Criminal Law – Section 149 IPC – Essential Ingredient – Unlawful Assembly – Five accused persons named and charged – Two acquitted – Evidence did not establish participation of any unnamed or unidentified persons – Held: In absence of proof of five or more persons, essential ingredient of unlawful assembly under Section 141 not met – Section 149 IPC ...
Criminal Law – Murder – Reversal of Acquittal – Eyewitnesses supported prosecution version of the accused firing at deceased Rajpal Singh with licensed gun – Trial Court gave benefit of doubt due to delay in FIR entry and possible alternate explanation of injuries – High Court reversed acquittal and convicted under Section 302 IPC – Held: Though eyewitness testi...
Criminal Procedure – Cognizance of Offences Against Public Justice – Section 195 CrPC – Appellant, a Patwari, made a false report to Tehsildar alleging assault and theft by two individuals – Report ultimately found false and prosecution launched under Section 182 IPC – Held: Under Section 195(1)(a), no court can take cognizance of offences under Sections 172 to 188 IP...
Anticipatory Bail – Premature Application – Customs Act, 1962, Section 108 – CrPC, Section 438 – Anticipatory Bail Rejected - Respondents summoned by Customs authorities under Section 108 to give statements – High Court held bail applications premature but directed that in case of non-bailable offence, respondents shall not be arrested without ten days’ notice &...
NDPS Act – Section 67 – Confessional Statements – Admissibility – Conviction Upheld – Accused convicted on basis of statement recorded under Section 67 NDPS Act – Held: Officers vested with poNDPS Act – Section 67 – Confessional Statements – Admissibility – Conviction Upheld – Accused convicted on basis of statement recorded under S...
Criminal Law – Kidnapping for Ransom – Section 364-A IPC – Appellant convicted for kidnapping a 9-year-old child and demanding ₹10 lakh ransom – Victim lured on pretext of being called by father – Held in captivity across several locations – Ransom paid through an intermediary, child recovered safely – Prosecution proved abduction, detention, and demand ...
Criminal Procedure – Section 319 CrPC – Power to Add Co-Accused – Magistrate has jurisdiction to summon a person not initially named as accused if evidence during trial reveals their involvement – Held: Application under Section 319 CrPC can be made by any person, including a co-accused – No restriction that only the prosecution can seek addition – Application b...
Application for regular bail in a case involving grievous assaults stemming from prior enmity and extortion demands – alleged repeated attacks on complainant and his nephew, including within hospital premises – petitioner identified as principal assailant with multiple past criminal involvements.
Juvenile Justice – Claim of Juvenility – Retrospective Application – Section 7-A JJ Act, 2000 – Petitioner convicted for murder committed in 1981 when he was aged 12 years and 5 months – Sessions Court had extended benefit under the Children’s Act, 1960 and sent him to a children’s home – His conviction restored by Supreme Court in 2009 after High Co...
Negotiable Instruments Act – Dishonour of Cheque – Complaint Against Trustee Without Trust as Party – Maintainability – Sections 138, 141, NI Act – Question whether complaint under NI Act is maintainable against the Chairman/Trustee of a Trust without arraying the Trust as an accused – Held: A Trust is not a juristic person capable of suing or being su...