Criminal Law – Discharge Application – Appellant sought discharge from charges of rape and criminal intimidation – Lower courts dismissed the application, framing charges based on prima facie evidence – Supreme Court re-evaluates the sufficiency of evidence, including contradictions in prosecutrix’s statements and lack of material evidence [Paras 1-19].
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Criminal Law - Conviction based on Testimony of Chance Witness - Appeal against conviction under Section 302 IPC - Testimony of chance witness lacked corroboration and was unreliable - Conviction set aside - The court held that reliance on an uncorroborated chance witness was rash, especially given the improbabilities in the witness's account and his delayed reporting of the incident. The chan...
Criminal Law - Conviction for Murder and Unlawful Assembly - Appellants challenged the conviction under Sections 147, 148, 302 r/w 149, and 307 r/w 149 IPC - Supreme Court upheld the conviction and sentences - Appellants' participation as part of the unlawful assembly with common object to commit murder established - No active role needed for conviction under Section 149 IPC [Paras 1-33].
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Criminal Law – Anticipatory Bail – Onerous Conditions – The High Court granted anticipatory bail to the appellant with the condition to file a joint affidavit with the complainant, undertaking to fulfill all physical and financial requirements of the complainant – The Supreme Court criticized the imposition of such impractical and onerous conditions, stating they could be c...
Criminal Procedure - Quashing of FIR based on Compromise - Section 307 IPC - High Court's power under Section 482 CrPC to quash criminal proceedings even in non-compoundable offenses if the settlement serves justice and prevents abuse of process - The court emphasized that each case should be considered on its own merits, evaluating the possibility of conviction, nature of injuries, weapon use...
Negotiable Instruments Act – Interpretation of Sections 138 and 143-A – Supreme Court affirms Bombay High Court’s interpretation that the term “drawer” in Section 143-A of the NI Act refers solely to the issuer of the cheque and does not include authorized signatories of the company. The Court held that the primary liability under Section 143-A is on the drawer, which...
Criminal Law – Dowry Death – Appeal against conviction under Sections 304-B, 201 IPC – Prosecution based on complaint by father of deceased (Bhateri) alleging dowry demand by husband and in-laws – Deceased died within seven years of marriage – Evidence showed continuous harassment for dowry by husband, leading to unnatural death – Appellants (mother-in-law and f...
Criminal Law – Conviction and Sentencing – Appeal against conviction under Sections 323, 324, 325, 326, 307 read with Section 34 IPC – Incident involved mutual injuries between complainant and accused parties – Injured Baldev Singh hospitalized for 23 days, injuries declared grievous – High Court upholds conviction based on evidence of participation by both parties in...
Criminal Law – Bribery and Corruption – Conviction under Sections 7 and 13(2) of Prevention of Corruption Act – Trial court found appellant guilty of taking bribe for restoring electric supply – Appellant argued that complainant had poor moral character and shadow witness did not support prosecution – Held, termination of complainant unrelated to moral character &ndas...
Criminal Law – Rape of Minor – Conviction under Section 376(2)(f) IPC – Appeal against conviction for raping a 7-year-old girl – Victim's testimony corroborated by medical evidence – Delay in lodging FIR explained due to non-identification of the accused initially – High Court finds testimony of the minor victim credible and consistent with the prosecution&r...