Criminal Law - Quashing - Information Technology Act – Section 67 – Privacy and Consent in Marital Relationship – Application for Quashing Rejected – The applicant-husband sought quashing of criminal proceedings initiated under Section 67 of the IT Act for allegedly making and sharing an obscene video of his wife without her consent – Held: The marital bond does...
Murder – Role in Homicide and Disposal of Body – Bail Granted on Parity – Petitioner accused of participating in strangulation and disposal of body along with co-accused – Co-accused already granted bail – CCTV footage placed him at scene but no direct evidence of act of killing – Court found no recovery of weapon and only one out of 36 witnesses examined in ove...
Criminal Law – Conviction Under Section 498-A IPC Without Specific Charge – Conviction Set Aside – The appellants were initially charged under Section 306 IPC for abetment of suicide but were acquitted of that charge – However, the trial court convicted them under Section 498-A IPC despite the absence of a specific charge – Held: Section 498-A IPC is not a lesser offe...
Bail – Offence under POCSO Act – Allegation of Rape of Minor Niece – Bail Denied – The petitioner was accused of sexually assaulting his 7-year-old niece – Medical report did not rule out sexual assault – Victim’s testimony supported by obscene photographs found on petitioner’s mobile phone – Held: Considering the gravity of the offence, the pe...
Criminal Law - Penal Code – Section 302 vs. 304 Part II – Medical Evidence Inconclusive – Conviction Altered – The Supreme Court upheld the High Court’s reduction of conviction from Section 302 read with 149 IPC to Section 304 Part II – Held: Post-mortem report and doctor’s deposition failed to conclusively establish death resulted from injuries caused by ...
Anticipatory Bail – Allegation of Forged Certificates – Parity with Co-Accused – Bail Granted till Police Report – The applicants were accused of submitting forged documents for pharmacist registration – Held: Since co-accused similarly placed had been granted anticipatory bail and no distinguishing factor emerged, applicants are entitled to same protection – Ba...
Criminal Law - Appeal against acquittal - Confessional Statements under TADA – Voluntariness and Procedural Safeguards – Rejection Upheld – The Supreme Court reaffirmed that strict compliance with Section 15 of TADA and Rule 15 of TADA Rules is essential to admit confessions – The confessional statements of three accused recorded by a single officer were held inadmissible d...
Criminal Law – Acquittal Set Aside – Appeal by the de facto complainant and the State against the acquittal of accused persons for offences under Sections 143, 147, 148, 323, 324, 341, 354, 307, 447, 504 read with 149 IPC – Sessions Court acquitted accused on 04.02.2017 – High Court found that a counter-case was registered against the complainant's side but was not comm...
Bail – Proviso to Section 45(1) PMLA – Old Age and Infirmity – Bail Granted – Petitioner aged 86 years with multiple age-related ailments including cognitive impairment, dementia, and history of falls – Held: Petitioner falls within the category of “infirm” under the proviso to Section 45(1) of the PMLA – Not required to satisfy twin conditions under...
Criminal Law – Anticipatory Bail – Injury Not Grievous – Bail Granted – Petitioner sought anticipatory bail in a case involving an attack with deadly weapons—Prosecution alleged he inflicted a sword blow on the victim’s right arm—Held: Petitioner was not the main accused, and the grievous injury was attributed to co-accused—Considering absence of pri...
