NDPS Act – Section 50 – Search of Bag Not Equivalent to Personal Search – Non-compliance with Section 50 Not Fatal – Held that a bag, briefcase or container carried by a person is not part of the human body and does not fall within the meaning of “person” under Section 50 – Therefore, the procedural safeguards under Section 50 are not attracted when a bag ...
Article 136 – Scope of Interference with Concurrent Findings – Principles Reiterated – The Court restated that while powers under Article 136 are wide, interference with concurrent findings in criminal matters occurs only in exceptional circumstances where findings are perverse, improperly reached, or shock the conscience – Applied the settled tests and found the appreciati...
Quashing of FIR – Section 482 CrPC – Domestic Cruelty and Dowry Allegations – Quashing set aside – FIR alleged beatings, abuses, tearing clothes and demand of ₹5 lakhs – High Court quashed FIR as vague and non-cognizable relying on statements in divorce proceedings – Held: At pre-investigation stage, such evaluation is premature and outside Section 482 limits ...
Condonation of Delay – Section 5 Limitation Act – Leave under Section 378(3) CrPC – Delay of 57 days – Condoned – High Court erred in a technical approach – State showed bona fide reasons including misplacement and later tracing of file, sequential processing, and counsel handling – Liberal, justice-oriented approach preferred over technicalities – D...
Murder—Unlawful Assembly—Sections 302/149 & 148 IPC—Conviction sustained – Group arrived together armed, surrounded the deceased, prevented rescue, and departed together in a jeep kept in starting position—Common object inferred from conduct, weapons, and coordinated action—Section 149 rightly applied [Paras 11-12, 17-18].
Section 149 IPC—Constructi...
Criminal Law – Murder – Dying Declaration – Victim named appellants Dilip Dey and Manoj Singh as shooters in statement recorded by police officer in presence of doctor and relatives – Statement corroborated by brothers of deceased (PWs 5 and 7) – Medical officer (PW9) confirmed victim was conscious – Objection to lack of medical certificate of mental fitness rej...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complet...
Rape Conviction – Sentence Reduction by High Court – Order Set Aside – Respondent convicted under Section 376 IPC and sentenced by trial court to seven years' rigorous imprisonment – High Court reduced sentence to period already undergone (approx. 11 months) citing respondent’s illiteracy and young age – Held: Such reasons do not meet the standard of “...
NDPS – Section 50 – Search of bag carried on head – Not a personal search – Conviction Restored – Accused intercepted carrying a bag which contained opium; trial court convicted under Sections 8/18 NDPS; High Court acquitted for alleged partial option under Section 50 – Held: Search of bag/container is not a personal search, Section 50 not attracted – High...
Criminal Appeal by State – Murder of wife followed by burning – Sections 302, 201 & 498A IPC – Acquittal set aside; Trial Court conviction restored – Respondent throttled wife Veena and set her and infant on fire; High Court’s acquittal based on misreading/ignoring vital evidence – Held: Medical and circumstantial evidence complete the chain; motive and crue...