Criminal Law - Interim Bail – Appeal for Extended Duration – Modified for Travel – Appellant accused of grave offences under UAPA and IPC sought interim bail to attend his daughter’s marriage – Trial Court had limited the bail only to the event hours on 26th and 27th July – Held: Given distance from Chennai to Bengaluru, and humanitarian nature of the request, i...
Criminal Law - Rape – Mentally Retarded Victim – Conviction Confirmed – Appellant convicted under Section 376(2)(j)(i) IPC for rape of mentally challenged girl aged around 18–20 years, who had the mental capacity of a 4-year-old – Conviction based on direct eyewitness account (P.W.1 – aunt), corroborated by medical evidence and testimony of special educators and...
Criminal Law – Murder Trial – Circumstantial Evidence – Section 302 IPC – Acquittal Upheld – Complainant appealed against acquittal of accused Harkesh in murder of Ramkesh – Case built on recovery of blood-stained articles, alleged illicit relationship, call details, and location evidence – Court found chain of circumstances incomplete – No DNA evide...
Criminal Law - Bail – Sections 364A, 392, 397, 412, 34 of the IPC - Sections 25, 27, 54, 59, 30 of the Arms Act - Grant of Bail Post Recording of Key Witnesses – Section 483 BNSS – Bail Granted - The applicant, a dismissed police constable accused in a kidnapping for ransom case, sought bail after the examination of all key material witnesses – The Court noted that after co...
Quashing of FIR – Abuse of Process – Prior Administrative Enquiry – Proceedings Quashed - The appellants, including two national-level badminton players and their parents and coach, sought quashing of criminal proceedings initiated on allegations of birth certificate falsification for sports selection – FIR was based on a private complaint relying on a 1996 GPF nomination f...
Criminal Law - Successive Bail Petition – Maintainability Before High Court After Earlier Rejections – Concurrent Jurisdiction – Petition Dismissed – The petitioner, accused of grave offences including sexual assault, sought bail under Section 439 Cr.P.C. despite prior dismissal by Sessions Court, High Court, and Supreme Court – Held: Though Sessions Court and High Co...
Criminal Law - CBI Investigation – Transfer of Probe – Section 174 CrPC & Sections 302, 304 IPC – Investigation Transferred to CBI – Appellant's daughter died under suspicious circumstances in a coaching-related hostel – Allegations of institutional apathy, medical negligence, conflicting CCTV evidence and suppressed forensic records – Local investigatio...
Criminal Law - Acquittal of Accused – Allegations of Sexual Assault under Section 8 POCSO Act and Sections 451, 506 IPC – Acquittal Upheld - The appeal by the State challenged the judgment acquitting the respondent accused of charges of sexual assault and house trespass based on contradictions in prosecutrix’s statements – The High Court, after reappreciating the evidence, ...
Sentencing – Retrospective Application of Law – Article 20(1) – Sentence Modified – The appellant was convicted under Section 6 of the POCSO Act for rape of a 5-year-old child and sentenced to imprisonment for the remainder of his natural life as per the 2019 amendment – Held: The amendment came into force after the date of offence (20.05.2019) and its retrospective a...
Motor Accident Claim – Section 147, Section 163A, and Section 166 of the Motor Vehicles Act - Personal Accident Cover – Comprehensive Insurance Policy – Full Compensation Restored – The deceased, brother of the vehicle owner, died in an accident caused due to tyre burst while driving the insured vehicle – The Tribunal awarded Rs. 25,82,000/- under a personal accident ...