Criminal Law - Prevention of Corruption Act – Appeal Against Conviction - Demand and Acceptance – Contradictory Evidence – Conviction Set Aside – The accused, a Revenue Inspector, was alleged to have demanded and accepted a bribe of ₹2,000 for conducting a drought damage inspection – The Supreme Court found contradictions in the testimonies of key witnesses includin...
Criminal Law - Murder – Hostile Witnesses – Acquittal Restored – The Trial Court acquitted all accused due to key witnesses turning hostile and lack of substantive evidence – The High Court reversed the acquittal relying heavily on investigating officers’ testimony and statements under Section 161 Cr.P.C. – Held: The Supreme Court found that conviction can...
Criminal Law - Murder vs. Culpable Homicide – Reclassification to Section 304 Part II IPC – Intent to Kill Not Established – The appellant was convicted for murder under Section 302 for stabbing a police constable during a raid – However, the injury was on the wrist, not a vital part, and occurred during a scuffle when the appellant was trying to escape arrest – Held:...
NDPS Act – Section 29 Conspiracy – Aggregation of Quantities – Bail Denied – Although the individual quantity of Ganja recovered from the petitioner was only 1.990 kg (below commercial quantity), bail was denied due to prima facie evidence of conspiracy involving multiple accused jointly transporting 27.7 kg of Ganja – CDRs showed frequent communication between petiti...
Cheque Dishonor – Section 138 of NI Act - Conviction and Sentence Set aside - Criminal Revision against lower court's conviction and sentence under Section 138 of Negotiable Instruments Act, 1881 - Petitioner convicted for dishonoring cheque issued as security - Petitioner contends cheque issued as security for another person's liability, not his own - Defense argues cheque issued wi...
Criminal Law – Murder of Children – Mental Instability and Absence of Motive – Conviction Converted – Appellant, mother of two deceased children, claimed to be under influence of "invisible power" during incident – Prosecution evidence established actus reus (physical act) but not mens rea (intention) beyond reasonable doubt – Absence of motive, normal...
Criminal Law - Confiscation Proceedings – Death of Accused – Trial Abated – Property to be Released – Appellant’s predecessor died before conclusion of corruption trial – Trial abated without conviction – Court held confiscation contingent on conviction and continuation thereof post-abatement is unconstitutional – Held: Confiscation not sustainable, ...
Criminal Law - Appeal Against Acquittal – Criminal Breach of Trust – Sections 409 and 424 IPC – Appeal Dismissed - The appellant challenged the acquittal order, alleging misappropriation of partnership firm funds by the respondents – The Trial Court had acquitted respondents citing lack of documentary evidence proving dishonest misappropriation – Held: The appellant f...
Criminal Law - Bail under PMLA – Continued Incarceration – Right to Liberty – Bail Granted - Petitioner implicated under PMLA for alleged role in diversion of funds through Shivakriti Agro Pvt. Ltd. and facilitating re-acquisition of M/s Sunstar Overseas Ltd. via shell entities – Though alleged to be a close aide of key accused Rohit Aggarwal, petitioner not named in predic...
Company Law – Criminal Complaint – Vicarious Liability Absent – Summons Quashed – Petitioners challenged prosecution under Section 147(2) of the Companies Act for failure to display company name and address as per statutory requirement – Held: Directors not holding office at the time of alleged default cannot be held liable – Complaint lacked specific averments ...