Criminal Law - Murder and Attempted Murder - Conviction under Sections 148, 302/149, 307/149 IPC - Appellants convicted for murdering Prakash Behera and attempting to murder Nunu Pujari - Trial court sentenced them to life imprisonment for murder, rigorous imprisonment for 5 years for attempted murder and 2 years for unlawful assembly - Appellants challenged conviction on grounds of contradictory ...
Criminal Law – Discharge Application – Section 250 BNSS – Sixty-Day Period – Nature and Effect – Condonation of Delay – Applicants, Directors, CEO and medical practitioners of Khyati Hospital sought discharge under Section 250 BNSS — discharge applications filed beyond sixty days from date of committal — Sessions Court rejected delay condonation appl...
Money Laundering – Bail – Section 45 PMLA – Twin Conditions – Applicant accused of laundering proceeds of crime generated through fraudulent scholarship claims by educational institutions – ED alleged generation of proceeds of crime exceeding ₹18 crore through bogus scholarship claims and diversion of funds through trust accounts – Court held that while Sectio...
POCSO Act – Rape by Father – Conviction Upheld – Appellant, the biological father of the victim, convicted for committing repeated sexual assaults on his minor daughter over a period of time since she was 10 years old — victim gave her statement to police after gathering courage during a 'Police Didi' counselling program conducted in her school — Trial Court c...
Criminal Law - Acquittal - Appeal Against Acquittal by Complainant - State Not Filing Appeal - Informant and de-facto complainant filed appeal challenging acquittal of accused for offences under Sections 498-A and 302 read with 34 IPC - Deceased was second wife of Accused No.1 - Prosecution alleged Accused Nos.1 to 3 murdered deceased by throttling her with dish wire and projected it as suicide - ...
Criminal Law – Summoning Additional Accused – Section 358 BNSS / Section 319 Cr.P.C. – Trial Court summoned petitioners and other co-accused to face trial in murder case on basis of deposition of complainant recorded as PW-2 – Petitioners contended that only one accused had been challaned and others were rightly exonerated during investigation – Held: Power under Sect...
Criminal Law – Appeal against Acquittal – Assault on Public Servant – Sections 186, 353 r/w 34 IPC – State challenged the appellate court judgment acquitting the accused who were earlier convicted by the trial court for allegedly assaulting the Chief Engineer (PW1) and obstructing him in discharge of his official duties – Evidence showed that the prosecution relied ma...
Preventive Detention – Detenu already in Judicial Custody – Requirement of satisfaction regarding likelihood of release on bail – Detention order passed against petitioner involved in multiple NDPS cases while he was already in judicial custody and had not even applied for bail – Co-accused’s bail application had already been rejected – Detention order failed to...
Maintenance – Section 488 CrPC – Mutual Consent Separation – Bar under Section 488(5) – Parties married in 1990 separated by compromise dated 28.08.1995 upon receipt of ₹10,000/- as full and final settlement – Wife withdrew earlier maintenance and bigamy proceedings – Subsequently filed fresh maintenance petition in 2008 without disclosing earlier proceedings ...
Negotiable Instruments Act – Dishonour of Cheque – Appeal against Acquittal – Trial court acquitted the accused holding that the complainant failed to prove the transaction and financial capacity – Evidence of Power of Attorney holder rejected on the ground that his name was not included in the preliminary witness schedule – Held: Such omission in witness schedule is ...