Criminal Law – Murder Conviction – Section 302 IPC – Upheld for Accused No. 4 – Based on testimony of four consistent eyewitnesses who specifically attributed sword blows to the accused – Minor inconsistencies held immaterial – Conviction for murder upheld despite lapses in investigation [Paras 11, 15-16].
Criminal Appeal – Acquittal of Co-Accused &ndas...
Regular Bail – Sections 331(4), 305, 112, 317(2), 238 of the of the BNS - Minor Theft – Delay in FIR – Interim Bail Confirmed – Petitioner charged under BNS for theft of a bicycle and shoes – CCTV evidence relied upon – FIR lodged after 10 days – Bicycle recovered – Petitioner remained in custody for over three months – Supreme Court jurisprude...
POCSO Conviction – Appeal Dismissed – Testimony of Child Victim Found Reliable – Conviction Upheld – The appellant challenged his conviction under Sections 5(m), (n), and (p) read with Section 6 of the POCSO Act and Sections 377 and 380 IPC for sexually assaulting a 6-year-old boy – The Trial Court had sentenced the appellant to 20 years RI – On appeal, the High...
Criminal Law - Section 482 Cr.P.C - Inspection of Judicial Records – Enforcement Directorate’s Right – Rule 2, Chapter 16, Part C, High Court Rules – Inspection Allowed – Petitioners objected to ED inspecting IT Department’s complaint records before the Magistrate, arguing secrecy under Article 28 of Indo-French DTAA – Court held Rule 2 allows even strange...
Criminal Procedure – Anticipatory Bail – Section 18 SC/ST Act – Bar on Applicability – Offences under Sections 3(1)(o), 3(1)(r), 3(1)(s), 3(1)(w)(i) SC/ST Act alleged against respondent, including casteist abuses and assault for voting against accused in assembly election – High Court granted pre-arrest bail holding prosecution exaggerated – Held: Section 18 cre...
Negotiable Instruments Act – Section 138 – Compounding of Offence – Conviction Quashed – Appellant convicted for dishonour of cheque of ₹5 lakhs – Courts below upheld sentence of six months’ simple imprisonment and ₹1,000 fine – During pendency of SLP, parties amicably settled the matter and complainant filed affidavit of no objection – Held: Sec...
Criminal Law - Fundamental Rights – Article 21 – Protection against Custodial Violence – CCTV Cameras in Police Stations – Court-Mandated Oversight – In order to ensure protection of fundamental rights and transparency during arrests and interrogations, the Supreme Court directed all States and Union Territories to install functional CCTV cameras with audio-video reco...
Theft Case – Conviction under Section 379 IPC – Sole Reliance on Recovery Evidence – Not Sustainable – Petitioner convicted for snatching ornaments from complainant’s wife – Neither complainant nor witness identified accused – No test identification conducted – Conviction rested entirely on recovery of ornaments under Section 27 Evidence Act – ...
Regular Bail – Allegations under BNS and POCSO – Bail Granted – Petitioners sought regular bail in connection with FIR alleging harassment of two minor girls aged 13 and 14 under Sections 126(2), 78(1), 79, 352 BNS and Section 12 of POCSO Act – Charge-sheet filed and investigation completed – Petitioners in custody for over four months with no prior criminal record &n...
Anticipatory Bail – Economic Offences – Involvement in Fraudulent Investment Scheme – Bail Denied – The applicant, a partner in a firm accused of running a fraudulent investment scheme, sought anticipatory bail under Section 482 of the BNSS – FIR revealed a large-scale conspiracy involving collection of over ₹130 crores from investors through false promises – ...