Criminal Law – Quashing Of FIR - Rape – Repeated Sexual Acts – Section 376(2)(n) IPC – FIR alleged repeated sexual relations by advocate on false promise of marriage – Supreme Court held that relationship lasted three years and involved mutual affection and voluntary acts – No indication of threat, coercion, or deceit from inception – Held: FIR failed to d...
Criminal Law – Quashing of Proceedings – Allegation of Sexual Harassment by Child Welfare Committee Chairman – Lack of Sexual Intent – Petitioner, a statutory authority under Child Welfare Committee, was alleged to have made sexually coloured remarks during counselling of two minor girls – Statements attributed to the petitioner included reference to the girls’ ...
Criminal Law – Quashing of FIR – Causing Death by Negligence – Section 304-A IPC – Conviction – Petitioner convicted under Sections 304-A & 279 IPC based on death caused due to rash and negligent driving of a JCB – Post-conviction, compromise reached with complainant (father of deceased) – Held: Compromise between accused and legal heirs of deceased ca...
Criminal Law – Default Bail – Interpretation of BNSS – Petitioners arrested on 10.05.2025 and remained in custody for 90 days – Application for default bail under Section 187(3) BNSS filed on 12.08.2025 – Charge-sheet not filed within statutory period – Trial court rejected application relying on Odisha amendment to CrPC providing 120-day period – Held: BN...
Criminal Law – Murder – Last Seen Theory – Conviction Based on Circumstantial Evidence – Govind last seen alive with accused Ashok Kumar and his two accomplices (identified later as Gore @ Ujagar Singh and Ramdas) on 9.4.1983 at 8:30 PM – Dead body recovered on 10.4.1983 at 2 PM – Post-mortem confirmed death by strangulation around 11 PM on 9.4.1983 – Held...
Criminal Law – Quashing of Proceedings – POCSO and IPC Charges – Applicant No. 1 accused of kidnapping and sexual offences against a minor under IPC and POCSO Act – Victim’s statements under Sections 161 and 164 CrPC indicated consensual relationship and denial of sexual intercourse – Medical examination showed no injury – Victim declared major as per medi...
Criminal Law - Forgery – Wills – Civil Dispute Converted into Criminal Case – Criminal complaint filed alleging will dated 17.3.2015 is forged and used to claim property – Discharge sought on ground that genuineness of both wills (dated 17.3.2015 and 11.1.2017) already sub judice in civil suit filed in 2017 – FIR filed in 2019 as retaliatory measure – Held: Alle...
Criminal Law – Discharge of Accused – Sections 227 and 228 CrPC – Trial court discharged public officials and contractors accused of conspiracy, corruption, and loss to exchequer in road projects executed during 2007–2009 – High Court upheld discharge, holding that the record failed to establish prima facie misuse of official position, fraudulent conspiracy, or wrongf...
Negotiable Instruments – Cheque Dishonour – Secondary Evidence – Original Cheque Lost – Complainant sought to mark photocopy of cheque under Section 65 of Evidence Act after discovering original was missing – Trial Court rejected plea citing lack of explanation and absence of return memo – Held: Respondent had not denied existence of cheque but only disputed ink...
Criminal Law – Bail – POCSO and JJ Act Offences – Parity with Co-Accused – Petitioner charged under multiple IPC, JJ Act and POCSO provisions for alleged torture and abuse of a 3-year-old foster child – Other co-accused including petitioner’s husband (prime accused) granted bail – Held: On ground of parity and similar footing in charges, petitioner entitle...