Criminal Law - Rape and House-Trespass – State Appeal Against Acquittal – Appeal Dismissed – Prosecution alleged accused entered victim’s house early morning, gagged and tied her, and committed rape—Sessions Court found material omissions in FIR, improbability of tying hands and legs without resistance, absence of injuries despite alleged force, contradictions between...
Criminal Law - Rape and Murder of Minor – Circumstantial Evidence – “Last Seen Together” – Sections 302 & 376AB IPC, Section 5/6 POCSO Act – Conviction Upheld – Appellant, related to victim, was last seen with her by four witnesses on the night of the incident – Victim found dead next morning with bleeding from private parts – Medical evide...
Criminal Law - Murder – Appeal Against Acquittal – Sections 302 & 449 IPC – Dying Declaration Found Unreliable – The State challenged the High Court’s reversal of the trial court’s conviction for murder and house trespass – The trial court had disbelieved the prosecution’s key eyewitness and convicted on the basis of dying declaration &ndas...
Constitutional Law – Gender Discrimination – Recruitment in JAG Branch of Indian Army – Notification under Section 12 of the Army Act, 1950 permits induction of women into JAG branch – Petitioners, more meritorious female candidates (Ranks 4 and 5 in female list with 477 & 447 marks) denied selection in favour of less meritorious male candidate (Rank 3 in male list with...
Criminal Law - Sentence – Life Imprisonment Fixed Term – Section 302 IPC – Sentence Complete – Release Mandated – The appellant was sentenced by the Delhi High Court to life imprisonment which was fixed at 20 years of actual incarceration without consideration of remission, affirmed by the Supreme Court – He completed 20 years of actual imprisonment on 09.03.202...
Criminal Law - Prevention of Corruption – Demand and Acceptance – Conviction and Sentence – Sections 7 & 13(1)(d) r/w 13(2) of the Prevention of Corruption Act – Appeal Partly Allowed – A-1 (Village Administrative Officer) convicted for demanding and directing acceptance of ₹500/- bribe for issuing community certificate; A-2 (Village Assistant) convicted for acc...
Criminal Law – Acquittal in Dowry Harassment and Abetment to Suicide Case – Sections 498A & 306 IPC – Appeal Allowed – Appellants (husband and co-accused) acquitted by trial court in case involving death of wife due to burns allegedly caused by gas leak – High Court, in revision by complainant, set aside acquittal and remitted case for fresh consideration ci...
Criminal Law - Murder of Wife – Sole Testimony of Child Witness – Section 302 IPC – Conviction Upheld – The accused was convicted by the trial court for murdering his wife by inflicting head injuries—Case rested substantially on the testimony of his 9-year-old daughter (PW-3), an eyewitness who was sleeping beside the deceased—She saw her father covering the dec...
Criminal Law - Sexual Assault on Minor by Father – POCSO Act S. 6 & IPC Sect. 506 – Concurrent Conviction Upheld – Petitioner convicted for repeatedly committing aggravated penetrative sexual assault on his 10-year-old daughter—Trial Court relied on clear, cogent victim testimony corroborated by elder sister, medical and forensic evidence including DNA match—High ...
Bail Application – Delay in Disposal – Personal Liberty – Supreme Court Displeasure – Petition for bail pending in Punjab & Haryana High Court since August 2023 adjourned over a dozen times, mainly at the instance of complainant or State – By impugned order, matter adjourned again after recusal by Judge – SC reiterated that courts must be sensitive in matter...