– Aggravated sexual assault on 4-year-old – Conviction under Section 9(m) read with Section 10 POCSO based on cogent testimony of mother and surrounding circumstances upheld despite absence of external injuries and failure of traumatized child to depose – Maximum sentence of 7 years RI reduced to 6 years RI considering period already undergone and overall circumstances – Ap...
Criminal Law – Grievous Hurt – Conviction under Section 326 IPC – Reduced to Section 324 IPC – Lack of Radiological Evidence - The prosecution failed to produce radiology reports or examine the radiologist to corroborate the claim of fracture injuries – Medical evidence was insufficient to sustain conviction under Section 326 IPC as per legal requirements &ndash...
Negotiable Instruments Act – Cheque Dishonour – Appeal Against Acquittal – Loan of Rs.6,00,000/- claimed by complainant held doubtful – Complainant failed to prove source of funds; cheque not filled in accused’s handwriting; improbable circumstance of pledging jewels and advancing interest-free loan to mere acquaintance – Defence of misuse of security cheque for...
Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...
Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Accused found inside hotel holding knife and immediately fleeing; deceased found nude with multiple injuries – Recovery of knife with deceased’s blood group – Accused offered no explanation under Section 313 CrPC for incriminating circumstances – Conduct of fleeing relevant under Se...
Criminal Revision – Framing of Charges – Attempt to Murder – Nature of Injury Not Decisive – At Charge Stage Court Not to Conduct Mini Trial – Victim’s Statement Alleging Knife Blow Aimed at Neck Creates Grave Suspicion – Injury Report Showing Deep Muscular Cuts with Bleeding – Charges under Sections 109(1) & 351(3) BNS Properly Framed – Re...
Criminal Law – Suspension of Sentence – Life Imprisonment – Section 389 CrPC – High Court’s Cryptic Orders – Failure to Consider Evidence, Role under Section 149 IPC, Gravity, Antecedents – State’s Non-appearance – Held: High Court orders unsustainable; bail cancelled; convicts directed to surrender; matters remanded for fresh consideration [Pa...
Parole – Incapacitated Elderly Convict – Delhi Prison Rules 2018 – Clemency Delay – Premature Release under Rule 1246A – Humanitarian Relief – Home Confinement Directed Pending Decision on Premature Release; State Directed to Frame Rules for Such Situations [Paras 14–16, 21–25, 30–34].
Parole – Nature, Scope & Limits – Tempor...
Criminal Law – Murder – Circumstantial Evidence – Last Seen – Extra-Judicial Confession – Strangulation – Delay/Withholding of Disclosure by Family Witnesses – Motive Absent – Sudden Provocation – Conviction of Ram Avtar Altered to Section 304 Part-II; Co-accused Visharad Acquitted – Last Seen Alone Insufficient [Paras 29–34, 45&nda...
Approver – Revocation of Pardon – Section 308 CrPC – Trial Court revoked pardon without Public Prosecutor’s certificate – Held: Though ordinarily certificate under Section 308 is prerequisite, Court may revoke pardon where approver and prosecution misled Court and where pardon was improperly granted despite overwhelming documentary evidence – Revocation justifie...