Criminal Law - Possession of Muddamal – Income Tax Proceedings vs. Criminal Jurisdiction – I-T Department Authorized to Retain Seized Cash – The department sought custody of ₹35,28,000 seized in a theft case, invoking Section 132A(1)(c) of the Income Tax Act – Trial court initially directed fixed deposit in complainant’s name, but later denied department’s app...
Criminal Law – Sect. 138 N.I. Act - Bail Cancellation – Non-Appearance Due to Health – Bail Restored – Petitioner’s bail was cancelled and non-bailable warrants issued for non-appearance in a Section 138 NI Act case – Held: Absence was unintentional, caused by medically proven encephalopathy – Trial Court’s action in issuing arrest warrant without no...
Criminal Law – PC Act – Appeal Against Conviction - Definition of Public Servant – Stamp Vendor under Prevention of Corruption Act – Held to be Public Servant – The Court interpreted Section 2(c)(i) of the PC Act to include licensed stamp vendors within its scope – A stamp vendor, though not in direct employment of the Government, performs a public duty and rece...
Criminal Law - Discharge Petition – Absence of FIR Mention Not Ground to Discharge – Petition Dismissed – Petitioner sought discharge citing non-mention of name in FIR and acquittal of co-accused in original trial – Court held that FIR is not an encyclopedia and acquittal of co-accused irrelevant as evidence was not recorded in presence of present petitioner – Charge ...
Criminal Law - Preventive Detention – Authority to Fix Detention Period – Power Vested with State Government – Commissioner Mentioning Six-Month Detention Period Not Fatal - The Court held that under the PIT NDPS Act, the State Government alone is empowered to fix the detention period based on Advisory Board recommendations – The initial mention of six months by the Commiss...
Criminal Law – Murder – Appeal Against Acquittal - Last Seen Evidence – Incomplete Chain – Circumstantial Weakness – Acquittal Upheld - The appellant-State challenged the acquittal of the accused on the basis of last seen evidence supported by PW-3 and PW-5 – Held: The last seen circumstance did not conclusively establish the presence of the accused with the dec...
Anticipatory Bail – Allegation of Abetment to Suicide – Grant of Interim Protection – Bail Granted - Petitioners (wife and son of deceased) sought anticipatory bail under Section 438 CrPC in FIR No. 431/2024 under Sections 306/34 IPC – Allegations included harassment of deceased and forced consumption of poison – Petitioners contended deceased had psychiatric illnesse...
Criminal Law – Murder and Robbery – Appeal Against Conviction - Circumstantial Evidence and Last Seen Theory – Conviction Confirmed - Appellants convicted under Sections 302 and 392 IPC for murdering their employer and robbing his belongings – Prosecution relied on 'last seen together' evidence, mobile phone data, recovery of gold chain from jeweler, and blood-stain...
Criminal Law - Suspension of Sentence – Requirement of Reasoned Order – Suspension Set Aside – High Court suspended sentence of respondents convicted under Sections 302/149 IPC without assigning reasons – Held: As per Section 389(1) CrPC and Supreme Court precedent, appellate courts must record reasons while suspending sentence in serious offences – Orders passed with...
Criminal Law - Gang Rape – Conviction Based on Sole Testimony of Prosecutrix – Upheld – Appellant convicted for abducting and sexually assaulting prosecutrix along with co-accused – Supreme Court upheld finding of guilt under Sections 366, 376(2)(g), and 342 IPC – Held: Prosecutrix’s consistent and credible testimony requires no corroboration; minor inconsistenc...