Anticipatory Bail – Application under Section 438 of Cr.P.C. – Petitioner, owner of a hotel, apprehending arrest in connection with a criminal case – Application for pre-arrest bail in the context of alleged sexual offenses occurring at his hotel. [Para 1-3]
Maintainability of Anticipatory Bail Application – State's objection regarding the non-maintainabili...
Dowry Death – Conviction under Section 304-B IPC set aside – Lack of evidence of cruelty or harassment connected with dowry demand – Death within seven years of marriage and under abnormal circumstances established, but no proximate link between cruelty and death. [Para 2, 3, 4, 5, 6, 7, 8, 9]
Cruelty – Conviction under Section 498-A IPC upheld – Evidence...
Criminal Appeal – Conviction under POCSO Act – Appeal against conviction and sentence under Section 6 @ 10 of the POCSO Act, 2012, for sexually assaulting a 4½-year-old girl – Accused sentenced to 7 years imprisonment and fined Rs. 5,000/- – Appellant contended non-examination of vital witnesses and contradictions in statements – Public Prosecutor argued child&...
Criminal Procedure – Permission to Travel Abroad – Petitioner, facing trial and granted anticipatory bail, sought permission to travel to the USA for personal reasons – Trial Court's denial on grounds of potential abscondment reversed – High Court allows travel, imposing strict conditions to ensure return and compliance with legal obligations. [Paras 1, 2, 10, 11]
Fu...
Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Court considered a petition under Section 482 of the Cr.P.C. for quashing FIR No. 38 dated 01.07.2022 under Sections 420 & 120-B of IPC, alleging cheating and criminal conspiracy, linked to a breach of a marital agreement. The Court scrutinized the details of the agreement and the FIR to determine the nature of the ...
Criminal Revision – Recall of Witnesses – Sexual Offences – Interpretation of Section 33(5) of POCSO Act – Balance between fair trial rights of accused and interests of victim – Application for recalling prosecution witnesses in a sexual assault case involving a minor – Examination of prosecutrix and her mother conducted at length – Application for recall ...
Anticipatory Bail in Case of Child Custody Dispute - Petitioner granted anticipatory bail in FIR No.64 dated 08.08.2023 under Section 384 IPC for allegedly abducting her children and demanding money. The Court, considering the circumstances and without commenting on the merits of the case, directed the petitioner's release on bail if arrested, subject to bail bonds and compliance with Section ...
Writ Jurisdiction – Misuse of CRPF personnel for personal disputes – Retired Air Commodore denied access to ancestral home by CRPF personnel at the behest of respondent no. 7, a sitting MP and petitioner’s brother – Allegations of fundamental rights violation under Articles 19 & 21 – Writ jurisdiction invoked for redressal. [Para 1-3]
Property Rights ...
Criminal Appeal – Acquittal - Section 307 read with 34 of IPC – Conviction challenged based on discrepancies in the evidence – Appellants convicted for assaulting victim’s mother – Informant’s presence doubted as he arrived after hearing noise – Inconsistencies in the story of prosecution witnesses – Victim not examined – Prosecution fails to p...
Criminal Appeal – Conviction under POCSO Act and IPC – Appeal against life imprisonment and fine imposed by the trial court for offenses under Section 376 IPC and Section 6 of the POCSO Act. Appellant convicted for sexually assaulting his daughter. [Paras 2-5]
Evidence and Witness Credibility – Reliability of victim's testimony and corroborating evidence – ...