Criminal Law – Sexual Assault – Acquittal Reversed – Trial court acquitted the respondent (father) of charges of sexual assault on his minor daughters, finding the evidence insufficient – High Court re-evaluates evidence, including statements under Section 164 Cr.P.C. and testimonies of victims consistent with sexual assault allegations – High Court concludes trial co...
Narcotics – Discharge of Accused – Trial Court Order Set Aside – Trial court discharged the respondent based on the inadequacy of evidence aside from co-accused statements under Section 67 of the NDPS Act – High Court emphasized admissibility of CDRs and additional evidence – Statements under Section 67 inadmissible under Section 25 of the Evidence Act alone but CDRs ...
Evidence – Reliability of Victim’s Testimony – Victim alleged rape by the appellant; initial FIR filed on the basis of the victim’s written report. During the trial, discrepancies arose between the victim’s written report and her oral testimony, including the sequence of events and identification of the appellant. The court found significant inconsistencies and a lack...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Criminal Law – Conviction for Gang Rape – Appellants convicted under Sections 376-D/34 and 376-DA/34 IPC, and Sections 4 & 6 of POCSO Act, 2012 – Sentenced to life imprisonment and fines – Trial Court’s decision based on victim’s testimony and forensic evidence – Appeals challenge credibility of victim and adequacy of medical evidence [Paras 1-12].
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Pre-Arrest Bail – Custodial Death Allegations – Seriousness of Offences – Petitioner, a police officer, sought pre-arrest bail in a case involving allegations of wrongful confinement, assault, and custodial death of complainant’s mother. Judicial inquiry suggested suicide, but conflicting evidence, including post-mortem reports showing multiple injuries, led to the denial o...
Anticipatory Bail – Driving under Influence – The applicant sought anticipatory bail following an accident where she was alleged to have driven a car under the influence of alcohol, causing the death of two persons. Initially charged under Sections 304-A, 279, 337, and 338 of the IPC and Section 184 of the MV Act, additional charges under Sections 304 and 427 of the IPC and Section 185...
Anticipatory Bail – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Appellant sought anticipatory bail after being accused of hurling caste-based abuses and physical assault – Co-accused granted pre-arrest bail by co-ordinate bench – Appellant contended lack of public view during alleged insult and delay in witness statements.
Inten...
Will – Validity and Proof – Attesting Witness – Appellant claimed entitlement to compensation based on a will dated January 10, 1985, executed by her husband Balwant Singh. The will was challenged by the respondents, Balwant Singh’s sons from his first marriage, on grounds of suspicious circumstances and alleged forgery. The Court held that the will was valid and properly e...
Property Law – Validity of Gift Deeds – Prior Execution – The case involved multiple appeals and cross-objections arising from disputes over two gift deeds executed by Raj Kishan. The first gift deed, dated 01.09.1997, favored Raj Pal, while the second, dated 14.10.1997, favored Raj Kishan's five daughters. The court held that the earlier executed gift deed took precedence un...