Criminal Law – Quashing of Proceedings – Protection under Section 197 CrPC – Custodial Violence Alleged – Petitioner, a Sub-Inspector, sought quashing of complaint citing absence of prior sanction under Section 197 CrPC – Complaint alleged illegal detention, physical assault, custodial abuse, and humiliation of complainant and her brother by police inside the police s...
Criminal Law – Rape – Age of Victim Not Proven – Acquittal – Prosecution failed to establish that the victim was a “child” as defined under Section 2(d) of the POCSO Act – Birth certificate (Exhibit P8) obtained on court order shortly before complaint, with no production of the court order or supporting documents under Section 13(3) of the Registration of ...
Muslim Law – Remarriage with Divorced Husband – Halala – Respondent claimed to have remarried petitioner after prior divorce – Evidence revealed existence of intervening marriage with another man, but no proof of its dissolution was provided – Under Muslim law, remarriage with divorced husband is void unless intervening marriage is consummated and lawfully dissolved (...
Criminal Law – Sentence Reduction – Compromise – Appellants convicted under Section 326 IPC and Section 3(1) of the TNPPDL Act for assault and property damage – Sentenced to five years and two years respectively (to run concurrently) – High Court affirmed conviction and sentence – In appeal before Supreme Court, compromise entered between parties – Appella...
Criminal Law – Rape of Minor – Sentence Modification – Appellant convicted under Section 376(3) IPC and Section 6 POCSO Act for sexual assault on a minor girl aged 15–16 years – Sentenced to life imprisonment till natural death by Trial Court – Conviction upheld by High Court – Supreme Court, while upholding conviction, modified sentence to 25 years of act...
Criminal Law – Section 406 IPC – Stridhan – Effect of Divorce by Mutual Consent – Complainant filed case for recovery of Stridhan after divorce – Held: Once the marriage is dissolved by a decree of divorce by mutual consent based on a settlement, and no liberty is reserved to continue criminal proceedings, the wife is estopped from continuing proceedings against the h...
Criminal Law – Appeal against Acquittal – Appreciation of Evidence – Prosecution alleged accused abused complainant by caste and assaulted him – Held: There were material contradictions in the testimonies of the complainant and eye-witnesses regarding the presence of accused and the weapon used. The FIR did not name the first accused. Prosecution failed to prove the case be...
Criminal Writ - Habeas Corpus - Preventive Detention – Right to Representation – Failure to Inform – Violation of Article 22(5) – Context of detention order passed by District Magistrate under NSA – Held: Article 22(5) of the Constitution confers two distinct rights: the right to be informed of the grounds of detention and the right to be afforded the earliest opportu...
Criminal Law – NDPS Act – Bail – Commercial Quantity – Section 37 – Applicant found with 460 grams of MD (Commercial Quantity) – Held: The rigors of Section 37 apply. The Court must be satisfied that there are reasonable grounds to believe the accused is not guilty. Given the recovery and circumstances, such satisfaction cannot be recorded. [Paras 12-14]
&nbs...
Criminal Law – Rape under Section 376 IPC – POCSO – Leave to Appeal Against Acquittal – Refusal – Child Witness – Material Contradictions – Tutoring Not Ruled Out – Matrimonial Discord Between Parents – Possibility of False Implication – Trial Court’s View Reasonable – Double Presumption of Innocence – No Interference Wa...