Criminal Law – Gang Rape – Appeal Against Conviction - Sole Testimony of Prosecutrix – Material Contradictions – Appeal Allowed - The Court held that conviction based solely on the testimony of the prosecutrix could not be sustained when her statements under Section 164 CrPC were materially contradictory and uncorroborated – The prosecutrix initially claimed no physic...
NDPS Act – Bail – Commercial Quantity and Twin Conditions under Section 37 – Bail Denied – Petitioners sought bail in FIR No. 72 of 2020 involving recovery of over 3 crore intoxicant tablets and capsules – Allegations of operating a multi-state drug network involving illicit manufacture, supply, and sale of psychotropic substances – Court held: Despite prolonged...
Criminal Procedure – Inherent Powers under Section 482 CrPC – High Court Cannot Recall Quashing Order – Held Without Jurisdiction - The Supreme Court held that once a final judgment quashing an FIR is passed, it cannot be recalled under Section 482 CrPC due to the bar under Section 362 CrPC – High Court exceeded jurisdiction by reviving a quashed FIR on grounds of compromis...
Criminal Law - Sexual Offences – Conviction under Section 354 IPC – Unreliable Testimony – Acquittal Ordered – Trial court convicted appellant for outraging modesty of a minor after framing of rape charge under Section 376 IPC – Victim’s father denied lodging FIR and was declared hostile – Victim disowned her statement under Section 164 CrPC and failed to ...
Criminal Law - Murder Trial – Acquittal Challenged – Eyewitness Evidence Unreliable – Appeal Dismissed – The trial Court acquitted all accused in the murder of Mahadevan, citing contradictions, lack of corroboration, and absence of credible eyewitness testimony – The High Court held that the prosecution witnesses were inconsistent, lacked credibility, and their accoun...
Criminal Law - Quashing – Declaration as Proclaimed Person – Procedural Lapses – Petition Allowed – The petitioners challenged their declaration as proclaimed persons under Section 82 Cr.P.C. without proper compliance – Held: The trial court failed to record satisfaction or reasons indicating belief that the petitioners were absconding or concealing themselves –...
Criminal Law - Foreign Exchange and Penal Law – Applicability of IPC Despite FEMA – No Implied Repeal – Prosecution Valid - Petitioners argued that once FEMA decriminalized foreign exchange violations, they could not be prosecuted under IPC for related acts – Held: IPC offences such as forgery and criminal conspiracy are distinct and independent – Doctrine of implied ...
Criminal Law – Sections 132, 135, 110(1B) of the Custom Act - Jurisdiction of Magistrate – No Power to Direct Revaluation Post-Adjudication – Magistrate Exceeded Authority – The Court held that once quasi-judicial adjudication proceedings under Customs Act were concluded and valuation upheld, the Magistrate could not order fresh revaluation – Certification proceedings...
Criminal Law - Probation of Offenders Act – Inapplicability under PoFA Act – Section 20AA prohibits probation – Probation benefit denied - Section 20AA clearly excludes the application of the Probation of Offenders Act and Section 360 of the CrPC to those convicted under the PoFA Act unless the offender is under 18 years of age – The Court held that the provision is explici...
Civil Review – Time-Bound Disposal Direction by High Court – No Grounds for Interference – Review Dismissed - The petitioner sought review of a direction in the appellate judgment requiring the Family Court to dispose of a long-pending matrimonial dispute within six months – Court held that such time-bound direction was justified in light of 15 years of ongoing litigation &...