POCSO – Gang Rape of Minor – Suspension of Sentence – Section 389(1) Cr.P.C. – Post-Conviction Stage – Presumption of Innocence Not Available – The appellant was convicted and sentenced to rigorous imprisonment for life under Section 376(DA) IPC and Section 6 POCSO Act for gang rape of a minor victim – A previous application for suspension of sentence (I.A...
Criminal Law - Matrimonial Cruelty – Section 498A IPC – Dowry Demand – Conviction Upheld – Petitioner No. 1, who married PW1 on 09.01.2000, along with his parents (Petitioners 2 and 3), subjected PW1 to physical and mental cruelty demanding more dowry, assaulted her while pregnant on 26.06.2000, and expelled her from the matrimonial home – Trial Court convicted all th...
Criminal Law – Criminal Conspiracy – False Implication in Rape Case – Extortion – Advocate and Police Officer – Conviction Upheld – A1 a practising advocate and A2 a Sub-Inspector of Police conspired with two deceased accused to falsely implicate PW12, an innocent person who was the principal witness in a molestation case against a police official, in a fabricat...
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Statutory Notice – Presumption of Service – General Clauses Act, 1897, Section 27 – Complaint dismissed by JMFC as premature for non-production of track report of registered notice – Revisional Court affirmed dismissal holding presumption of service arises only after 30 days from dispat...
Criminal Law – Murder – Burning of Wife – Concurrent Conviction – Dying Declaration – Reliability – The appellant was convicted under Sections 302 and 342 IPC by the Sessions Judge, Bundi and sentenced to life imprisonment with rigorous imprisonment of one year respectively – High Court confirmed the conviction – Appellant challenged concurrent findi...
NDPS Act — Sections 8 and 22 — Bail — Grounds of Arrest — Constitutional Mandate — Article 22(1) read with Article 21 — Appellants, senior orthopaedic surgeon and proprietor of pharmacy unit within Corporate Hospital, Amritsar, arrested by NCB on 02.05.2025 following recovery of 2000 Tramadol tablets in sealed condition from hospital pharmacy — Appellants ...
Criminal Law – Murder – Eyewitness Testimony – Conviction Upheld – Property Dispute – Mediation Meeting – The appellant was convicted under Section 302 IPC for stabbing his brother Titu Miah Khadim at a mediation meeting convened to settle a property dispute on 01.10.2021 – PW-2, whose presence at the place of occurrence was not disputed, gave a direct eye...
Criminal Law – Quashing of Summoning Order – Section 482 Cr.P.C. – Streedhan – Section 406 IPC – Applicant No.1 (wife) lodged FIR against opposite party No.2 (husband) for offences under Sections 498-A, 323 IPC and Sections 3/4 of the Dowry Prohibition Act – Charge-sheet filed against the husband – Maintenance of Rs. 4,000/- per month and Rs. 1,000/- per m...
Arms Act – Section 25(1-B)(a) – Possession in Violation of Section 3 – Licence Holders – FIR registered against petitioners who were licensed holders of revolvers on the allegation that their driver clicked photographs with the weapons and posted them on social media — No allegation anywhere in the prosecution case that petitioners acquired, possessed or carried any f...
Criminal Law – Anticipatory Bail – SC/ST (POA) Act – Section 14A(2) – Role of Accused in Custodial Death – Deceased Darshan was taken to Vivekanagara Police Station on 13.11.2025 without registration of case — detained illegally from 01.30 a.m. of 13.11.2025 to 08.30 p.m. of 15.11.2025 — thereafter sent to a rehabilitation centre where he was allegedly sub...