Criminal Law - Dowry Death – Suicide by Drowning – Acquittal Upheld – No Evidence of Instigation – Appeal Dismissed – Trial Court acquitted husband and in-laws of the deceased citing lack of cogent evidence of abetment or cruelty – Deceased Leelaben was living separately with husband – Medical and witness testimony failed to establish mental or physical cr...
Anticipatory Bail – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Alleged Caste Slur Not in Public View – Bail Granted – FIR alleged that the appellant insulted the complainant with caste-based remarks and orchestrated an abduction conspiracy – Supreme Court noted absence of public view element necessary to invoke SC/ST Act provisions ...
Criminal Law - POCSO Conviction – Inappropriate Touching in Tuition Class – Acquittal on Appeal – Contradictions in Victim’s Testimony – Trial Court convicted appellant under Sections 9(m) and 10 POCSO – High Court found key inconsistencies between victim’s statement, complaint, and testimonies of her parents – Held: Material contradictions and absen...
Criminal Law - Prevention of Corruption – Requirement of Sanction for Prosecution – Cognizance Without Sanction Invalid – The applicant was accused of demanding and accepting a bribe through a co-accused, leading to his prosecution under the Prevention of Corruption Act, 1988 – The competent authority denied sanction twice, yet the chargesheet was filed, and cognizance was ...
Criminal Proceedings – Alleged Damage to Gram Sabha Property – Quashing of Proceedings – The applicants were alleged to have damaged a public drain built by the Gram Pradhan – Court held that such allegations do not constitute an offence under the PDPP Act unless committed during riot or public commotion – Found that proper remedy lies under the U.P. Revenue Code, not...
Criminal Law – NI Act - Dishonour of Cheque – Conviction Confirmed – No Violation of Fair Trial – Trial Court Acted Within Discretion – Petitioner accused of issuing a cheque for ₹6,00,000 which was dishonoured due to insufficient funds – Court held that accused failed to cross-examine witnesses, ignored repeated opportunities including chance to lead defenc...
Criminal Law - Quashing - Information Technology Act – Section 67 – Privacy and Consent in Marital Relationship – Application for Quashing Rejected – The applicant-husband sought quashing of criminal proceedings initiated under Section 67 of the IT Act for allegedly making and sharing an obscene video of his wife without her consent – Held: The marital bond does...
Criminal Law - Rape Allegation – Promise of Marriage – Quashing of Proceedings – Appeal Allowed – The appellant sought quashing of criminal proceedings alleging rape and cheating on the ground that the relationship was consensual and the alleged promise of marriage, if any, came post facto – Supreme Court found that there was no inducement through false promise of mar...
Criminal Law - Murder – Common Intention – Conviction Under Section 302/34 IPC – Conviction Upheld – The appellant along with two co-accused allegedly assaulted the deceased with a knife leading to his death – Courts below found consistent eyewitness accounts confirming the appellant’s presence and role – Minor discrepancies in witness statements were not ...
Murder – Role in Homicide and Disposal of Body – Bail Granted on Parity – Petitioner accused of participating in strangulation and disposal of body along with co-accused – Co-accused already granted bail – CCTV footage placed him at scene but no direct evidence of act of killing – Court found no recovery of weapon and only one out of 36 witnesses examined in ove...
