Criminal Law – Permission to Travel Abroad – Right to Personal Liberty under Article 21 – Parameters for Judicial Discretion – Petitioner, facing trial for offences under Sections 420, 406, 409, 467, 468, 471, 474, 120-B, 380, and 34 IPC, sought permission to travel abroad for business purposes – Earlier permissions granted in 2023 and 2024 were duly complied with &nd...
Criminal Law – Assault – Acquittal Reversed – Respondents alleged to have assaulted complainant and his wife with broken glass bottle – Trial Court acquitted accused under Section 324/34 IPC holding prosecution evidence unreliable – High Court finds complainant’s testimony consistent and corroborated by medical evidence and arrest memos – Held: Testimony o...
Criminal Law – Prevention of Corruption – Demand and Acceptance – Appellant, a Labour Officer, allegedly demanded ₹9,000 bribe and accepted ₹3,000 for license renewal – Trap set by ACB, tainted currency recovered from drawer of appellant's desk – Trial Court acquitted appellant citing inconsistencies in complainant’s account, procedural lapses, negative ...
Criminal Law – Murder Conviction – Acquittal Reversed – Appellant convicted for the murder of her niece-in-law by pouring kerosene and setting her ablaze – Trial court acquitted the appellant due to inconsistencies in three dying declarations – High Court reversed acquittal relying on the first dying declaration made to an independent medical officer (PW-3) supported ...
Criminal Law – Sections 302, 376, 394 and 449 IPC - Circumstantial Evidence – Murder, Rape, and Robbery – Conviction Reversed – Appellant convicted for rape, robbery, and murder of 85-year-old woman – Prosecution case based solely on circumstantial evidence – Trial court and High Court convicted appellant based on alleged recovery of gold bangles and testimony o...
Criminal Law – Unlawful Assembly – Common Object – Murder – Section 149 IPC – Appellants (accused nos. 3, 4, 6) challenged reversal of acquittal and conviction under Sections 302/307 read with 149 IPC – Trial Court had acquitted for want of specific overt act or common object – High Court reversed acquittal on reappraisal of consistent, corroborated ocular...
Criminal Law – Threatening Witness to Give False Evidence – Section 195A IPC – Legislative Intent – Section 195A IPC (introduced by Act 2 of 2006) created a distinct offence of threatening or intimidating a witness to induce false evidence – Classified as a cognizable offence in the First Schedule of CrPC – Unlike Sections 193–196 IPC which are non-cogniza...
Criminal Law – Land Dispute – Quashing of FIR – Petitioners accused of creating false documents and threatening complainant regarding land in Survey No. 956 – Petitioners relied on registered sale deeds from 2015 and asserted possession – Civil suits concerning title and possession already pending between parties – Held: Continuation of criminal proceedings in a...
Criminal Law – Rape – Quashment – FIR under Section 64 of BNS registered against petitioner based on allegation of rape after withdrawal of consent during intercourse – Parties met on dating app and were in regular contact over a year – Chats and prior interactions not considered in chargesheet – Held: The relationship was consensual and complaint appears to be ...
Negotiable Instruments Act – Security Cheques – Legally Enforceable Debt – Petitioner challenged summoning orders on ground that cheques were issued only for security and not towards any enforceable liability – MoU dated 06.05.2014 explicitly stated cheques were issued for showing to bank and not for deposit – Court held that mere presentation of security cheques with...