POCSO Act – Penetrative Sexual Assault – Ingredients of Section 3 – Rubbing of Genitals – No Penetration – Conviction under Section 6 Set Aside – Prosecution evidence including FIR, Section 164 statement and testimony of victim and mother disclosed act of accused rubbing his body/penis against the child and attempting sexual act – No consistent or proved c...
NDPS Act – Sections 21(b) & 22(c) – Conviction Set Aside – Non-compliance of Section 50 – Acquittal – Appellant convicted for possession of cocaine and LSD and sentenced to rigorous imprisonment of ten years and five years respectively – On appeal, High Court examined compliance of statutory safeguards under Section 50 NDPS Act – Held: Conviction unsus...
Anticipatory Bail – Sexual Relationship on False Promise of Marriage – Refusal – Petitioner sought anticipatory bail in crime alleging cheating, criminal intimidation and promise to marry – Allegations disclosed sustained sexual relationship induced by promise of marriage – Mediation failed and petitioner refused to file affidavit agreeing to marry – Held: Consi...
Criminal Law – Section 311 Cr.P.C. – Scope and Object – Production of Electronic Evidence – Revision petition assailing order of Judicial Magistrate allowing complainant to tender a pen drive containing recorded conversation along with certificate under Section 65-B of the Evidence Act during examination-in-chief – Earlier CD containing the conversation had become unr...
Criminal Law – Murder – Conviction under Section 302/34 IPC – Appeal against life sentence – Victim sustained bullet injuries inside his house on the eve of Panchayat elections – Trial Court convicted appellants on the basis of eyewitness testimony and oral dying declaration – High Court reappreciated entire evidence – Held: Conviction justified and appeal...
Writ Jurisdiction – Maintainability – Bar Association – Bar Association registered under the Societies Registration Act, 1860 – Body of private lawyers formed for welfare of its members – Does not discharge public functions – Not ‘State’ or instrumentality under Article 12 of Constitution – Held: Writ petition under Article 226 seeking mandamus...
Rape of Minor – Conviction Based on Sole Testimony of Prosecutrix – Reliability and Credibility – Victim aged 13 years gave a consistent and cogent account of forcible sexual assault and confinement by the accused – Minor discrepancies regarding school timings and routine held to be trivial – Evidence of prosecutrix found to inspire confidence – Held: Conviction...
Accident Claim - Motor Accident Compensation – Income of Deceased – Salary plus Pension – Inclusion for Loss of Dependency – Deceased was a retired armed forces veteran drawing pension and also employed as Principal of a Government school – Tribunal excluded pension income while computing loss of dependency – Held: Pension being a recurring and assured source of...
Land Acquisition – National Highways Act, 1956 – Successive Declarations under Section 3D – Validity – Challenge to second notification dated 10.07.2024 issued under Section 3D(1) without issuing a fresh Section 3A notification – Allegation of change in alignment and arbitrary inclusion of petitioner’s land – Court held that no change in alignment was esta...
Money Laundering – Bail – Prolonged Incarceration – Article 21 Rights – Trial Not Likely to Conclude Soon – Petitioner alleged to be involved in laundering proceeds of cyber fraud committed against foreign national by providing bank accounts and documents for shell companies – Co-accused allegedly impersonated petitioner and used his documents – Petitioner...