Latest news with #SanjeevNarula
Time of India
3 days ago
- Time of India
HC grants relief to man facing extradition for theft in Thailand
New Delhi: An Indian citizen fearing arrest or extradition for committing an offence abroad can seek anticipatory bail, has said, granting relief to a man facing extradition proceedings for alleged theft in Thailand. Tired of too many ads? go ad free now Justice Sanjeev Narula, in a recent order, said the man remained accessible and demonstrated his willingness to cooperate with the inquiry. He added that the extradition request could be processed within the statutory framework without forfeiting his right to personal liberty. "Since the alleged offence occurred in Thailand, there is hardly any possibility of the petitioner tampering with evidence or intimidating any witness.... It must be noted that pursuant to the directions of this court, he submitted his passport to the custody of the registrar of this court," the court said. The court said he could be subjected to a conditional order under Section 438 instead of a custodial interlude. "Section 438 of the CrPC is not merely a statutory remedy; it is a procedural safeguard flowing directly from the constitutional command that no person shall be deprived of liberty except by just, fair, and reasonable procedure established by law," the court observed. The court was hearing the plea of Shankesh Mutha challenging a trial court's order rejecting his anticipatory bail plea under BNS read with the Extradition Act. The plea said Mutha worked at a firm in Bangkok in 2013 and returned to India after eight years. However, the company filed a complaint against him in 2021, alleging that he stole eight diamonds worth around 15.16 million baht (Rs 3.89 crore) and fled. The Southern Bangkok Criminal Court issued an arrest warrant, and Thai prosecutors commenced extradition efforts. The high court found merit in Mutha's submission of not having knowledge about any criminal proceedings. "The petitioner has joined the inquiry... and there is no allegation of non-compliance or obstruction on his part," the court said.
NDTV
02-07-2025
- NDTV
Delhi High Court Grants Pre-Arrest Bail To Man Facing Theft Charges In Thailand
New Delhi: The Delhi High Court has granted anticipatory bail to a man facing extradition proceedings for alleged theft in Thailand. Justice Sanjeev Narula said the man had remained accessible and consistently demonstrated his willingness to cooperate with the inquiry. The pending extradition request could be processed effectively within the statutory framework without forfeiting his right to personal liberty, the court added. "Since the alleged offence occurred in Thailand, there is hardly any possibility of the petitioner tampering with the evidence or intimidating any witness. As regards the petitioner being a flight risk, it must be noted that pursuant to the directions of this court, he has submitted his passport in the custody of the registrar of this court, thereby reducing his likelihood to abscond," the order passed on July 1 read. In order to minimise flight risk, the court said, he could be subjected to a conditional order under Section 438 instead of a custodial interlude, which served no compelling public purpose. The court held that an Indian citizen who apprehended arrest in India for committing an offence abroad was not stripped of the protection under Article 21 of the Constitution. "Section 438 of the CrPC is not merely a statutory remedy, it is a procedural safeguard flowing directly from the constitutional command that no person shall be deprived of liberty except by just, fair, and reasonable procedure established by law," the order said. It observed that the Extradition Act contained no prohibition on grant of pre-arrest bail and to read such a prohibition into the statute would amount to judicially engrafting a limitation that the legislature, in its wisdom, chose not to impose. One Shankesh Mutha challenged a trial court's order rejecting his anticipatory bail plea filed under BNSS read with the Extradition Act. The plea said Mutha joined Flawless Co. Ltd., an entity based out of Bangkok in Thailand in 2013 and returned to India after completing eight years. The company filed a complaint against him in 2021 alleging that he stole 8 diamonds worth around 15.16 million baht (Rs 3.89 crore) and fled to India. Following a criminal complaint, the Southern Bangkok criminal court Thailand issued an arrest warrant and Thai prosecutors commenced the extradition efforts. In India, the proceedings started before the Patiala House courts in the capital. The high court prima facie found merit in Mutha's submission of not having knowledge about any criminal proceedings initiated against him in Thailand upon his return to India. "Be that as it may, till now, he has not been taken into custody and has continued to appear voluntarily before the magistrate, conducting the inquiry under the Extradition Act," the court noted. It further pointed out the absence of any convincing material suggesting Mutha was a flight risk, or that he was likely to tamper with the evidence or impede the judicial process. On the contrary, his conduct reflects a readiness to cooperate, it said. The court set aside the order refusing anticipatory bail to Mutha and granted him the relief on certain conditions. "The petitioner has joined the inquiry proceedings before the magistrate and there is no allegation of non-compliance or obstruction on his part. Thus, in the prima facie opinion of this court, the petitioner has demonstrated bona fide intent to co-operate in the inquiry proceedings," the court said. Justice Narula said while the Extradition Act was a special legislation designed to give effect to India's international obligations in criminal justice cooperation, its specialised purpose couldn't be invoked to eclipse the general law's foundational safeguards, especially the ones constitutionally rooted, in the absence of an express legislative exclusion.
Time of India
12-06-2025
- Time of India
HC upholds 12-yr jail term for man convicted of raping elderly woman
New Delhi: Delhi High Court has upheld the 12-year jail sentence of a man convicted of raping a 60-year-old woman, finding her testimony "cogent, consistent, and free from material embellishments." Justice Sanjeev Narula, in a recent order, observed that the survivor's account remained "unshaken under the rigour of cross-examination" and suffered from no material infirmity that would warrant rejection. "Her testimony inspires confidence and stands as a credible and trustworthy narrative of the incident," the court said. Rejecting the convict's plea for a reduced sentence, the HC noted that the crime was committed under grave circumstances—against a vulnerable survivor, and while the accused—24-year-old man at the time of crime—was in an inebriated state. "The sentence awarded by the trial court is neither excessive nor disproportionate. Rather, it is commensurate with the seriousness of the crime and the circumstances under which it was perpetrated," the court ruled. According to the prosecution, the incident took place in June 2017 when the accused forcibly entered the survivor's shanty during the early hours, gagged her, and committed the assault. Although the accused denied the charges and claimed inconsistencies in the survivor's version, the court held that her testimony alone was sufficient to sustain the conviction. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo Referring to established jurisprudence, the court reiterated that in cases of sexual assault, a survivor's sole testimony can be the basis for conviction if found to be credible and of "sterling quality". In this case, the court said, the woman's version not only withstood judicial scrutiny but was also corroborated by medical evidence, expert testimony, and statements by the investigating officer. The consistent jurisprudence of the Supreme Court has underscored that in prosecutions relating to sexual offences, the solitary statement of the survivor, if it inspires the confidence of the court, requires no further corroboration, it added. Crucially, DNA analysis conducted in the case confirmed the allegations and directly linked the accused to the crime, further strengthening the prosecution's narrative. "The evidence presented was reliable, admissible, and consistent with the survivor's version," the court said, finding no ground to interfere with the trial court's "well-reasoned findings." Addressing the argument that no independent witnesses were produced, the court clarified, "The law does not mandate public witnesses in every case, particularly when the act occurs in an enclosed area and at a time when most people would be asleep." Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
News18
11-06-2025
- News18
‘DNA Report Alone Enough': Delhi HC Upholds Conviction Of 24-Year-Old For Raping 60-Year-Old Woman
Last Updated: A bench led by Justice Sanjeev Narula rejected the appellant's argument that the DNA evidence was unreliable because the electropherogram was not produced. While upholding the conviction of a 24-year-old man for raping a 60-year-old woman, the Delhi High Court has held that the DNA report alone is enough for conviction, and the absence of the electropherogram does not reduce the evidentiary value of the report. A bench led by Justice Sanjeev Narula rejected the appellant's argument that the DNA evidence was unreliable because the electropherogram was not produced. The court ruled," ……No material was placed on record to suggest that the absence of the electropherogram rendered the DNA analysis unreliable or incomplete. In the absence of any substantive cross-examination or expert rebuttal, this Court finds no reason to doubt the integrity of the DNA evidence, which provides compelling scientific corroboration of the Prosecutrix's testimony..". The single-judge bench was hearing an appeal filed by the appellant challenging the judgment of the trial court that had convicted him under Section 376 of the IPC for raping a 60-year-old woman and had also sentenced him to 12 years of rigorous imprisonment. According to the prosecution, the incident occurred at around midnight, the prosecutrix was sleeping alone in her jhuggi, as her son had gone to Jaipur to visit his sister. While she was asleep, the convict entered her jhuggi, covered her mouth with his hand, removed her salwar, and despite her resistance, raped her. The next morning, the woman went to her son-in-law's house and narrated her ordeal, following which the FIR in the present case was registered. It is the prosecution's case that it does not solely rely on the statement of the prosecutrix and that her testimony has been duly corroborated by scientific and medical evidence, including the DNA report. The prosecution further submitted that the trial court's judgment was cogent and consistent. It went on to contend that the absence of the electropherogram, by itself, does not reduce the probative value of the DNA profile. With regard to the absence of independent public witnesses, it was contended that the nature of the crime and the location—a private and secluded area—explained the lack of eyewitnesses. In such circumstances, it would be misplaced to expect the presence of independent public witnesses. Opposing these contentions, the appellant argued that the prosecutrix's version of events was filled with contradictions. He claimed that she had failed to prove her case beyond reasonable doubt. He alleged that her case was purely based on her own testimony, which, according to him, was marred by serious inconsistencies. While raising questions about the scientific evidence, the appellant pointed out that the DNA report had been admitted without the electropherogram and also highlighted the absence of any independent witnesses. Weighing the arguments presented by both sides, the court at the outset said," Allegations of rape often unfold in the shadows of silence, without account of eyewitnesses or unimpeachable material proof. The law, however, does not falter for lack of spectacle, it demands a careful calibration of credibility, consistency, and the totality of circumstance." Observing certain discrepancies in the statements of the prosecutrix, the court maintained that they were minor and did not, in any way, undermine her case. Such variations, the court pointed out, are common in the recounting of traumatic experiences and by no means weaken the core of the prosecution's case. While rejecting the appellant's argument that the DNA report lost its value without the electropherogram, the court asserted the DNA profile derived from the appellant matched with samples taken from the prosecutrix and the scene of the crime. Furthermore, the court added that the expert provided an allelic data report, a summary interpretation of the electropherogram which is designed to be readable and usable in court. Therefore, the court ruled that the absence of the electropherogram chart did not diminish the evidentiary strength of the DNA findings. Accordingly, the court upheld the conviction and sentence by the Trial Court and dismissed the appeals both on merits and sentence.
Indian Express
04-06-2025
- Health
- Indian Express
Quashing Pocso FIR, Delhi High Court directs accused to do community service at hospital
The Delhi High Court recently quashed an FIR under the Protection Of Children from Sexual Offences (Pocso) Act but expressed its 'disapproval' of the conduct of the accused and directed him to do community service 'as a measure of accountability and reflection'. Justice Sanjeev Narula quashed the FIR after an 'amicable resolution' of the case involving alleged harassment and exploitation of a minor girl. The court ordered the accused to perform community service at Lok Nayak Jai Prakash Narayan Hospital from June 1 to 30, where he will be instructed and assigned duties by the medical superintendent. 'In the event of any absenteeism, default, or misconduct on the part of the Petitioner during the course of the community service, the same shall be immediately reported by the Medical Superintendent to the concerned SHO, who shall, in turn, inform the APP for placing the matter before this Court and seeking appropriate orders, including revival of the FIR,' the court further directed. The court recorded that it is quashing the FIR 'solely out of deference to the express wishes of the Complainant and in the interest of her privacy'. This was after the complainant informed the court that she is currently exploring matrimonial prospects and wants to move on from the incident, further stating that a pending criminal case may pose a serious impediment to her future opportunities and personal relationships, as well as causing social stigma. As per the case, in 2017, the complainant shared private photographs with the accused. After they stopped communicating, the accused allegedly began demanding money from the complainant in February 2018, threatening to make the photographs public if their demands were not met. These demands continued until August 2019, when the complainant filed an FIR and a chargesheet was later filed in the case. The two subsequently 'amicably resolved their disputes' and signed a settlement deed in May this year, with the complainant agreeing to the quashing of the FIR. Justice Narula reasoned, 'The facts narrated disclose a pattern emblematic of the darker undercurrents of the social media age, where technology is misused to exert control, induce fear, and compromise dignity. Considering this, at the outset, the Court was not inclined to quash the FIR in a perfunctory manner… In the present case, bearing in mind the overarching aim of facilitating rehabilitation and the Complainant's express wish to put the matter behind her, the Court is of the view that no larger public interest would be compromised by allowing the petition.' Recording its disapproval of the conduct of the accused, the court noted that the allegations pertain to a deeply troubling pattern of coercion and intimidation directed at a school-going minor, including threats to publicly disseminate her private photographs in exchange for money. 'Such behaviour, if true, reflects a gross misuse of digital platforms and an alarming disregard for consent and personal dignity. Nevertheless, the Complainant has unequivocally expressed her desire to move on from this chapter, and has articulated social and emotional burden that the continued pendency of this criminal case may place upon her, particularly in the context of her future prospects, including marriage,' the court recorded. The court, however, left it open for the complainant to revive the FIR.
