Matrimonial Law - Maintenance – Suppression of Material Facts – Domestic Violence Proceedings – Overlapping Jurisdiction – Family Court dismissed wife’s maintenance petition solely on the ground that she suppressed the fact of receiving interim maintenance under the DV Act – High Court held that mere non-production of interim maintenance order cannot result in o...
POCSO – Child Rape – Conviction Upheld – Appellant convicted for aggravated penetrative sexual assault on 9-year-old neighbour – Victim’s consistent testimony supported by parents’ depositions – Delay in FIR explained as due to absence of father and social stigma – Medical report noting possibility of penetration and absence of hymen corroborated &nd...
Criminal Law – Quashing of FIR and Charge Sheet – Section 195 Cr.P.C. – Proceedings Without Court’s Concurrence Illegal – FIR registered by CBI against petitioner A.G. Ponmanickavel, a former IGP of Idol Wing and Court-appointed Special Officer, based on complaints by R2 (Kader Batcha), who himself was accused in prior idol theft cases – Allegations pertai...
Criminal Law – Dowry Death – Appeal Against Acquittal – Deceased wife allegedly harassed for dowry and committed suicide by fire – Trial Court acquitted husband and in-laws under Section 304B IPC citing contradictions between witness statements and dying declaration – High Court held that dying declaration lacked any mention of dowry harassment – Close relatives...
Criminal Law – Magistrate’s Direction to Register FIR – Revision – The revisionists challenged the order of the Additional Chief Judicial Magistrate, Hathras directing the police to register an FIR under Section 156(3) CrPC – High Court held that such an order is interlocutory in nature and not open to revision at the instance of a person against whom neither cognizan...
Criminal Law - Electricity Act, 2003 – Theft of Electric Lines – Conviction – Accused convicted for theft of copper wires from 66 K.V. electricity transmission line under Section 136 of Electricity Act read with Section 379 IPC – Prosecution proved interruption of supply, theft of 800 meters of copper wire and recovery of stolen material at the instance of accused – C...
POCSO Act – Aggravated Penetrative Sexual Assault – Conviction – Appeal Dismissed – Appellant convicted under Section 6 of POCSO Act for committing repeated rape on a minor girl aged about 13 years, resulting in pregnancy – Trial Court sentenced appellant to rigorous imprisonment for ten years – On appeal, High Court finds no perversity or illegality in apprecia...
Criminal Law – Appeal against Acquittal – Scope of Interference – State challenged acquittal of respondents for offences under Sections 323/427/308/506/34 IPC – High Court reiterated that interference with acquittal is permissible only when findings are perverse or manifestly illegal – Trial Court’s view found to be a plausible view based on evidence – Hel...
Criminal Law – Murder and Gang Rape – Conviction Based on Circumstantial Evidence – Accused were convicted by the trial court for rape and murder of a 19-year-old woman whose body was recovered from a well four days after she was reported missing – Conviction based on alleged last seen theory, motive of failed love affair, and statements of family members – High Court...
Criminal Law – Quashing of Proceedings – Dowry Harassment – In-laws – Appellants (parents-in-law of complainant) sought quashing of proceedings initiated under Sections 498A, 323, 504 IPC and Sections 3 and 4 of the DP Act – FIR and charge sheet contained vague and omnibus allegations without specifying acts of cruelty or dowry demand by appellants – Supreme Cou...