Criminal Law – Murder and Attempt to Murder – Conviction under Sections 302 and 307 IPC – Acquittal on Appeal – Appellant convicted by Trial Court for shooting deceased and injuring two others – High Court finds that prosecution failed to prove the case beyond reasonable doubt due to serious contradictions in ocular, medical and scientific evidence – Held: Convi...
Rape and POCSO – Conviction – Repeated Penetrative Sexual Assault on Minor – Accused convicted for offences under Sections 376(2)(i) and 376(2)(n) IPC and Section 6 r/w Section 5(l) POCSO Act – Prosecution alleged repeated sexual assault on a 13-year-old girl between September 2015 and February 2016 – Trial Court imposed sentence of rigorous imprisonment for ten years...
Bail – Financial Fraud – International Transactions – Allegation of misappropriation of USD 1,25,000/- by petitioner while working as Finance and Admin Manager of informant company – FIR alleging opening of fraudulent company in Zambia, diversion of company funds, illegal withdrawals, and transfer of money to Indian bank accounts – Charge-sheet submitted and petitione...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Trial court convicted petitioner for dishonour of cheque and imposed sentence of one year simple imprisonment with compensation of Rs.18,00,000/- – Appellate court suspended sentence subject to deposit of 20% of compensation – Legality of such conditional suspension examined [Paras 1–3].
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Criminal Contempt – Scandalising the Court – Repeated Allegations of Case Fixing and Corruption – Accused made reckless, false and unsubstantiated allegations against Members of Central Administrative Tribunal and Judges of the High Court in pleadings, affidavits, representations and oral submissions – Allegations included “case-fixing-deal-crime”, corruption, i...
Prevention of Money Laundering Act – Cognizance of Offence – Supplementary Complaint – Validity – Petition challenged order taking cognizance of supplementary complaint arraigning additional accused after cognizance had already been taken in original complaint – Held: Cognizance is taken of the offence and not the offender – Concept of “second cognizance&r...
Criminal Law – Murder – Appeal against Conviction – Life Imprisonment – Appellants convicted under Section 302/34 IPC for causing death of deceased Kallu by lathi and danda – During pendency of appeal three appellants died and appeal abated against them – Appeal considered only in respect of surviving appellant Bakuni – Held: Prosecution failed to prove gu...
Criminal Appeal – Bail – Appeal against rejection of regular bail – Accused-appellant not named in FIR relating to murder and terrorist offences under IPC, Arms Act and UAPA – Bail application rejected by Additional Sessions Judge – Appeal preferred before High Court [Paras 1-2].
Bail Jurisprudence – Role of Accused – Confessional Statement of...
Criminal Law – Double Jeopardy – Section 300 Cr.P.C. – Article 20(2) of Constitution – Petitioner sought quashing of trial at Karera, Madhya Pradesh on ground that he had already been tried and acquitted in a connected case by courts in Rajasthan – Held: Protection against double jeopardy applies only when second prosecution is for the same offence and by a court of c...
Default Bail – NDPS Act – Section 36A(4) – Extension of Investigation Period – Petitioner arrested on 15.05.2025 – Statutory period of 180 days expired on 11.11.2025 – Special Court granted extension of 120 days on 31.10.2025 on report of SPP – Accused neither produced physically nor virtually and no notice given at the time of consideration of extension &...