Latest news with #GGireesh
Time of India
3 days ago
- Time of India
Use of filthy language against woman: HC quashes case against vehicle inspector
Kochi: High court has quashed the criminal case and further court proceedings against a motor vehicle inspector (MVI) in Thiruvananthapuram, accused of uttering outrageous words to a woman during a driving test for not cutting her nails. Justice G Gireesh passed the order on a petition by the MVI seeking to quash the case registered against him by the Nedumangad police under Sections 294(b) (uttering obscene words in a public place) and 509 (words, gestures, or acts intended to insult the modesty of a woman) of the IPC, as well as the further court proceedings. The prosecution case was that, in 2022, during a driving test, the petitioner allegedly asked the complainant whether he should trim her nails and whether she should be taken for a bath before starting the test. He further remarked that certain offspring of immoral women would come for a driving test without brushing their teeth, taking a bath, or trimming their nails. He then allegedly called her the daughter of an immoral woman and asked her to get out of the vehicle. Following her complaint, police registered a case and submitted the final report before the magistrate court, Nedumangad. The petitioner moved HC after his discharge petition was dismissed. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like How Much Does It Cost to Rent a Private Jet - The Prices May Surprise You! Private Jet I Search Ads Learn More Undo Upon perusal of facts, HC noted that as the incident occurred inside a car, which is a private place, Section 294(b) would not be attracted, as the words were not uttered in a public place. Similarly, it could not be said that the alleged words of the petitioner were intended to shock the sense of decency of the complainant as a woman, nor could it be said that his alleged acts had any sexual connotation. At most, HC observed, it could be said that the petitioner had used filthy language, enraged by her appearance for the test. The bench also cited a Supreme Court decision holding that the mere use of filthy language, without any contextual framework or accompanying words indicating an intent to insult the modesty of the victim, would not constitute an offence under Section 509. Accordingly, HC quashed the case and its further proceedings. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area. Get the latest lifestyle updates on Times of India, along with Raksha Bandhan wishes , messages and quotes !
Time of India
01-08-2025
- Time of India
Court at place where complainant woman resides can take up Dowry Act cases, rules Kerala HC
Kochi: High court has held that, in cases under the provisions of the Dowry Prohibition Act, courts at the place where the victim woman takes shelter and temporarily resides are empowered to conduct an inquiry and trial in respect of those offences. The bench of Justice G Gireesh issued the ruling in a petition filed by a 34-year-old woman from Mavelikkara, challenging the decision of the judicial first class magistrate court-I, Mavelikkara, which had returned her complaint on the ground of lack of territorial jurisdiction, as the alleged incident occurred elsewhere. The petitioner, an estranged wife, had filed a complaint before the JFMC alleging that her in-laws demanded and accepted dowry in the form of gold ornaments at her husband's family house in Thiruvalla, in connection with her marriage. Initially, the JFMC recorded her sworn statement and proceeded with the complaint. However, her in-laws challenged the maintainability of the complaint on the ground of territorial jurisdiction, following which the magistrate returned the complaint. This prompted the petitioner to approach HC. Upon reviewing the case, the court held that if the victim of an offence under the Dowry Prohibition Act suffers mental trauma due to the offence at a place where she temporarily resides, the court having jurisdiction over that place is competent to entertain the complaint and proceed with an enquiry and trial. This is in view of the provisions contained in Section 199 of BNSS. Accordingly, HC directed JFMC, Mavelikkara, to accept the complaint and proceed with the inquiry and trial.
Time of India
20-06-2025
- Health
- Time of India
Clinical examination of child with parent's consent won't attract offences under Pocso Act, rules Kerala HC
Kochi: Kerala high court has quashed a Pocso case against a 70-year-old paediatrician, holding that the clinical examination of a child, conducted with the consent of a parent or guardian, does not attract offences under the Pocso Act . Justice G Gireesh issued the order while allowing a petition filed by the doctor to quash the case and further proceedings pending before the fast track special court (Pocso Act), Kozhikode. The allegation was that the petitioner had sexually assaulted a Class X student on two occasions during medical examinations conducted in the presence of her family members. The girl stated that on April 11, 2023, she visited the clinic with her mother for treatment of chest and abdominal pain, during which the doctor allegedly touched her inappropriately. A similar incident was said to have occurred on April 17, 2024, when she was accompanied by her elder sister. The sister noticed the victim shivering and later confronted the doctor, which led to the police complaint. However, upon examining the records, the court noted that neither the mother nor the sister alleged that the medical examination was conducted out of their view. It further observed that it is difficult to believe the petitioner would have acted inappropriately in the close presence of the victim's family members. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Brass Krishna Idols For Prosperity & Protection In Life Luxeartisanship Shop Now Undo While the victim may have perceived the touch as a 'bad touch', the court held that it would be unsafe to rely on an isolated and possibly misunderstood remark to infer sexual intent. The court also cited Section 41 of the Pocso Act, which explicitly states that the provisions relating to child sexual offences (Sections 3 to 13) do not apply to medical examinations or treatment carried out with the consent of the child's parent or guardian. Accordingly, the court quashed the case and the further court proceedings against the doctor.
Time of India
20-05-2025
- Health
- Time of India
Can't blame doctors for every death during treatment, rules Kerala high court
Kochi: High court, in a significant judgment, held that a doctor cannot be prosecuted for every mishap or death occurring during treatment. The court further observed that only in cases involving a gross lack of competence, inaction, or wanton indifference to a patient's safety — arising from gross ignorance or gross negligence — could a doctor be compelled to face trial for criminal negligence . Justice G Gireesh made these observations while allowing a petition filed by a gastroenterologist at a private hospital in Ernakulam seeking to quash the final report and further proceedings in a case alleging medical negligence that allegedly resulted in a patient's death. According to prosecution, a young man who had undergone renal transplantation later died at the hospital while under treatment for an intestinal ailment in the early hours of May 26, 2012. As his condition worsened during the night, the duty nurse contacted the petitioner, who then prescribed medicines over the phone. Later that night, the patient was shifted to the Nephrology Intensive Care Unit, where he succumbed to renal complications. The allegation against the petitioner was that by administering treatment over the telephone instead of directing the nurse to have the patient examined by a nephrologist, he caused the patient's death due to renal failure. Despite two expert committee reports stating that the patient appeared to have received reasonable medical and nursing care, the investigating officer sought a further opinion from the state-level apex medical body, which found fault with the petitioner and directed that he be investigated for criminal negligence. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo While considering the petition, HC observed that none of the expert panel members found fault with the medicines prescribed by the petitioner. It held that under no circumstances could the treatment provided be considered an act of criminal negligence attracting Section 304A of the IPC. The court reiterated that even where a patient's death results from an error of judgment or accident, no criminal liability arises. Mere inadvertence or some degree of lack of care and caution may give rise to civil liability but is insufficient to impose criminal responsibility on a medical professional. The court also cited a Supreme Court judgment, which warned that if courts were to impose criminal liability on hospitals and doctors for every untoward outcome, it would lead to doctors being more concerned about their safety than providing the best possible care to patients. This, the apex court had cautioned, could erode the mutual trust essential in the doctor-patient relationship.
