Facts: Conviction of the appellant for offenses including murder, attempted murder, kidnapping, and violation of the Bombay Money Lender's Act related to an incident on 18th November 2010. [Para 1-4]
Issues: Examination of the reliability of child witnesses, determination of intentional murder under section 302 of the IPC, and involvement in illegal money lending. [Para 8-9, 16]
Observat...
Criminal Law - Regular Bail - Disproportionate Assets and Benami Transactions - Section 439 Cr.P.C. - Held, granting regular bail in cases of disproportionate assets where most evidence is documentary - Petitioner, an ex-MLA, alleged to have acquired assets beyond known sources of income - Bail granted considering the completion of investigation and submission of documentary evidence to the prosec...
Criminal Miscellaneous Cases - Quashing of Proceedings - Accused conductors of buses charged under Section 190(2) read with Section 196 of the Motor Vehicles Act, 1988 (MV Act) for wrongfully restraining students from boarding the buses - Alleged violation of standards related to road safety, noise control, and air pollution - Examination of whether conductors can be prosecuted under Section 190(2...
Bail Application - Criminal Antecedents - Cyber Crime - Granting of Bail - Parameters for Consideration - Pre-Trial Incarceration - Imposition of Stringent Conditions - Role of Courts in Bail Petitions - Ensuring Fair Trial and Liberty of Accused - Technology and Identification Techniques - Impersonation - Alternative Bail Conditions - Restriction on Prepaid SIM Cards - Compliance and Enforcement ...
Criminal Appeal – Conviction under POCSO Act – Appeal against conviction and sentence under Section 6 @ 10 of the POCSO Act, 2012, for sexually assaulting a 4½-year-old girl – Accused sentenced to 7 years imprisonment and fined Rs. 5,000/- – Appellant contended non-examination of vital witnesses and contradictions in statements – Public Prosecutor argued child&...
Criminal Appeals – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of directors – Compliance with the requirements of Section 141(1) – Allegations lacking in complaints – Appeals allowed.
Criminal Appeal – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of ...
Sections 333, 353, and 451 of the Indian Penal Code, 1860 (IPC) - Appellant convicted by the Sessions Court - High Court upheld conviction but reduced the sentences - Appeal before the Supreme Court confined to the sentencing part - Appellant claimed benefit of probation under Section 360 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and/or the Probation of Offenders Act, 1958 - Arguments base...
Quashing of proceedings - Alleged altercation between the appellant and respondent no. 2 in the office - Cross complaints filed by both parties - Chargesheet filed against the appellant for offenses under Sections 323, 504, and 506 IPC - Proceedings pending since 2015 - Trivial nature of allegations - Lack of progress in the case - Continuing proceedings leading to persecution and harassment - Pet...
Criminal Appeal - Validity of Sanction - Discharge of Accused - Prevention of Corruption Act, 1988, Section 13(1)(e) read with Section 13(2) - Challenge to the validity of sanction granted by the Government to prosecute the accused - Accused raising objections at various stages of trial - Trial court framing charges and examining witnesses - Accused filing interlocutory application seeking dischar...
The petitioner, Nandakumar N, is the 2nd accused in Crime No.26/2021 of Excise Enforcement & Anti Narcotic Special Squad, Ernakulam. He is charged under Sections 20(b)(ii)C, 25, and 29 of the NDPS Act. The application for regular bail is submitted due to his prolonged judicial custody. [Para 2]
The prosecution argued that the petitioner was driving the vehicle in which the contrab...