Criminal Law – Conviction under Section 324 IPC – Voluntarily causing hurt by knife – Conviction Upheld – The appellant was convicted by the Trial Court for assaulting PW-1 with a knife, causing incised injury on the wrist – Conviction affirmed by High Court in revision – Defence of false implication due to animosity and non-recovery of knife rejected – He...
Article 136 – Scope of Interference with Concurrent Findings – Principles Reiterated – The Court restated that while powers under Article 136 are wide, interference with concurrent findings in criminal matters occurs only in exceptional circumstances where findings are perverse, improperly reached, or shock the conscience – Applied the settled tests and found the appreciati...
Criminal – Murder — Sections 302, 376, 458, 460, 34 of IPC - Child Witness — Sole Evidence — Identification of Accused — Delay in Recording Statement — Held: Conviction based solely on testimony of child witness aged 7 years who was injured in incident is not safe in absence of corroborative evidence — Delay of three days in recording statement under Secti...
Juvenile Justice – Applicability of 2000 Act – Age to be Reckoned on Date of Offence – Limited Protection – Respondent was above 16 years but below 18 years on date of offence committed in 1999 and had crossed 18 before the 2000 Act came into force – Held: Age for determining juvenility must be reckoned as on date of commission of offence under the 1986 Act – 20...
Criminal Law – Abuse of Process – Quashing of Proceedings – Bank officers encashed guarantors’ FDRs after loan default – Guarantor filed complaint under Sections 409, 422, 426 and 120B IPC alleging conspiracy and breach of trust – FIR against borrower and guarantors already lodged by bank – Held: Complaint was a counter-blast and lacked any specific allega...
Criminal Law – Reversal of Acquittal – Conviction Restored – The Trial Court convicted the respondent under Section 302 IPC for murder based on consistent eyewitness testimony, post-mortem findings, and recovery of weapon – High Court reversed the conviction citing irregularities in the firing range test, ballistic report, and credibility of related witnesses – Held: ...
Criminal Law – Conviction under Section 302 read with Section 34 IPC – Appeal Dismissed – The appellant challenged his conviction for murder, asserting he had no active role in the incident and that the evidence of related witnesses was unreliable – The Supreme Court upheld concurrent findings of the Trial Court and the High Court, holding that the evidence of eyewitnesses ...
Criminal Law – Murder Conviction under Section 302 IPC – Conviction Affirmed – The appellant challenged the concurrent findings of the Trial Court and High Court convicting him for murder on several grounds including contradictions in medical and ocular evidence, delay in FIR, defective investigation, non-examination of witnesses, and denial of alibi – The Supreme Court fou...
Company Law – SFIO probe – Whistleblower sought copies of complaint & annexures – Special Court directed “Issue CC on usual terms” without reasons – High Court quashed – Held: Stranger not entitled to complaint/annexures; only investigation report permissible under Section 212(13) Companies Act – Orders unsustainable – Applications re...
Criminal Law – Conspiracy – Sections 120B/302/109 IPC – Substratum of Prosecution Case – Principal Alleged Conspirator Discharged – Respondent charged with conspiring with Dr. Sanjay Singh to murder Syed Modi; Dr. Sanjay Singh and Amita Kulkarni earlier discharged, their discharge affirmed up to Supreme Court – Held: With the alleged main conspirator discharged ...