Criminal Law – POCSO and Rape – Conviction Reversed – Appellant convicted under Section 376 IPC and Section 6 of the POCSO Act for alleged rape of a minor victim, who later delivered a child – Trial Court relied on the victim's birth certificate and statement recorded under Section 164 CrPC to conclude the victim's minority and convict the accused – High...
Criminal Law – Bail under PMLA – Allegations of Money Laundering – Petitioners accused of raising funds for unlawful activities under the guise of donations for Popular Front of India (PFI) – Alleged proceeds of crime were used to incite violence, disturb communal harmony, and fund terrorism – Petitioners in custody for over 2 years – Held: No prima facie case u...
Criminal Law – Narcotic Drugs and Psychotropic Substances Act – Bail Application – Rejection – Bail under Section 37 – Stringent Conditions – Petitioner Amritpal Singh filed for regular bail in a case registered under Sections 8(c)/21(c)/23(c)/29 of the NDPS Act for alleged involvement in drug trafficking. The case involved smuggling of 102.784 kg of heroin conc...
Divorce by Mutual Agreement – Recognition of Mubara’at – Declaration of Divorce Granted – The appellant sought a declaration of matrimonial status after claiming to have given triple talaq. The matter was resolved through a mubara’at (mutual agreement) dated 15.06.2024, wherein both parties agreed to dissolve the marriage subject to payment of Rs.30,00,000/- by the ap...
Public Servant – Necessity of Sanction for Prosecution – Section 19 of PC Act and Section 197 of CrPC – Charges Quashed – The petitioner, who was the Sarpanch at the time of the alleged offense, was charged under Sections 13(1)(c)(d) and 13(2) of the PC Act, and Sections 409 and 467 IPC, for misappropriation of public funds and forgery in connection with the construction of...
Criminal Law – Last Seen Theory – Applicability in Circumstantial Evidence – Conviction Upheld – The appellant Surya Kanta Behera @ Katiki was last seen accompanying the deceased on the evening of 12.12.2007 on a motorcycle. Hours later, the appellant returned alone with the deceased’s motorcycle, offering no explanation for the deceased's whereabouts. The proximi...
Criminal Law – Abetment of Suicide and Cruelty – Quashing of Complaint – Lack of Specific Instigating Act – Application under Section 482 of CrPC – Petition by Accused No. 4 to quash the complaint in S.C. No. 539/2021, involving charges under Sections 498(A), 306 read with 34 IPC, alleging that petitioner, along with her family, subjected the victim to cruelty which u...
Criminal Law – Rape and Murder of Minor – Conviction – Appeal against Death Sentence – The appellant, aged 61, was convicted by the Special Court for kidnapping, raping, and murdering a 5-year-old girl – Death penalty imposed by the trial court under the POCSO Act, IPC Sections 302 and 376AB, and SC/ST (Prevention of Atrocities) Act challenged – High Court modif...
Criminal Law – Appeal Against Conviction – Acquittal – Appellant convicted for the offence under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POCSO Act by the trial court – Sentenced to 10 years’ rigorous imprisonment – Allegation of sexual assault on a deaf and mute minor girl by the appellant – High Court analyzed the inconsistencies, lacu...
Criminal Law – Joint Recording of Section 313 Statements – Defective Procedure – Vitiation of Trial – Statements under Section 313 Cr.P.C. of co-accused Lakha Singh and Swaran Singh recorded jointly – Held: Such joint recording causes ambiguity and violates the statutory purpose of personal explanation of circumstances – Procedural defect curable by remand, but ...