Criminal Law – Rape Conviction – Downgrade to Outraging Modesty – Appellant originally convicted under Section 376AB IPC and Section 6 of POCSO Act for allegedly sexually assaulting a girl under 12 – Victim’s consistent statements under Section 164 Cr.P.C., her deposition during trial, and medical evidence did not establish penetration – Allegations limited to t...
Juvenile Justice – Determination of Age – Appellant convicted under Sections 302 and 452 IPC for murder committed on 01.08.1993 – Contended that he was a juvenile (below 18 years) at the time of offence – Held: As per Juvenile Justice Act, 1986, age limit for male juveniles was 16 years – Since appellant was over 16 at time of offence, he was not a juvenile under the ...
Dowry Death – Section 304B IPC – Presumption under Section 113B Evidence Act – Appellant convicted for causing death of wife by poison four years after marriage – Prosecution relied on general allegations of harassment due to infertility and dowry insufficiency – No specific evidence of dowry demand or cruelty “soon before death” – Held: Prosecution ...
Criminal Procedure – Legal Aid – Denial of Effective Assistance – High Court dismissed appeal of accused under NDPS Act in absence of legal aid counsel – Counsel appointed by Legal Aid Committee failed to appear – No substitute counsel or Amicus Curiae appointed – Held: Serious procedural lapse – Accused denied meaningful opportunity of defence – Hig...
Criminal Procedure – Delay in Compliance of Supreme Court Order – Jurisdiction of Trial Court – Supreme Court had directed the Judicial Magistrate, 4th Court, Alipore to dispose of case AC-2053/2017 within six weeks from order dated 18.01.2024 – Judicial Magistrate, upon failing to conclude trial in time, passed order on 19.03.2024 declaring loss of jurisdiction due to laps...
Anticipatory Bail – Modification of Conditions – Judicial Propriety – Respondent No. 1 accused in 31 criminal cases involving serious financial offences under IPC and BUDS Act – High Court granted anticipatory bail subject to condition not to leave India without prior permission – During pendency of SLP challenging said bail order, respondent filed application before ...
Negotiable Instruments – Dishonour of Cheque – Notice – Service Not Proved – Two post-dated cheques of Rs.4 lakhs and Rs.8 lakhs issued by respondent towards repayment of alleged loan – Cheques dishonoured for insufficient funds – Complaints filed under Section 138 NI Act – Magistrate convicted accused – Appellate court reversed conviction, holding t...
Criminal Law – Murder – Conviction – Death Penalty – Appellant had resided with victims' family for four years and brutally murdered three children aged 8, 15 and 16 during the night using a sharp-edged weapon – Also inflicted grievous injuries on three adult family members – Motive was related to unpaid dues and perceived insult – Held: Eyewitness tes...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Abuse of Process – Appellants sought quashing of criminal case alleging bigamy, dowry harassment, and conspiracy – Allegations vague and delayed – No specific role attributed to accused other than husband – High Court refused to quash, holding charges can be contested at framing stage – Held...
Criminal Law – Murder – Conviction Based on Voice Identification – PW8, grandfather of accused, deposed that he identified accused Dalbir Singh by his voice during night-time assault resulting in murder – Though no other assailant was identified or named, trial court and High Court accepted PW8’s testimony – Held: Voice identification by a person closely acquain...