Prevention of Corruption Act, 1988 – Appeal against Acquittal – Scope of Interference under Section 378 Cr.P.C. – Principles reiterated – Presumption of innocence strengthened by acquittal – Appellate court can interfere only when trial court’s view is perverse or based on misreading of evidence – If two views are possible, appellate court cannot substitut...
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...
Criminal Law – Murder – Acquittal Restored – Appeal Against Conviction – High Court reversed Trial Court’s acquittal and convicted the accused under Sections 302, 120-B, 201, 506 read with Section 34 IPC – Supreme Court held that High Court erred in interfering with the plausible view of the Trial Court – Sole eye-witness (PW-5) found unreliable – Co...
Criminal Law – Rape and Abduction – Consent of Prosecutrix – Acquittal – Appellant convicted by trial court under Sections 366 and 376 IPC while acquitted of offences under Section 363 IPC, POCSO Act and SC/ST Act – High Court found that trial court itself held the prosecutrix to be a major at the time of incident – Once prosecutrix held to be major, consent bec...
Criminal Law – Sexual Offences Against Child – Conviction Based on Sole Testimony of Victim – Sufficiency of Evidence – Appellant convicted for wrongful restraint, outraging modesty and rape of a minor girl – Victim gave a clear, cogent and consistent account of sexual assault involving digital penetration and sexual acts – Cross-examination failed to discredit ...
Criminal Law – Appeal against Acquittal – Jurisdiction – Section 378 CrPC (Post-2005 Amendment) – Trial Court acquitted accused of offences under Sections 279, 337, 338 and 304-A IPC (all bailable offences) – State preferred appeal before Sessions Court – Sessions Court reversed acquittal and convicted accused – High Court held that in view of Section 378(...
POCSO Act – Aggravated Penetrative Sexual Assault – Proof – Conviction under Section 6 of POCSO Act requires proof of penetrative sexual assault of aggravated nature – Prosecution failed to produce medical examination report of the victim though examination was allegedly conducted – No forensic or medical evidence corroborating penetration – Held: Essential ingr...
Service Law – Recruitment – Age Relaxation – SEBC Candidate – Migration to Unreserved Category – Petitioner belonging to SEBC category applied for post of Management Trainee (HR) against unreserved vacancy – Advertisement prescribed maximum age of 32 years for UR candidates with age relaxation for reserved categories – No vacancy earmarked for SEBC categor...
Criminal Law – Section 319 Cr.P.C. – Power to Array Additional Accused – Degree of Satisfaction – Power under Section 319 Cr.P.C. is extraordinary and cannot be exercised mechanically – Degree of satisfaction required is the same as that required for framing of charge – Mere existence of some evidence is insufficient unless such evidence is strong and cogent &nd...
Criminal Law – Acquittal – Offences under Sections 504, 323, 324, 326 read with Section 34 IPC and Section 3(2)(v) SC/ST (PoA) Act – Appellants convicted by Special Court for assault and grievous hurt allegedly caused to complainant belonging to Scheduled Caste – On appeal, High Court finds material inconsistencies in testimonies of PW1 to PW3 who are interested witnesses &...