Criminal Appeal – Conviction under sections 363, 366, 376(2)(i)(n) of IPC, and section 6 of the POCSO Act – Appeal against the order of the Special Court – Contentions of the Parties – Evaluation of Evidence – Determination of Age of the Victim – Reliability of Victim’s Evidence – Defense Plea. [Para 1]
POCSO Act – Section 34(2) – Spec...
Criminal Bail Application – Abetment of Suicide – Sections 306, 504, and 506 IPC – Applicant involved in a love affair with the deceased – Allegations of threats, abduction, and rape leading to the victim’s suicide – Bail application filed during the pendency of trial.
Elements of Abetment of Suicide – Proof of direct or indirect acts of incitement requ...
Criminal Law – Anticipatory Bail – Section 482 BNSS – Fraud and Forgery Allegations – Petitioner sought anticipatory bail in a case involving charges of fraud, forgery, and criminal conspiracy related to an alleged scheme to send the complainant's nephew abroad – The complainant alleged the petitioner’s involvement in defrauding him of Rs. 20,24,000 under th...
Criminal Procedure – Dismissal of Application under Section 156(3) Cr.P.C. – Petitioner's application for registration of FIR against respondents under Section 156(3) Cr.P.C. dismissed by the learned Metropolitan Magistrate and upheld by the learned ASJ – Allegations involved threats, trespass, and false implication in a criminal case – Petitioner sought cross FIR for e...
Preventive Detention – Non-supply of documents – Detenue challenged the detention order on grounds of non-supply of WhatsApp chats which were relied upon by the detaining authority – High Court dismissed the writ petition despite a Coordinate Bench quashing detention orders for co-accused on similar grounds – Supreme Court held that non-supply of such documents vitally affe...
Criminal Law – Discharge Petition: Petitioner sought discharge in a case involving rash and negligent driving resulting in fatalities – Trial Court dismissed the discharge petition – High Court reviewed the material and found no sufficient ground for Section 304(ii) IPC but sufficient for Sections 304-A, 337, and 338 IPC – Discharge petition partly allowed [Paras 1-14].
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Criminal Law – Quashing of Summoning Order – Distinction between Civil and Criminal Proceedings – Held – Summoning order under Section 406 IPC by the Magistrate was quashed by the Supreme Court – No prima facie case of criminal breach of trust established against the appellants – Supreme Court emphasized that mere non-payment of dues arising from a commercial tr...
Criminal Law – Rape and Aggravated Sexual Assault – Conviction Affirmed: Appellant convicted of raping a 7-year-old girl (P.W.2) and attempting to rape another minor (P.W.3) – Conviction based on the consistent and reliable testimonies of the victims, corroborated by medical evidence showing physical injuries consistent with sexual assault – Defense’s argument of fals...
NDPS Act – Regular Bail – Prolonged Incarceration: The petitioner was accused of smuggling and possessing 75 kg of poppy husk and was arrested with his co-accused. He had been in custody for 01 year, 09 months, and 20 days, with no other criminal cases against him. The trial had progressed slowly, with only three out of 17 prosecution witnesses examined. In line with precedents, the co...
Negotiable Instruments Act – Section 138 Acquittal – High Court Dismisses Appeal Against Acquittal by Trial Court – Petitioner’s Complaint Lacked Credibility – Discrepancies and Inconsistencies in Petitioner’s Testimony and Evidence – Respondent’s Defence Rebutted Presumptions Under Sections 118(a) and 139 of NI Act – Trial Court’s Findin...