Criminal Law – Attempt to Rape converted to Outraging Modesty – Sections 354/323 IPC – Conviction Set Aside – Trial Court convicted appellant for outraging modesty despite charge under Sections 376/511 IPC – High Court found victim’s evidence inconsistent with FIR, medical records, and Section 164 statement – Hostile witnesses and alternative version of in...
Criminal Law – Murder Conviction – Section 302 IPC – Upheld for Accused No. 4 – Based on testimony of four consistent eyewitnesses who specifically attributed sword blows to the accused – Minor inconsistencies held immaterial – Conviction for murder upheld despite lapses in investigation [Paras 11, 15-16].
Criminal Appeal – Acquittal of Co-Accused &ndas...
POCSO Conviction – Appeal Dismissed – Testimony of Child Victim Found Reliable – Conviction Upheld – The appellant challenged his conviction under Sections 5(m), (n), and (p) read with Section 6 of the POCSO Act and Sections 377 and 380 IPC for sexually assaulting a 6-year-old boy – The Trial Court had sentenced the appellant to 20 years RI – On appeal, the High...
Criminal Law - Section 482 Cr.P.C - Inspection of Judicial Records – Enforcement Directorate’s Right – Rule 2, Chapter 16, Part C, High Court Rules – Inspection Allowed – Petitioners objected to ED inspecting IT Department’s complaint records before the Magistrate, arguing secrecy under Article 28 of Indo-French DTAA – Court held Rule 2 allows even strange...
Regular Bail – Sections 331(4), 305, 112, 317(2), 238 of the of the BNS - Minor Theft – Delay in FIR – Interim Bail Confirmed – Petitioner charged under BNS for theft of a bicycle and shoes – CCTV evidence relied upon – FIR lodged after 10 days – Bicycle recovered – Petitioner remained in custody for over three months – Supreme Court jurisprude...
NDPS – Possession of 1.2 kg Charas – Section 20 NDPS Act – State Appeal Dismissed – Prosecution alleged recovery of 1.2 kg charas from accused at Sarahan bifurcation – Trial Court acquitted citing contradictions in police testimony, doubtful arrest/recovery memos, and absence of independent witnesses – High Court held suspicion cannot substitute proof, prosecuti...
Criminal Law - Cruelty and Dowry Demand – Conviction under Section 498A IPC and Section 4 of DP Act – Conviction Set Aside – The appellant was convicted based on vague allegations of mental and physical cruelty and dowry demands – The complainant failed to substantiate claims with specific instances or medical evidence – No corroborative or independent testimony beyon...
Theft Case – Conviction under Section 379 IPC – Sole Reliance on Recovery Evidence – Not Sustainable – Petitioner convicted for snatching ornaments from complainant’s wife – Neither complainant nor witness identified accused – No test identification conducted – Conviction rested entirely on recovery of ornaments under Section 27 Evidence Act – ...
Regular Bail – Allegations under BNS and POCSO – Bail Granted – Petitioners sought regular bail in connection with FIR alleging harassment of two minor girls aged 13 and 14 under Sections 126(2), 78(1), 79, 352 BNS and Section 12 of POCSO Act – Charge-sheet filed and investigation completed – Petitioners in custody for over four months with no prior criminal record &n...
Anticipatory Bail – Economic Offences – Involvement in Fraudulent Investment Scheme – Bail Denied – The applicant, a partner in a firm accused of running a fraudulent investment scheme, sought anticipatory bail under Section 482 of the BNSS – FIR revealed a large-scale conspiracy involving collection of over ₹130 crores from investors through false promises – ...