Perjury – Filing False Affidavit – High Court’s Direction to Prosecute – Appellant accused of submitting a false affidavit during bail proceedings – High Court directed the filing of a criminal complaint under Section 193 IPC – Supreme Court emphasized that a mere denial in affidavits does not meet the threshold for perjury – No evidence of deliberate fals...
UAPA – Bail – Allowed - Prima Facie Case – Appellant sought bail after rejection by the Special Court and High Court. Accused under Sections 13, 18, 18A, 20 of UAPA. The Supreme Court evaluated whether there were reasonable grounds to believe the accusations were prima facie true. Held that there was insufficient material linking the appellant to the terrorist activities of PFI, ...
Presumption under NI Act – Rebuttal – Appeal allowed – Appeal against acquittal under Section 138 NI Act – Respondent issued cheque towards loan repayment, which was dishonored – Trial Court acquitted respondent, failing to properly apply presumption under Sections 118(a) and 139 NI Act – High Court held that once execution of cheque is admitted, presumption of ...
Criminal Law – Kidnapping and Rape of Minor – Plea of Consent – Appellant convicted for kidnapping and raping a minor girl – School records and medical evidence established victim’s age as 14 years – Plea of consent dismissed as minor cannot consent – Conviction and sentence upheld. [Paras 1-27]
Victim’s Age and Evidence – Analysis – H...
Criminal Law – Conviction under Section 353 IPC – Appeal against conviction – Acquittal - Appellant acquitted on charges under the Prevention of Corruption Act but convicted under Section 353 IPC for allegedly obstructing public servants during trap proceedings – Appellant argued the evidence was insufficient to prove assault or criminal force – Supreme Court found th...
Recall of Witness – Section 311 CrPC – Denial of Adjournment – The petitioner’s counsel sought to recall the prosecutrix for cross-examination after the right to cross-examine was closed on the same day as re-examination due to counsel’s personal reasons – Trial Court rejected the application, noting that adequate opportunity had been provided – High Court...
Narcotic Drugs – Conviction – Appeal: Appellant convicted for possession and trafficking of charas (9 kg and 800 grams) – Trial Court sentenced appellant to 20 years imprisonment with a fine of Rs. 1,00,000 – Appellant’s challenge based on procedural lapses in sampling and certification as per NDPS Act and Standing Orders – High Court finds procedural irregulari...
police inspector, alleged to have disproportionate assets – Inquiry revealed expenditure of ₹16,75,329 against income of ₹4,82,695 – Held, mere acquisition of property not constituting offence, but failure to satisfactorily Prevention of Corruption – Disproportionate Assets – Acquittal – Appellant, aaccount for such possession – Appellant explained sources i...
Criminal Procedure – Dismissal of Complaint – The Trial Court dismissed the complaint under Section 256 Cr.P.C. for non-appearance of the complainant on the date fixed for hearing. The complainant argued that his absence was due to an error in noting the date by his counsel. The High Court, upon review, found that the complainant’s presence was not essential on the said date as t...
Criminal Law – Appeal against Conviction under Section 304 Part II IPC – Alteration of Sentence – High Court altered the conviction of the appellant from Section 304 Part I to Section 304 Part II IPC and sentenced him to five years of rigorous imprisonment – The appellant argued for complete acquittal, claiming self-defense, while the State supported the High Court’s ...