Criminal Law – Delay in Delivery of Judgment – Long delay in delivering judgment causes unnecessary speculation among parties – Emphasized need for timely pronouncement to uphold confidence in the judicial system [Paras 6.1, 6.2].
Criminal Procedure – Section 482 CrPC – Mini Trial – High Court exceeded jurisdiction by virtually conducting a mini tri...
Constitutional Law – Article 72 – Extradition and Sovereign Assurance – Appellant convicted in the 1993 Bombay Blasts Case – Completing 25 years of sentence – Central Government bound to advise the President of India for release under Article 72 in accordance with international commitment and principles of comity of courts – Courts in India must impose sentence ...
Criminal Law – Conspiracy and Terrorist Activities – Appellants convicted for conspiracy to commit terrorist acts, possession of arms and explosives, and association with banned organization Lasker-e-Toiba – Convictions upheld under Sections 120B, 121, 121A, 122, 124A, 153A, and 153B of IPC; Sections 5 and 6 of the Explosive Substances Act; and Sections 25 and 26 of the Arms Act ...
Penal Code 1860 (IPC) – Sections 302/34 and 392 – Murder and Robbery – Conviction based on witness identification in court without a prior Test Identification Parade (TIP) – FIR cannot be an encyclopedia, but the first version of the complainant in the FIR is crucial when no TIP is conducted – The complainant did not provide a description of the accused in the FIR &nd...
Criminal Law – Evidence of Hostile Witness – Even the evidence of a hostile witness can be considered to the extent it supports the case of the prosecution – Prosecution established motive through the deposition of a hostile witness who testified to the accused's harassment of the deceased – High Court's failure to consider this aspect constituted a serious error [P...
Criminal Law - Last Seen Theory - When the last seen theory is found to be not true, there must be more concrete and clinching evidence to implicate the accused. [Paras 12-14]
Criminal Law - Motive - Circumstantial Evidence - In cases of circumstantial evidence, motive assumes significance. Though the motive may pale into insignificance in a case involving eyewitnesses, it may not be ...
Criminal Law – Regular Bail – Petitioner in Custody – Criminal Miscellaneous Petition seeking regular bail under Section 439 Cr.P.C. – FIR registered under Sections 363, 366-A IPC, later including Sections 376, 506, 120-B IPC, and Section 4 of POCSO Act – Petitioner is mother of the main accused and not directly involved in sexual assault – In custody for over 1...
Criminal Procedure – Regular Bail – Section 439 Cr.P.C. – FIR under Sections 363, 366-A IPC – Sections 376, 506, 120-B IPC and Section 4 POCSO added later – Petitioner a middle-aged lady, mother of the accused – In custody over 15 months – Not accused of sexual assault – Culpability to be determined at trial – Bail granted due to low likelihood...
Criminal Law - Negotiable Instruments Act - Stay of Proceedings under IBC:Criminal Misc. Petition—Section 482 CrPC—Petition seeking quashing of proceedings under Section 138 NI Act due to pendency of insolvency resolution under Section 94 IBC—Petitioner, a personal guarantor to a corporate debtor, filed for insolvency resolution—Court held that proceedings under Section 138...
Criminal Law – Jurisdiction of Children's Court vs. NIA Special Court – Petition seeking transfer of trial – Respondent juvenile tried as an adult – FIR under UAPA and Explosive Substances Act – Jurisdiction vested in Children’s Court – Non-obstante clause in JJ Act, 2015 – Overriding effect on other laws – Held, Children's Court has ju...