Negotiable Instruments Act – Section 138 – Acquittal – Appeal – The appellant's appeal against the judgment of acquittal was based on a statement made by the respondent agreeing to pay the disputed amount. Held: Such a statement cannot be considered a confession as it might have been made under duress or for other reasons. The appellant failed to provide evidence of goo...
Criminal Procedure – Quashing of Kalendra – Initiation of Proceedings – Petition challenging the initiation of proceedings by SHO for offences under Section 211 IPC. Held: The initiation by SHO violates mandatory provisions of Sections 195 and 340 Cr.P.C., rendering the prosecution and consequent proceedings void. Presentation of Kalendra barred by limitation under Section 468 Cr...
Section 319 Cr.P.C. - Invocation of powers - Scope and ambit - The court invoked its powers under Section 319 Cr.P.C. to summon the applicant to face trial based on evidence that indicated her complicity in the offense - The court clarified that the evidence considered for invoking Section 319 Cr.P.C. is the material collected during the inquiry or trial and not the material collected during the i...
Criminal Law – Conviction Appeal – FIR Delay – Appeal against conviction under Section 397 IPC – Incident on 23.04.1996 – FIR registered on 18.05.1996 – 25 days delay in FIR registration – Place of occurrence on busy road in thickly populated area – Complainant admitted lodging complaint on occurrence date, but no complaint exhibited – Prosecut...
Criminal Law - Conviction - Murder - Circumstantial Evidence - Last Seen Theory - Admissibility of Confession
Conviction of Main Accused - Murder - Circumstantial Evidence – Criminal appeal against conviction under Sections 302 and 201 IPC – Held: The trial court rightly convicted Simarjit Singh @ Tinku for the murder of his wife based on circumstantial evidence, including his confe...
Criminal Law – Appeal Against Acquittal – Variance in Statements – Appeal by complainant against trial court’s acquittal of accused under Sections 376 and 511 IPC – Allegations of attempted rape by prosecutrix’s brother-in-law – Discrepancies in prosecutrix's statements during different stages of investigation – Trial court found gross embellishm...
Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...
NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]
Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...
NDPS Act - Post-Trial Disposal of Confiscated Articles - Sections 60-63 of the NDPS Act - Confiscation of Car - Police took possession of the car without a formal order of confiscation - Notice under Section 60 issued to the registered owner - Mandatory provisions of Sections 60 to 63 not complied with - Special Court erroneously declined to proceed as the trial had concluded - Impugned order set ...
Criminal Proceedings – Quashing – Cheating and Criminal Breach of Trust – Dispute of non-payment of bills under a contract – Allegations of issuing dishonored cheques – High Court quashes entire criminal proceedings including order taking cognizance, finding the dispute to be primarily civil in nature. [Para 10-11]
Intention to Cheat – Importance of...