Criminal Law - Seizure of Vehicles – Supardari - Jurisdiction of District Collector – Validity Upheld – Petitioners challenged the orders of District Collector Banswara releasing vehicles seized under the Rajasthan Bovine Animal Act and Prevention of Cruelty to Animals Act, contending lack of jurisdiction and necessity of approaching Magistrate – Held: District Collector is...
Criminal Law – Revision Against Charge - Criminal Conspiracy and Corruption in Educational Appointments – Sections 7, 13(2) r/w 13(1)(d) P.C. Act, and Sections 120B, 477A, 471, 417, 420, 201 IPC – Charges Upheld – The petitioner, President of Dakshin Bharat Hindi Prachar Sabha, challenged the trial court’s order rejecting discharge and framing charges under P.C. Act a...
Criminal Revision – Discharge - Criminal Conspiracy – Forgery of Land Records – Discharge Rejected – Prima Facie Offence Established – Accused Nos.1 and 9 alleged to have encroached 3.77 acres of government land using a forged patta and false sale deed – The land in question was wrongly shown as private property through impersonation and fabricated documents &nd...
Criminal Law – Conviction for Voluntarily Causing Hurt and Trespass – Sections 452, 323, and 325 IPC – Sentence Modified – The petitioner was convicted by the Trial Court and sentenced to two years’ rigorous imprisonment under Sections 452 and 325 IPC and one year under Section 323 IPC, with fines – Conviction upheld by Appellate Court – In revision, petit...
Criminal Law - Bail – Second Regular Bail Application – No Change in Circumstance – Dismissed – Applicant filed second bail application citing prolonged custody exceeding three and a half years – No substantial change in circumstances since first application – Court held that seriousness of offence and role played by applicant in the sexual assault of minor boys...
Criminal Law - Murder – Conviction Based Solely on Circumstantial Evidence – Standards of Proof – Supreme Court Orders Acquittal – Appeal against concurrent conviction under Section 302 IPC for alleged drowning of minor children by their mother – The Court found that the prosecution’s case rested solely on the testimony of a single witness (PW-2), whose evidence...
Criminal Law - Suspension of Sentence – Parameters under Section 389 CrPC – Grant of Bail after Conviction under POCSO Act – Order Set Aside – The appeal by the father of the prosecutrix challenged the High Court's order suspending the sentence of Respondent No.2, convicted under Section 3/4(2) POCSO Act and Section 376(3) IPC – The Supreme Court held that the Hig...
Criminal Law – Murder – Acquittal on Ground of Inadmissible Confessional FIR – Sections 302, 304 Part I IPC and Sections 8, 21, 25, 27 Indian Evidence Act – The Supreme Court set aside the conviction of the appellant for murder, finding that the High Court erred in relying on the accused's confessional FIR, which is inadmissible under Section 25 of the Evide...
Criminal Law - Section 239 of the Cr.P.C. - Discharge Petition – Prima Facie Material – Sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988, and Section 120B IPC – Dismissal of Discharge Petition Upheld – The petitioners, holding positions of legal officer and Managing Director in Malabar Cements Ltd (MCL), were accused of facilitating illegal invocation o...
Criminal Procedural Law – Powers of Sessions Court under Section 193 CrPC – Summoning of Additional Accused – Supreme Court upheld the orders of the Sessions Court and High Court summoning the petitioner, not named in the charge-sheet, for trial of offences under Sections 302 and 376 IPC. It was held that upon committal of a case triable exclusively by the Court of Session,...