Essential Commodities Act – Section 3 r/w Section 7 – Cement – Decontrol – Appellants convicted for unauthorised possession of Government quota cement allegedly diverted from PWD supply – Incident dated 24.03.1994 – By Cement Control (Amendment) Order, 1989, price and distribution control of cement withdrawn w.e.f. 01.03.1989 – Further delegation to States...
Criminal Law – Rape – POCSO Act – Acquittal – Appellant convicted by trial court for repeated rape and aggravated penetrative sexual assault – High Court reappreciated entire evidence in appeal under Section 374(2) CrPC – Found prosecution case riddled with inconsistencies, improbabilities and serious investigative lapses – Held: Conviction unsustainable &...
Anticipatory Bail – Alleged House Trespass and Theft – FIR under Sections 329(1), 329(4), 62, 351(3), 305 and 190 of Bharatiya Nyaya Sanhita, 2023 – Appellant accused of trespassing into complainant’s house and committing theft – Complainant claimed possession on basis of agreement to sell – Bail rejected by Trial Court and High Court – Interim protection ...
Criminal Law – Electronic Evidence – Admissibility of voice recordings – Application under Section 65B, Evidence Act and Section 92, CrPC for taking a pen drive on record – Petitioner sought to introduce a voice recording of the deceased alleging lack of medical treatment to prove the accused forged medical records to cover negligence – Held: The trial court correctly...
False Promise of Marriage – Cheating under Section 417 IPC – Consensual Relationship Between Majors – Appellant convicted for cheating after acquittal under Section 376 IPC – Evidence showed long-standing love affair of more than 1½ years and repeated consensual physical relationship – No proof that consent was obtained under misconception of fact – Held:...
Criminal Law – Quashing – Commercial Transaction – Alleged Non-Payment of Dues – Petitioner sought quashing of proceeding under Sections 406/420 IPC arising out of business dealings relating to supply of poultry feed – Admitted long-standing commercial relationship since 2012 with regular payments – Dispute arose over alleged outstanding of Rs. 40 lakhs – ...
Anticipatory Bail – Absconding Accused – Murder Case – Accused named in FIR involving unlawful assembly, firing and death by gunshot – Accused absconded since date of incident and did not cooperate with investigation for about six years – Reward declared for arrest – Held: As a general rule, absconding accused not entitled to anticipatory bail – Exceptiona...
Criminal Law – Abetment of Suicide – Regular Bail – Allegation that petitioner-wife abused and assaulted deceased-husband leading to suicide – FIR registered under Section 108 BNS – Court held that mere allegations of harassment without specific instigation or proximate act do not prima facie constitute abetment – Essential ingredient of mens rea and direct or i...
Anticipatory Bail – Section 482 BNSS – Murder Case – Allegation of Instigation by MLA – Petitioner (Accused No.5) alleged to have instigated co-accused in fatal assault resulting in death of informant’s son – Prior written complaint by deceased naming petitioner and alleging threats to life – Prima facie material including CDRs and photographs requiring co...
Criminal Law – Murder – Road Rage Incident – Sudden Quarrel – Absence of Intention – Incident arose out of a sudden traffic altercation when motorcycle touched car – No prior animosity or premeditation – Assault by fist and leg blows only – No weapon used or recovered – Held: Essential ingredients of intention and knowledge required for offence...