Criminal Appeal – Conviction under sections 363, 366, 376(2)(i)(n) of IPC, and section 6 of the POCSO Act – Appeal against the order of the Special Court – Contentions of the Parties – Evaluation of Evidence – Determination of Age of the Victim – Reliability of Victim’s Evidence – Defense Plea. [Para 1]
POCSO Act – Section 34(2) – Spec...
Constitutional Law – Validity of Section 50(2) of PMLA – Petitioners challenged the constitutionality of Section 50(2) of PMLA on grounds of violating Articles 14, 20(3), and 21 – Supreme Court in Vijay Madanlal Choudhary v. UOI upheld the provision – High Court followed this precedent, asserting Section 50(2) does not infringe upon constitutional rights – Petition di...
Criminal Bail Application – Abetment of Suicide – Sections 306, 504, and 506 IPC – Applicant involved in a love affair with the deceased – Allegations of threats, abduction, and rape leading to the victim’s suicide – Bail application filed during the pendency of trial.
Elements of Abetment of Suicide – Proof of direct or indirect acts of incitement requ...
Criminal Law – Bail Application – Long Incarceration – Appellant in custody for over nine years for possession and circulation of counterfeit currency under Sections 489B, 489C IPC and Section 16 of UAP Act – Trial prolonged with minimal witness examination – Supreme Court grants bail considering prolonged detention and slow trial pace, emphasizing accused’s rig...
Bail Application – Section 439 of Cr.P.C. – Principles – Petitioner accused of serious offences including attempted murder – Consideration of factors such as length of custody, completion of investigation, and absence of criminal antecedents – High Court emphasized the presumption of innocence and the principle that bail is the rule and jail is the exception.
 ...
Criminal Law – Conviction – Appeal – Validity of Evidence – Appellant convicted for repeated rape and criminal intimidation of step-daughter, aged 12, leading to pregnancy – Defense argued on grounds of improbable prosecution narrative, unreliable evidence, delay in FIR, and manipulated documents – Prosecution relied on consistent and corroborated testimonies, m...
Search and Seizure – Compliance with Legal Provisions – The appellants contended non-compliance with Sections 42 and 100(4) Cr.P.C. – Court held that since the search was conducted at 7:30 AM, during sunrise, there was no requirement for a warrant or recording the grounds of belief – Proper procedure under Section 42 of the NDPS Act was followed – Conviction upheld [P...
Service Law - Judicial Review – Departmental Enquiry – Second Enquiry Not Permissible – Petitioner challenged the initiation of a second disciplinary enquiry on the same charges after the first enquiry was completed – Court held that a second enquiry is impermissible under law if the first enquiry decided the allegations on merits – Second enquiry deemed void [Paras 1...
Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail...
Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner&rsqu...