NDPS – Possession of 1.2 kg Charas – Section 20 NDPS Act – State Appeal Dismissed – Prosecution alleged recovery of 1.2 kg charas from accused at Sarahan bifurcation – Trial Court acquitted citing contradictions in police testimony, doubtful arrest/recovery memos, and absence of independent witnesses – High Court held suspicion cannot substitute proof, prosecuti...
Criminal Law – Attempt to Rape converted to Outraging Modesty – Sections 354/323 IPC – Conviction Set Aside – Trial Court convicted appellant for outraging modesty despite charge under Sections 376/511 IPC – High Court found victim’s evidence inconsistent with FIR, medical records, and Section 164 statement – Hostile witnesses and alternative version of in...
Criminal Law – Murder Conviction – Section 302 IPC – Upheld for Accused No. 4 – Based on testimony of four consistent eyewitnesses who specifically attributed sword blows to the accused – Minor inconsistencies held immaterial – Conviction for murder upheld despite lapses in investigation [Paras 11, 15-16].
Criminal Appeal – Acquittal of Co-Accused &ndas...
POCSO Conviction – Appeal Dismissed – Testimony of Child Victim Found Reliable – Conviction Upheld – The appellant challenged his conviction under Sections 5(m), (n), and (p) read with Section 6 of the POCSO Act and Sections 377 and 380 IPC for sexually assaulting a 6-year-old boy – The Trial Court had sentenced the appellant to 20 years RI – On appeal, the High...
Criminal Law - Section 482 Cr.P.C - Inspection of Judicial Records – Enforcement Directorate’s Right – Rule 2, Chapter 16, Part C, High Court Rules – Inspection Allowed – Petitioners objected to ED inspecting IT Department’s complaint records before the Magistrate, arguing secrecy under Article 28 of Indo-French DTAA – Court held Rule 2 allows even strange...
Criminal Law – Section 326 IPC – Stabbing with Knife – Conviction Upheld – Appellant convicted for causing grievous hurt by stabbing neighbour in drunken state – Defence argued that witnesses were related and contradictory, no independent witnesses or recovery of weapon – Held: Evidence of injured witness (PW2) and his son (PW1), corroborated by medical officer ...
Criminal Law - Section 21(c), 29, and 52A of the NDPS Act – Clubbing of Contraband Quantity – No Presumption of Conspiracy – Conviction Set Aside – The appellant and co-accused were apprehended together and found with 125g and 130g of heroin respectively – Held: Mere physical proximity does not justify presumption of common intent or conspiracy – No evidence led...
Anticipatory Bail – Allegations of Rape and Sexual Assault – IPC Sections 376(1), 377, 354A – Bail Granted - The appellant, alleged to be a spiritual leader, was accused of sexually exploiting a married woman and others – The FIR was lodged after delay, and the High Court had rejected anticipatory bail – Supreme Court noted earlier grant of interim protection and foun...
Anticipatory Bail – Economic Offences – Involvement in Fraudulent Investment Scheme – Bail Denied – The applicant, a partner in a firm accused of running a fraudulent investment scheme, sought anticipatory bail under Section 482 of the BNSS – FIR revealed a large-scale conspiracy involving collection of over ₹130 crores from investors through false promises – ...
Theft Case – Conviction under Section 379 IPC – Sole Reliance on Recovery Evidence – Not Sustainable – Petitioner convicted for snatching ornaments from complainant’s wife – Neither complainant nor witness identified accused – No test identification conducted – Conviction rested entirely on recovery of ornaments under Section 27 Evidence Act – ...