POCSO Conviction – Interpretation of Penetrative Sexual Assault – Section 6 POCSO – Conviction Modified – Appellant was convicted under Section 376AB IPC and Section 6 POCSO for allegedly touching private parts of child – Medical evidence and victim’s consistent statements showed no penetration – Held: Offence does not meet threshold for penetrative sexual...
Bail in UAPA Case – Continued Incarceration – Bail Granted – Accused facing charges under UAPA and IPC for alleged association with banned organization and money transactions – Appellant incarcerated for over 2 years and 7 months – Only 3 witnesses examined so far – Trial likely to be prolonged – Some co-accused already granted bail – Court finds ove...
Criminal Law – Quashing of FIR - Abetment of suicide – FIR alleged illicit relationship between police constable (deceased) and applicant – No proximate act, instigation, or mens rea shown – Mere suspicion not enough – Continuation of trial would be abuse of process – FIR, charge sheet and Sessions Case quashed [Paras 18–27].
Abetment of suicide –...
Murder of SI during patrol – Common intention – Section 34 IPC not attracted as appellant apprehended before firing – No recovery/no overt act – SC/ST Act s.3(2)(v) and Arms Act s.27 not made out – Entire conviction set aside – Appellant acquitted and released [Paras 39–42].
Criminal Law – Common intention – Section 34 IPC – Appellant ...
Criminal Law – Murder – Common Intention – Section 302/34 IPC – Seven eyewitnesses deposed that appellants 2, 3 & 4 restrained the deceased while appellant 1 stabbed his neck and chest – Medical evidence corroborated deep clean cut injuries – Court held appellants acted in concert with predetermined plan – Non-mention of Section 34 in trial court&rsquo...
Criminal Writ - Child Custody – Habeas Corpus – Biological Parent vs. Grandparent – Petitioner, biological father and natural guardian, sought custody of son from maternal grandmother – Respondent contended emotional bond, financial incapacity of father, and pending custody proceedings – Held: Biological parents’ right to custody prevails unless welfare of child...
Negotiable Instruments Act – Cheque Dishonour – Material Alteration – Sections 87, 138, 118(a), 139, NI Act – Cheque issued for ₹7 lakhs returned unpaid for “insufficient funds” – Accused admitted issuing cheque but alleged alteration in account number and limited liability of ₹1.92 lakhs – Evidence (CW1 testimony) confirmed alteration from CD-59...
Negotiable Instruments Act – Cheque Dishonour – Presumption under Ss. 118(a), 139 – Rebuttal – Complainant alleged advancing ₹2,50,000/- loan, cheque dishonoured for “insufficient funds” – Accused admitted issuing cheque but claimed it was blank and misused; pleaded he borrowed only ₹50,000/- and repaid – Complainant’s income shown as ₹20...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – Effect of signed blank cheque – Accused admitted signature but contended cheque was issued as security and misused – Held: once signature admitted, statutory presumption of legally enforceable debt arises; mere plea of security cheque or filling up of contents by another does not invali...
Anticipatory Bail – Forged Court Order – BNSS S.215 and Territorial Jurisdiction – Application Rejected – Applicant sought pre-arrest bail in FIR alleging fabrication of a JMFC Pune order used to secure advantage in prior proceedings – Held: Vimantal PS could register/investigate despite territorial objections; S.215 BNSS inapplicable as the forged “order”...