Gauhati High Court Upholds Conviction, 15-Year Imprisonment Of Son Found Guilty Of Mother's Rape

The Gauhati High Court has upheld the conviction of a man for rape of his mother, holding that the Supreme Court's observations on incestuous sexual violence requiring an "unsparing judicial response" would apply to the present case.A Division Bench of Justice Michael Zothankhuma and Justice Budi Habung observed, "In the present case, the perpetrator of the crime is the 33 year old son, who...

Gauhati High Court Quashes Defamation Case Against Asomiya Pratidin's Chief Editor, Printer And Publisher

The Gauhati High Court quashed criminal defamation proceedings against the Chief Editor and the Printer and Publisher of Asomiya Pratidin, taking note of the complainant's stand that the publication had not spoiled his reputation in society.Justice Shamima Jahan observed, “The first exception to section 499 IPC provides that it will not be defamation to impute anything which is true...

Mental Disability Alone Doesn't Establish Woman's Incapacity To Give Valid Consent: Gauhati High Court Sets Aside Rape Conviction

Court held specific expert evidence is required to establish if victim was incapable of understanding consequences.

Brutality Of Crime Alone Can't Justify Death Penalty: Gauhati High Court

The Gauhati High Court has held that brutality of a crime alone cannot justify confirmation of a death sentence and that capital sentencing must also consider whether the accused is capable of reformation before holding that life imprisonment is unquestionably foreclosed.A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed,"...the sentencing must be...

Courts Can Interfere With Expert Answer Key If It Is 'Palpably Erroneous'; Candidate Can't Be Penalised For Ambiguous Question: Gauhati High Court

The Gauhati High Court has held that judicial review is permissible where an answer key prepared by experts is shown, on the basis of authoritative and indisputable material, to be palpably erroneous, and that a candidate cannot be penalised for ambiguity in a question framed by the examining authority.Justice Kaushik Goswami observed, "However, such deference is not absolute. Where it is demonstrated on the basis of authoritative and indisputable material that the answer key is palpably...

No Fundamental Right To Gun License; Employment Need Doesn't Entitle Person To Renewal: Gauhati High Court

The Gauhati High Court has held that there is no fundamental right to obtain or renew a gun license, observing that a license under the Arms Act, 1959 is only a statutory privilege.A single judge Bench of Justice Sanjay Kumar Medhi made the observation while dismissing a plea by three persons who claimed that expiry of their gun licenses had rendered them jobless as the licenses were required...

Gauhati High Court Stays Recruitment To Assam State Consumer Commission, Says Process Prima Facie Contrary To SC Directions

The Gauhati High Court has stayed the recruitment process for appointment to the post of Non-Judicial Member of the Assam State Consumer Disputes Redressal Commission, holding that the selection process appeared, prima facie, to have been initiated in breach of directions issued by the Supreme Court concerning the Consumer Protection Rules, 2020.Justice Kaushik Goswami passed the interim order...

Trial Court Can Rely On Accused's Plea Of Guilt Recorded At Charge Stage Even After Full Trial: Gauhati High Court

The Gauhati High Court has held that an accused's plea of guilt recorded at the stage of framing of charge does not lose its evidentiary value merely because the Trial Court proceeds to record evidence before deciding the case.A Division Bench of Justice Michael Zothankhuma and Justice Rajesh Mazumdar observed, "Section 229 Cr.P.C provides that if the accused pleads guilty during framing...

Two-Finger Test Violates Rape Survivors' Privacy, Dignity And Physical & Mental Integrity: Gauhati High Court

The Gauhati High Court has upheld the conviction and 20-year sentence imposed on a man under the Protection of Children from Sexual Offences (POCSO) Act for repeatedly raping his adopted daughter, while expressing surprise that a doctor conducted a two-finger test on the survivor despite Supreme Court decisions on the issue.A Division Bench of Justice Michael Zothankhuma and Justice...

'Advice' To Pay Cheque Amount Is Legally A Demand If Notice Clearly Seeks Payment: Gauhati High Court

The Gauhati High Court has held that a statutory notice issued under Section 138 of the Negotiable Instruments Act, 1881 need not expressly use the word "demand" to satisfy the legal requirement. A notice advising or requesting the drawer to pay the cheque amount would be sufficient if, read as a whole, it clearly conveys the requirement to make payment.Justice Sanjeev Kumar Sharma made...

Gauhati High Court Upholds Amendment To Arunachal Pradesh Police Rules Aimed At 'Equitable Distribution' Of Promotion Opportunities

Upholding the constitutional validity of Rule 5(1)(b) of Arunachal Pradesh Police Service (Amendment) Rules 2025, the Gauhati High Court held that allocating promotional quota to Arunachal Pradesh Police Service (Entry Grade) based on sanctioned strength of Inspectors in three feeder cadres does not violate Articles 14 and 16 of the Constitution.The Rules fix the promotional quota for the...

Nominating Another Woman As 'Wife' In Records Can't Override Legally Wedded Wife's Right To Family Pension: Gauhati High Court

The Gauhati High Court has held that a legally wedded wife of a deceased government employee cannot be denied family pension merely because the employee had nominated another woman as his “wife” in the pension records. A Single Bench of Justice Kaushik Goswami was hearing a writ petition filed by Shibani Dutta, whose husband, late Sankar Dutta, a retired government employee, had...