim was hiding. Given that a mob fully armed was hunting for him, the appellant at best can be said not to be brave enough to conceal the deceased , but that by itself cannot rope in the appellant under Section 149 of the IPC”, the Court observed.

Ashok v State of Madhya Pradesh

CORAM

OBSERVATION

The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case.
The bench observed that if the Court finds a person to be a juvenile on the date of commission of the offence, it is to forward the juvenile to the Board for passing appropriate orders, and the sentence, if any, passed by a Court, shall be deemed to have no effect.

BHAGCHANDRA Vs STATE OF MP

CORAM

OBSERVATION

The bench while commuting the sentence of death penalty and converting it to rigorous imprisonment for 30 years, observed that,
Since the appellant comes from a rural and economic background and has no criminal antecedents, he cannot be called a hardened criminal and this was his first offence.

Budhadev Karmaskar v State of West Bengal

CORAM

OBSERVATION

The Supreme Court directed the State Governments and Union Territories to commence the process of issuance of ration cards/ Voters Identity cards immediately to sex workers.

Background

On July 19, 2011,a Committee was to advise on issues relating to the prevention of trafficking, rehabilitation of sex workers who wish to quit sex work and the conditions conducive for sex workers to live with dignity in accordance with Article 21 of the Constitution of India.

Recommendations Made By The Committee

The Committee had submitted an interim report on September 12, 2011 in which some of the recommendations were:
- Recognition of the legal status of the sex workers through official documents such as Voters Identity Card, Ration Card, Pan card etc
- Sex worker who is a citizen of this country should not be denied a voter identification card Admission of their children to government recognized schools.