Criminal Writ - Illegal Arrest – Grounds of Arrest Not Effectively Communicated – Violation of Article 22(1) – Petitioner alleged that accused was arrested without proper intimation of arrest grounds to relatives and in violation of constitutional rights – Held: Arrest must comply with Article 22(1), and grounds must be meaningfully conveyed – However, in present case...
Criminal Law – Framing of Charges – Prima Facie Case Under IPC – Not Under PC Act – Allegation that appellant inserted forged notes above Minister’s signature to avoid newspaper publication of tenders – CFSL confirmed handwriting match – PWD Minister denied issuing such instructions – Held: Prima facie case exists under Sections 409 and 468 IPC...
Criminal Law – Addition of Charge – Section 216 CrPC – Scope and Preconditions – Trial court allowed addition of Section 306 IPC charge against petitioner after examining prosecution witnesses under Section 216 CrPC – Held: While the court has exclusive power to alter or add charges, such power must be exercised only where materials on record disclose ingredients of t...
PIL - Domestic Violence Act – Implementation of Statutory Duties – Section 6 to Section 11 of the Act – Directions Issued – The petitioner, a public interest organization, sought effective implementation of the Protection of Women from Domestic Violence Act, 2005 – The Court found gaps in the appointment of Protection Officers, availability of shelter homes, medical a...
Protection of Children from Sexual Offences – Conviction under POCSO – Credibility of Child Witness – DNA and Medical Evidence – Aggravated Penetrative Sexual Assault – Appeal Dismissed.
Penetrative Sexual Assault – Minor Victim – Appellant, maternal uncle of the survivor aged 5 years, convicted under Sections 376(2)/506 IPC and Section 6 read with Sect...
Criminal Law – Quashing - Sections 420, 467, 468, 471, and 120B of the IPC - Forgery Allegations – Absence of Material Linking Accused to Document Creation – Quashing Allowed – Petitioner accused of forging landlord’s signature on settlement letter to regain possession of shop post-eviction – Held: No prima facie material showing petitioner authored or procured ...
Criminal Law - Juvenile Justice Act – Determination of Age – School Certificate and Birth Certificate Take Precedence – The JJB had wrongly rejected documentary evidence and ordered medical examination despite availability of school and municipal birth records – Held: Section 94(2) of JJ Act mandates preference for documentary proof – Medical opinion can only be consi...
Criminal Law – Appeal Against Conviction - Demand and Acceptance – Prevention of Corruption Act – Conviction Set Aside – The complainant alleged that the appellants demanded ₹10,000 as bribe for facilitating land possession – Trap was allegedly conducted and bribe recovered from the Circle Officer – However, material witnesses including the two independent vil...
Criminal Law – Suo Motu Revision – Conviction Beyond Trial Court Charges – High Court, during appeal by accused challenging conviction under Sections 354 and 448 IPC, exercised suo motu revision and convicted him under Section 306 IPC – No appeal or revision had been filed by State or victim – Held: High Court exceeded its jurisdiction – Revisional power u...
NDPS Act – Conscious Possession – Commercial Quantity – Bail Denied – Petitioner found present in vehicle from which 3.575 kg of charas was recovered – Court held that physical presence in a private vehicle carrying commercial quantity of narcotic substance raises presumption of conscious possession under Sections 35 and 54 of NDPS Act – No explanation from peti...