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...
Prevention of Money Laundering Act, 2002 – Discharge and Framing of Charge – Scope of Judicial Review – Petitioner, Director of contractor company, challenged rejection of discharge and framing of charge under Section 3 PMLA – Allegations of submission of 26 fake and forged bitumen invoices leading to generation of proceeds of crime worth Rs. 1,08,95,583/- – Investiga...
Criminal Law – Murder – Burning of Wife – Conviction Restored – Respondent-husband alleged to have poured kerosene and set wife on fire – Trial Court convicted under Section 302 IPC – High Court acquitted by discarding dying declaration on hyper-technical grounds – Held: High Court committed manifest error – Acquittal set aside – Conviction and...
Criminal Law – Sexual Offences – POCSO Act, 2012 – Section 6 – Conviction upheld – The appellant, father of the minor victim, was convicted under Sections 376(2), 376AB IPC and Section 6 of POCSO Act for sexually assaulting his minor daughter – The High Court found the victim's testimony (PW-1) natural, cogent, consistent, and inspiring full confidence, noti...
Bail – Murder Case – Conspiracy – Accused Not Present at Scene of Crime – Petitioner (Accused No.11) alleged to have only intimated the movement of the deceased to principal accused – No overt act of assault attributed to him – Petitioner not present at the place of occurrence – Role limited to prior intimation – Held: Case distinguishable from main ...
Criminal Law – Grievous Hurt – Conviction under Section 325 IPC – Reliability of Injured Witness – Sentence Modified – Appellants convicted by Trial Court for causing grievous hurt to victim by assaulting him with wooden stick and bicycle pump – Prosecution case supported by injured eyewitness (P.W.2), independent eyewitnesses and medical evidence – Defenc...
Student Suicides – Mandatory FIR – Institutional Responsibility – Higher Educational Institutions – Supreme Court earlier clarified mandatory registration of FIR on disclosure of cognizable offence in cases of student suicides and reiterated the unequivocal moral and legal obligation of educational institutions to promptly report such incidents – Rising incidents of s...
Criminal Law – Quashing - Complaint Case – BNSS, 2023 – Section 223 – Issuance of Notice to Accused – Cognizance – Magistrate issued notices to accused prior to examination of complainant and witnesses – Held, proviso to Section 223(1) mandates opportunity of hearing to accused before taking cognizance but only after examination of complainant and witnesse...
Money Laundering – Bail under PMLA – Long Incarceration – Constitutional Courts’ Power – Applicant sought regular bail under Section 483 BNSS in ECIR registered under Section 4 PMLA relating to alleged scholarship scam – Applicant in custody for more than two years – Trial at stage of framing of charges – 71 witnesses cited and more than 31,000 pages...
Criminal Law – Appeal Against Acquittal – Rash and Negligent Driving – Essential Ingredients – Sections 279/304A IPC – Prosecution must establish not only involvement of the vehicle and driver but also that the vehicle was driven in a rash or negligent manner – Occurrence of an accident or death by itself does not raise a presumption of rashness or negligence [P...