Constitutional Law – Validity of Legislation – Section 17A, Prevention of Corruption Act, 1988 – Upheld (with interpretation) – The Court examined the constitutional validity of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval for inquiry or investigation into offences committed by public servants in discharge of official functions or dut...
Criminal Law - Prevention of Corruption Act – Demand and Acceptance of Bribe – Proof – Conviction Upheld – Accused, Village Man, alleged to have demanded and accepted ₹500 as illegal gratification for facilitating transfer of Jama rights and land revenue mutation – Prosecution relied on evidence of complainant (PW1), decoy witness (PW2) and trap proceedings – ...
Defamation – False Criminal Complaint – Statements in Judicial Proceedings – Petitioners alleged that respondent lodged a false criminal complaint in 2008 causing humiliation, mental agony and reputational harm – Held: Statements made in a police complaint or judicial proceedings can give rise to prosecution under Sections 499 and 500 IPC – No absolute immunity availa...
Anticipatory Bail – National Security Offences – Alleged Syndicate for Aiding Illegal Immigrants – Seriousness of Allegations – Rejection Upheld – Appeal filed against order rejecting anticipatory bail in offences under IPC, Foreigners Act and Passport Act – Allegations of being kingpin of syndicate providing illegal assistance, financial support and settlement ...
Criminal Law – Bail – Recall of Bail Order – Distinction Between Recall and Cancellation – Petition under Section 482 CrPC filed by CGST Department seeking recall of bail granted by learned CMM – Held: Challenge to grant of bail on merits stands on a different footing from cancellation of bail based on supervening circumstances – Bail order can be interfered wit...
Preventive Detention – PITNDPS Act – Territorial Jurisdiction – Forum Conveniens – Writ Petition Dismissed – Petitioner challenged detention order passed by Joint Secretary, Department of Revenue, Government of India and rejection of representations – Though detention order and memoranda were issued from Delhi, predicate offences, sponsoring authority, records a...
Criminal Law - Sexual Offences – Rape – Deaf and Mute Victim – Conviction under Section 376 IPC challenged – Victim was deaf and dumb – Her testimony was recorded without following mandatory requirements of Section 119 of Indian Evidence Act – No videography, no record of signs/gestures, no oath administered to interpreter – Held: Evidence of victim inadmi...
Criminal Law – Dowry Death – Section 304-B IPC – Acquittal – Accused convicted by Sessions Court for dowry death and cruelty – Deceased died by falling under a train within seven years of marriage – Prosecution alleged cruelty and harassment for additional dowry – High Court examined requirement of “soon before death” – Held: Prosecution ...
Criminal Law - Dowry Death – Conviction under Section 304B IPC – Dismissal of Appeals – Deceased married in July 1991 and found hanging in matrimonial home on 28.09.1995 – Trial Court convicted husband and parents-in-law for dowry death – High Court upheld conviction holding that all statutory ingredients of Section 304B IPC were satisfied – Appeals dismissed [P...
NDPS Act – Possession of Poppy Husk – Conviction under Section 15(c) – Acquittal on Appeal – Failure to Prove Case Beyond Reasonable Doubt – Appellants convicted for possession of three gunny bags each containing about 40 kg poppy husk – Conviction challenged on grounds of contradictions in prosecution evidence and non-compliance of statutory provisions – ...