Medical Evidence Contradicting Ocular Timeline Of Assault Renders Prosecution Case Doubtful: Supreme Court Acquits In Murder Case Delayed FIR Transmission To Magistrate Coupled With Unnatural Conduct Of Witnesses Creates Doubt Of 'Post-Investigation' Fabrication: Supreme Court Acquits Murder Accused Right To Apply For Probate Is A Continuous Right; Limitation Commences From Hostile Act, Not Testator's Death: Supreme Court Appellate Courts Should Be 'Friend, Philosopher & Guide' To Subordinate Judiciary; Avoid Disparaging Remarks Against Trial Judges: Supreme Court First Appellate Court Cannot Overturn Trial Court Findings Without Recording Reasoned Evaluation Of Evidence: Supreme Court Failure To Send Recovered Weapon For FSL Examination & Verify Workability Fatal To Conviction Under Section 25 Arms Act: Allahabad High Court Registration Of FIR Against Doctor Following His Writ Petition Against Police Harassment Suggests 'Counter-Blast': Andhra Pradesh High Court Grants Pre-Arrest Bail Senior Citizen’s Financial Status Irrelevant For Declaring Gift Deed Void Under Maintenance Act If Transferee Fails To Provide Basic Amenities: Bombay High Court Magistrate Has No Power To Direct 'Re-Investigation' After Filing Of Police Report, Can Only Order 'Further Investigation': Calcutta High Court Specific Performance Can Be Denied If Buyer’s Misuse Of Property Prevents Seller From Fulfilling Statutory Obligations: Delhi High Court Magistrate Exercising Power Under Section 14 SARFAESI Act Performs Ministerial Act, Cannot Adjudicate On NPA Classification Merits: Gujarat High Court Drugs & Cosmetics Act | Prosecution For 'Not Of Standard Quality' Drugs Must Be Filed Before Expiry Of Shelf Life To Protect Accused's Right To Re-Analysis: Himachal Pradesh High Court Trial Court Cannot Reject Plaint Under Order 7 Rule 11 Without Deciding Pending Amendment Application: Madhya Pradesh High Court Acts Intended To Outrage Modesty Don't Amount To Attempted Rape Without Overt Act Unequivocally Constituting Rape: Patna High Court Acquits Man Admission Of Signatures On Agreement To Sell Shifts Burden To Defendant To Disprove Receipt Of Earnest Money: Punjab & Haryana HC Section 138 NI Act | Director Seeking Quashing On Plea Of Resignation Must Furnish 'Sterling Incontrovertible' Evidence: Punjab & Haryana HC

"CRIMINAL LAW" Digest

Criminal Law - Suspension of Sentence - Bharatiya Nagarik Suraksha Sanhita - Section 430(i) - NDPS Act - Section 8(c) read with 20(b)(ii)(C) - Petitioner convicted for possession of 42 kg of Ganja and sentenced to 14 years rigorous imprisonment and fine - Petitioner sought suspension of sentence on grounds of non-compliance with mandatory procedural requirements of NDPS Act and delay in chemical a...

Criminal Law - Criminal Reference - Code of Criminal Procedure 1973 - Section 318 - Deaf and dumb accused - Trial Court convicted the respondent for offences under Sections 449 376(AB) 506 IPC and Section 6 POCSO Act - Trial Court did not record the statement of the accused under Section 313 CrPC on the ground that the accused was unable to understand proceedings due to being deaf and dumb - Refer...

Criminal Law - Cancellation of Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Protection of Children from Sexual Offences Act 2012 - Section 6 - Aggravated penetrative sexual assault - Respondent caretaker of a junior school was accused of taking a three-year-old nursery student to the basement and touching her private part with a finger causing bleeding - Additional Sessions Judge...

Criminal Law - Bail for Juvenile - Juvenile Justice (Care and Protection of Children) Act 2015 - Sections 12 and 103(1) BNS - Appellant a child in conflict with law (CCL) accused of murder - Bail rejected by Children Court on grounds of criminal antecedents and lack of guardianship - Appellant's name transpired in confessional statement of co-accused - Identified in CCTV footage - Social Inves...

Criminal Law - Bail - Bhartiya Nagarik Suraksha Sanhita 2023 - Sections 47 and 483 - Mandatory arrest procedure - Petitioner was taken into custody for allegedly opening fake business accounts and using mule bank accounts for illegal fund transfers - Application for bail was filed citing non-compliance with Section 47 of BNSS and Article 22(1) of the Constitution - Investigating Officer filed an a...

Criminal Law - Cancellation of Bail - Code of Criminal Procedure 1973 - Section 439(1) - Perversity in Trial Court Order - Petitioner-State challenged an order passed by the Additional Sessions Judge Bandipora enlarging the respondent-accused on bail in a case involving charges under Sections 341 376 and 506 IPC - Trial court granted bail by doubting the prosecutrix due to non-seizure of a lighter...

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 139 - Expert Analysis of Handwriting - Accused directors of chit fund company facing trial for cheque dishonour under Section 138 NI Act - Complainants specifically alleged in testimony and affidavits that accused wrote the entries and signed the cheques in their presence - Accused filed applications to send ch...

Criminal Law - Quashing of Proceedings - Code of Criminal Procedure 1973 - Section 482 - Maintainability through Power of Attorney - Applicant Rakesh Mehra sought quashing of FIR No. 0177 of 2022 for offences under Sections 420 506 and 120B IPC through his power of attorney holder Mr. Akhil Arora - Applicant was declared a proclaimed offender under Section 82 CrPC and a Look-out Circular was issue...

Criminal Law - Regular Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Indian Penal Code 1860 - Sections 420 406 467 468 471 and 120-B - Petitioner filed first regular bail petition in FIR No 169 - Allegations involve extraction of approximately Rs 28.5 lakhs from the complainant by promising to influence High Court Judges to secure service benefits for the complainant s father - Pe...

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 20(b)(ii)(c) and 29 - Non-compliance with Section 52A - Appellants convicted for possession of commercial quantity of narcotics - Investigation revealed samples were drawn at the spot of seizure instead of in the presence of a Magistrate as mandated under Section 52A and the NDPS (Seizure-Storage-Sampling and...