Bail Cancellation – Exercise of Suo Motu Powers – Appellant granted bail by Trial Court – High Court canceled bail citing appellant’s absconding behavior – Supreme Court emphasizes the requirement of cogent and overwhelming circumstances for bail cancellation – High Court's action deemed over-expansive for not considering the peculiarity of appellant's s...
Criminal Law - Cancellation of Bail - Justified Absence - Sections 439, 482 Cr.P.C. - Sections 25, 54, 59 of Arms Act, 1959 - Sections 148, 149, 307, 120-B IPC - Petition seeking quashing of order canceling bail and issuing arrest warrants due to petitioner's non-appearance on the specified date - Petitioner noted wrong date and missed court appearance - Explanation for absence found justified...
Criminal Law – Rape and Murder – Death Penalty – Acquittal – Investigation Lapses – No Test Identification Parade conducted – Witnesses failed to identify the accused during depositions – Prosecution failed to prove arrest, identification, discoveries, recoveries, and medical/scientific evidence – No cogent and clinching evidence to establish guilt b...
Criminal Practice – Supply of Documents – Draft Rules of Criminal Practice, 2021 – Rule 4 – Right of accused to receive the list of documents, material, etc. – Supreme Court highlighted the need for uniform guidelines for criminal trials – Noted that the right to receive documents applies after adoption of the Draft Rules – Emphasized the importance of equ...
Criminal Law - Section 138 of Negotiable Instruments Act - Premature Filing of Complaint - Criminal appeal against the dismissal of a complaint filed under Section 138 of the Negotiable Instruments Act for dishonour of cheque - Legal notice issued on 21.10.2010, complaint filed on 3.11.2010, one day before the 15-day period expired - Held, the complaint is premature and thus not maintainable - Tri...
Criminal Law – Death Sentence – Solitary Confinement – The Supreme Court held that the appellant's solitary confinement from 2006 to 2016, including during the pendency of his mercy petition, was illegal and in violation of principles established in Sunil Batra v. Delhi Administration. This confinement, coupled with the resultant psychological impact on the appellant, justifi...
Criminal Law – Review Petition – Appellant, convicted for involvement in the 2000 Red Fort attack, challenged the death penalty – Supreme Court considered admissibility of Call Data Records (CDRs) without certification under Section 65B of the Evidence Act – Previous judgments by Trial Court, High Court, and Supreme Court affirmed in the backdrop of the law prior to the dec...
Criminal Law – Circumstantial Evidence – Identification of Deceased – The Supreme Court held that identification of the deceased through superimposition is acceptable as opinion evidence but generally not relied upon solely due to its fallibility. In the absence of supporting medical evidence like a DNA report or post-mortem report, conviction based solely on superimposition is r...
Criminal Law – POCSO Act – Non-reporting of Sexual Assault – Respondent, a medical practitioner, accused of failing to report sexual assault on minor tribal girls despite knowledge – High Court quashed FIR and chargesheet – Supreme Court emphasized that non-reporting of such crimes is serious and often shields offenders – Quashing of FIR and chargesheet at thres...
Defamation – Criminal Law – Appeal against summoning order and complaint quashing – A news article titled "Mission Misconduct" published in INDIA TODAY magazine led to defamation complaints – The article reported allegations of sexual misconduct, corruption, and sale of passports by Indian officials – The complainant, a senior officer, sought action against ...