Criminal Law – Child Trafficking – Compliance with Directions – Victim Compensation and Education – Court reviewed the status of compliance with directions issued in the judgment dated 15.04.2025 – Held: Regarding education (Para 81h), trafficked children must be admitted to schools in accordance with the RTE Act, 2009; for children under 5, admission to be secured up...
Negotiable Instruments Act – Section 138 – Cheque Dishonour – Company as Drawer – Complaint under Section 138 filed against director (Appellant) without arraigning the company due to its winding up – Appellant convicted by Trial Court and sentenced to two years’ imprisonment with ₹8.1 crore compensation – Appellate Court directed deposit of 20% of compen...
Criminal Law – Quashing of Complaint – Jurisdiction under Section 482 CrPC – High Court quashed complaint under Section 138 N.I. Act holding that the cheque was not issued for any debt or liability – Held: The High Court exceeded its jurisdiction by examining disputed facts at pre-trial stage and conducting a roving enquiry into the existence of debt/liability – Compl...
Criminal Law – Murder – Conviction – Affirmation – Deceased widow set ablaze for resisting sexual advances – Medical evidence proved homicidal death due to 60% burns – Hostile witnesses not fatal – Presence of accused and flight from scene proved through corroborative testimony – Dying declarations recorded by police officer and Magistrate found reli...
Criminal Law – Murder - Circumstantial Evidence – Last Seen Theory – Acquittal – Conviction based solely on “last seen together” without corroborative evidence is unsustainable – Appellant alleged to have taken deceased on motorcycle and later found to be dead – Trial Court and High Court convicted based on testimonies of PW-18 and PW-20 – Supr...
Criminal Law – Road Accident – Identification of Vehicle – Conviction under MV Act Partly Restored – Trial Court acquitted the accused for want of clarity on vehicle identification and ownership – Appellate Court reversed the acquittal under Sections 134(a) & (b) r/w 187 of MV Act based on corroborative circumstantial evidence including repair records, expert opin...
Negotiable Instruments – Cheque Dishonour – Financial Capacity – Section 138 NI Act – Accused issued cheque of Rs.5,00,000 which was dishonoured for insufficient funds – Trial Court acquitted accused holding complainant failed to prove her financial capacity to lend the money – Appellate Court held that unless accused disputes financial capacity with evidence, p...
Criminal Law – Murder Conviction – Bail – Suspension of Sentence – High Court granted bail to co-accused (father and son) convicted under Section 302 read with Section 149 IPC citing delay in FIR submission and absence of original inquest report – Supreme Court held such grounds irrelevant and unsustainable – Convicts were armed and actively participated in a pr...
Criminal Law – Rape and Murder – Acquittal – Appellant convicted under Sections 376 and 302 IPC for allegedly raping and murdering a 13-year-old girl in a secluded area – Trial Court relied on extrajudicial confessions made before a co-villager (P.W.3) and a doctor (P.W.11) and on the appellant’s suspicious conduct at the crime scene – High Court finds that neit...
Motor Accident Compensation – Enhancement – Quantum of Compensation – Appeal against award granting Rs.1,73,100/- for death of deceased aged 50 years – Claimants sought enhancement on ground of incorrect assessment of income and non-application of settled principles – Held: Award liable to be modified applying correct minimum wages, future prospects, multiplier and co...