Criminal Law - Probation and Sentencing – Co-existence of Probation of Offenders Act and Section 360 CrPC – Paramountcy of Special Law – Held: Where the Probation of Offenders Act is in force, the provisions of Section 360 CrPC do not apply – The Probation Act provides broader scope and additional support mechanisms, including Probation Officers – Section 360 CrPC can...
Criminal Law - Preventive Detention – COFEPOSA – Non-placement of son’s “retraction” before Detaining Authority – Detention Sustained – Detention order based substantially on appellant’s own statements under Section 108 of the Customs Act and extensive documentary material recovered during searches – Only a passing reference to the son’s ...
Criminal Law - Preventive Detention – COFEPOSA – Pre-execution interference under Article 226 – Detention Quashed – Appellant challenged detention order before execution alleging coercion, torture, retracted confession and non-consideration of vital material – Held: Case falls within exceptions (iii) and (iv) of Alka Subhash Gadia – order passed for a wrong purp...
Criminal Law – Murder – Dying Declaration – Victim named appellants Dilip Dey and Manoj Singh as shooters in statement recorded by police officer in presence of doctor and relatives – Statement corroborated by brothers of deceased (PWs 5 and 7) – Medical officer (PW9) confirmed victim was conscious – Objection to lack of medical certificate of mental fitness rej...
Narcotic Drugs and Psychotropic Substances Act – Bail – Commercial Quantity – Petitioners arrested with 112.270 kg of ganja, a commercial quantity, and in custody for 182 days – No application filed by the Public Prosecutor seeking extension of detention under Section 36A(4) of the NDPS Act – Held: In absence of a report from the Public Prosecutor seeking extension be...
Criminal Law – Death Penalty – Rarest of Rare – Commutation – Bachan Singh Doctrine Reaffirmed – Appellant convicted of kidnapping and dismembering a friend’s body after murder for ransom – Sessions and High Courts imposed death penalty considering brutality and role of mastermind – Supreme Court holds that mitigating factors such as youth, no past c...
Criminal Law – Attempt to Murder – Acquittal under Section 307 IPC – Conviction under Section 324 IPC – Appeal by the State against acquittal of accused No.1 (Jaison) under Section 307 IPC and of accused Nos. 2 and 3 (Biju and Mohanan) under Sections 341, 324, 307 r/w 34 IPC – Trial Court convicted accused No.1 under Section 324 IPC and sentenced him to two years&rsqu...
Criminal Law – Abetment of Suicide – Section 306 IPC – Husband convicted for abetting wife’s suicide and mother-in-law convicted under Section 498A IPC – Wife consumed poison at her parental home – Allegation only that husband told wife not to put sindoor of his name on her head – No other evidence of cruelty or instigation – Held: Mere utterance wit...
Anticipatory Bail – Sections 75, 79, 351(2), and 352 BNS - Allegation of Sexual Harassment – Guest Lecturer alleged that petitioner (Accused No.1), a University official, filmed her, used obscene language, and threatened job loss unless she complied with sexual demands – Accused Nos. 2 and 3 granted bail by Sessions Court – Petitioner’s bail rejected without reasons &...
Criminal Law – Abetment of Suicide – Ingredients – Suicide by business associate allegedly due to mental harassment and coercion in connection with profit-sharing – Suicide note blamed appellant and others for pressuring deceased – Trial court framed charge under Section 306 read with Section 34 IPC – Supreme Court held that for abetment under Section 107 IPC, i...