Medical Evidence Contradicting Ocular Timeline Of Assault Renders Prosecution Case Doubtful: Supreme Court Acquits In Murder Case Delayed FIR Transmission To Magistrate Coupled With Unnatural Conduct Of Witnesses Creates Doubt Of 'Post-Investigation' Fabrication: Supreme Court Acquits Murder Accused Right To Apply For Probate Is A Continuous Right; Limitation Commences From Hostile Act, Not Testator's Death: Supreme Court Appellate Courts Should Be 'Friend, Philosopher & Guide' To Subordinate Judiciary; Avoid Disparaging Remarks Against Trial Judges: Supreme Court First Appellate Court Cannot Overturn Trial Court Findings Without Recording Reasoned Evaluation Of Evidence: Supreme Court Failure To Send Recovered Weapon For FSL Examination & Verify Workability Fatal To Conviction Under Section 25 Arms Act: Allahabad High Court Registration Of FIR Against Doctor Following His Writ Petition Against Police Harassment Suggests 'Counter-Blast': Andhra Pradesh High Court Grants Pre-Arrest Bail Senior Citizen’s Financial Status Irrelevant For Declaring Gift Deed Void Under Maintenance Act If Transferee Fails To Provide Basic Amenities: Bombay High Court Magistrate Has No Power To Direct 'Re-Investigation' After Filing Of Police Report, Can Only Order 'Further Investigation': Calcutta High Court Specific Performance Can Be Denied If Buyer’s Misuse Of Property Prevents Seller From Fulfilling Statutory Obligations: Delhi High Court Magistrate Exercising Power Under Section 14 SARFAESI Act Performs Ministerial Act, Cannot Adjudicate On NPA Classification Merits: Gujarat High Court Drugs & Cosmetics Act | Prosecution For 'Not Of Standard Quality' Drugs Must Be Filed Before Expiry Of Shelf Life To Protect Accused's Right To Re-Analysis: Himachal Pradesh High Court Trial Court Cannot Reject Plaint Under Order 7 Rule 11 Without Deciding Pending Amendment Application: Madhya Pradesh High Court Acts Intended To Outrage Modesty Don't Amount To Attempted Rape Without Overt Act Unequivocally Constituting Rape: Patna High Court Acquits Man Admission Of Signatures On Agreement To Sell Shifts Burden To Defendant To Disprove Receipt Of Earnest Money: Punjab & Haryana HC Section 138 NI Act | Director Seeking Quashing On Plea Of Resignation Must Furnish 'Sterling Incontrovertible' Evidence: Punjab & Haryana HC

"CRIMINAL LAW" Digest

Criminal Law - Rape - Indian Penal Code 1860 - Section 376 - Conviction based on child witness testimony - Appellant was convicted by the Trial Court for the rape of a 9-year-old girl and sentenced to life imprisonment - Prosecution case rested on the testimony of the victim (P.W.1) and her mother (P.W.2) who reached the spot immediately after hearing cries - Accused-neighbour fled the scene upon ...

Criminal Law - Bail - Prevention of Money Laundering Act 2002 - Section 45 - Right to Liberty - Constitution of India - Article 21 - Petitioner implicated in money laundering case linked to illegal teacher appointments - Allegations involve collecting approximately 647 crores from candidates through a network of agents - Petitioner remained in custody for 18 months in the present case - Predicate ...

Criminal Law - Discharge - Code of Criminal Procedure 1973 - Section 239 - Prevention of Corruption Act 1988 - Sections 7 12 13 - Petitioner Revenue Inspector was accused of demanding a bribe of Rs 2000 for submitting an enquiry report on land - Trap was laid and co-accused Peon was caught red handed accepting the money which was placed under the table cloth of the petitioner - Petitioner sought d...

Criminal Law - Sexual Offences - Protection of Children from Sexual Offences Act 2012 - Section 5(f) - Aggravated penetrative sexual assault by teacher - Appellant Madrassa teacher (Usthad) convicted for committing oral sex and inappropriate touching on 9-year-old male student - Trial Court sentenced accused to 20 years rigorous imprisonment - Appellant challenged verdict claiming testimony of chi...

Writ Law - Surveillance and History Sheets - Rajasthan Police Rules 1965 - Rule 4.4 and Rule 4.9 - Opening and reopening of history sheets - Petitioner challenged order dated 24.04.2014 reopening his history sheet based on FIRs registered in 2012 involving communal riots - Petitioner contended that since he was never convicted he could not be termed a habitual offender and relied on Rajasthan Habi...

Criminal Law - Murder and Attempt to Murder - Indian Penal Code 1860 - Sections 302, 307 and 34 - Appellants Prem Dan Jojo and Aniket Jojo attacked the informant party during a land dispute using bows and arrows - Prem Dan Jojo shot PW-8 in the rib and Aniket Jojo shot PW-3 in the chest while other family members assaulted the deceased Somra Chick with tangi and lathi - Trial Court convicted appel...

Criminal Law - Additional Accused - Code of Criminal Procedure 1973 - Section 319 - Petitioner challenged the order dated 22.08.2019 passed by ADJ-7 Bhagalpur summoning him to face trial for murder under Sections 302 and 34 IPC and Section 27 of Arms Act - FIR was lodged regarding the killing of Bishwanath Kumar Gupta without naming the petitioner - Petitioner was implicated three months later bas...

Writ Law - Investigation Delay - Code of Criminal Procedure 1973 - Section 156(3) - Promptitude in Investigation - Petitioner approached High Court seeking directions for completion of investigation in Criminal Case No. 1934/2024 - Trial Court had directed Circle Officer Bikaner on 15.04.2025 to file a conclusive report by 22.05.2025 - Report remained pending for over one year despite specific cou...

Writ Law - Reproductive Rights - Constitution of India - Article 21 - Systematic Denial of MTP - Petition filed by grandfather of 17-year-old minor rape survivor of unsound mind seeking termination of pregnancy - Chief Medical Officer (CMO) and Special POCSO Judge refused relief - High Court intervention led to delivery of child as pregnancy advanced to late stage during 54-day administrative dela...

Writ Law - Search and Seizure - Administrative stay on Fraud classification - Constitution of India - Article 226 - Petitioner No. 1 a pharmaceutical company challenged the classification of its loan account as Fraud by Respondent bank - Obtained an interim stay in WP No. 24697 of 2025 suspending the operation and effect of the classification and all further proceedings pursuant thereto - CBI regi...