Anticipatory Bail Application – Allegation of sexual assault on a minor – Petitioner seeks anticipatory bail under Section 438 of the Code of Criminal Procedure – Prosecution alleges offenses under Sections 363, 370(4), 376(1) of IPC and Section 4 read with Section 3 of the POCSO Act – Allegation is that petitioner sexually assaulted a minor girl, promising marriage –...
Conviction Under NDPS Act: Petitioner convicted and sentenced under Sections 8/15(c) of NDPS Act; challenges conviction citing procedural irregularities and incorrect legal interpretation by the trial court - [Para 1].
Contention on Seizing Officer's Authority: Petitioner argues non-compliance with Section 42 of NDPS Act; seizing officer not authorized as S.H.O., thus rendering the search a...
Criminal Law – Discharge Rejection – Appeal against order refusing discharge from rape and criminal intimidation charges based on DNA evidence showing petitioner not the father of victim’s child – High Court finds dismissal justified as lack of paternity does not conclusively negate the alleged rapes on various occasions – Decision to continue trial emphasized need fo...
Cancellation of Anticipatory Bail – Manipulation of Evidence – Criminal Misc. Case No. 9138 of 2023 before the High Court of Kerala at Ernakulam – Petitioner's appeal for cancellation of anticipatory bail granted to the 7th respondent, who was accused of multiple crimes including rape and forgery – High Court cancels bail citing manipulation of evidence and non-complian...
Criminal Law – Negligence and Causation – Conviction under Section 304A IPC for causing death by negligence – Appellant convicted for causing death by rash and negligent riding, hitting the victim with his motorcycle – Evidence supported by eyewitnesses and corroborated by victim’s wife and son – High Court upholds conviction but modifies sentence. [Paras 3-10]
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Detention under Telangana Prevention of Dangerous Activities Act, 1986 – Challenging the detention of Md. Nizamoddin under Section 3(2) of the Act – Alleged as a ‘Sexual Offender’ for committing sexual assault on a minor girl multiple times, resulting in pregnancy. [Para 2-4, 9]
Contention of Petitioner – Detention order issued without proper subjective s...
Criminal Procedure – Recall of Order – Petition for recalling of order dismissing previous revision as ‘Not Pressed’ based on misconceptions about the continuation and nature of investigation – Court discusses extensive precedents on powers under Section 482 Cr.P.C. to recall orders for securing justice and preventing abuse of process – Held, recalling of the di...
Criminal Law – Application for Judge’s Recusal – De facto complainant, Sheshadri Goswami, requests the recusal of the current bench and reassignment to Hon’ble Justice Tirthankar Ghosh, who previously handled a related matter – Goswami alleges poor handling of a financial fraud case involving a company where he represents 17 victim investors – Initial FIR filed ...
Criminal Law – Foreigners Act – Conviction under Section 14C – Appeal against Trial Court’s conviction for harboring foreigners without valid documents – High Court finds insufficient evidence of appellant’s knowledge or involvement in the harboring of foreigners – Held, conviction set aside – Acquittal of appellant from charges under Section 14C of ...
Regular Bail – Delayed Release – Compensation for Illegal Incarceration – The convict, who had been granted regular bail by a previous court order, remained in jail due to negligence on the part of jail authorities, causing a delay in his release. The court acknowledges the serious lapse on the part of the jail authorities and grants compensation of Rs. 1,00,000/- to the applican...