Dowry Death - Presumption under Section 113B of Evidence Act - Appeal against Conviction - Death caused by consumption of pesticide (Aluminum Phosphide) - Held, once prosecution proves ingredients of dowry death, presumption under Section 113B arises, shifting onus to accused to prove innocence - Conviction upheld for husband Ranjit Singh. [Para 11-12]
"Soon Before" Death - ...
NDPS Act - Section 42 - Appeal against Conviction - Non-compliance - Secret information regarding transportation of contraband received but not reduced to writing - Trial Court wrongly recorded compliance - Section 42 mandatory, not directory - Appellant acquitted for non-compliance with Section 42. [Para 14]
NDPS Act - Section 52-A - Procedure for Producing Contraband - Contraband no...
Criminal Law - Appeal against Conviction - Hostile Witnesses - Section 307 IPC, Section 25 Arms Act - Appellant shot at complainant causing injury - All key witnesses declared hostile - Recovery of empty cartridge and country-made pistol from appellant - Conviction upheld based on forensic evidence linking bullet to pistol recovered from appellant - Sentence modified to period already undergone du...
NDPS Act - Compliance with Section 42 - Conviction Challenged - Search and Seizure from Private Vehicle - Secret information not reduced to writing - No evidence of information conveyed to senior officer - Held, a private vehicle does not qualify as a 'public place' under Section 43 - Provisions of Section 42 are mandatory - Conviction set aside due to non-compliance with Section 42. [Para...
Narcotic Drugs and Psychotropic Substances – Procedural Irregularities – Conviction Appeal – Non-compliance with Sections 100 and 165 CrPC amounts to mere irregularity – Evidence of official witnesses deemed credible – Conviction upheld – Sentence reduced considering the appellant’s age and trial duration. [Paras 1-12]
Evidence Law – Cre...
Transfer of Investigation – Denial of Transfer to CBI – Petitioner's request for transfer of investigation to CBI in a case involving allegations of assault, gang rape, and death of petitioner’s mother denied – Court found that the police and trial court had adequately addressed the concerns raised, with further investigation directed by the trial court where necessary....
Criminal Procedure - Maintenance - Section 125 CrPC - Petition challenging maintenance granted to wife after 13 years of compromise and lump sum alimony - Held, petition under Section 125 CrPC justified to maintain wife and daughter for a respectable life - Filing of maintenance petition not misuse of process of law - Petition dismissed. [Para 14]
Financial Condition and Employment - ...
Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]
Ma...
Criminal Procedure Code 1973 (CrPC) – Section 482 – Quashing of criminal complaint – Unexplained inordinate delay must be taken into consideration as a crucial factor for quashing a criminal complaint – Over four-year gap between initial investigation and complaint filing, with no evidence provided to sustain the claims – High Court must detail cases to prevent miscar...
Criminal Procedure Code 1973 (CrPC) – Section 427 – Sentence on offender already sentenced for another offence – Theft of electricity – Sentences in nine cases – If a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the impriso...