Criminal Law – Addition of Charge – Section 216 CrPC – Scope and Preconditions – Trial court allowed addition of Section 306 IPC charge against petitioner after examining prosecution witnesses under Section 216 CrPC – Held: While the court has exclusive power to alter or add charges, such power must be exercised only where materials on record disclose ingredients of t...
Protection of Children from Sexual Offences – Conviction under POCSO – Credibility of Child Witness – DNA and Medical Evidence – Aggravated Penetrative Sexual Assault – Appeal Dismissed.
Penetrative Sexual Assault – Minor Victim – Appellant, maternal uncle of the survivor aged 5 years, convicted under Sections 376(2)/506 IPC and Section 6 read with Sect...
Criminal Law – Quashing - Sections 420, 467, 468, 471, and 120B of the IPC - Forgery Allegations – Absence of Material Linking Accused to Document Creation – Quashing Allowed – Petitioner accused of forging landlord’s signature on settlement letter to regain possession of shop post-eviction – Held: No prima facie material showing petitioner authored or procured ...
Criminal Law - Juvenile Justice Act – Determination of Age – School Certificate and Birth Certificate Take Precedence – The JJB had wrongly rejected documentary evidence and ordered medical examination despite availability of school and municipal birth records – Held: Section 94(2) of JJ Act mandates preference for documentary proof – Medical opinion can only be consi...
PIL - Domestic Violence Act – Implementation of Statutory Duties – Section 6 to Section 11 of the Act – Directions Issued – The petitioner, a public interest organization, sought effective implementation of the Protection of Women from Domestic Violence Act, 2005 – The Court found gaps in the appointment of Protection Officers, availability of shelter homes, medical a...
Criminal Law – Appeal Against Conviction - Demand and Acceptance – Prevention of Corruption Act – Conviction Set Aside – The complainant alleged that the appellants demanded ₹10,000 as bribe for facilitating land possession – Trap was allegedly conducted and bribe recovered from the Circle Officer – However, material witnesses including the two independent vil...
Criminal Law – Suo Motu Revision – Conviction Beyond Trial Court Charges – High Court, during appeal by accused challenging conviction under Sections 354 and 448 IPC, exercised suo motu revision and convicted him under Section 306 IPC – No appeal or revision had been filed by State or victim – Held: High Court exceeded its jurisdiction – Revisional power u...
NDPS Act – Conscious Possession – Commercial Quantity – Bail Denied – Petitioner found present in vehicle from which 3.575 kg of charas was recovered – Court held that physical presence in a private vehicle carrying commercial quantity of narcotic substance raises presumption of conscious possession under Sections 35 and 54 of NDPS Act – No explanation from peti...
Criminal Law – Matrimonial Cruelty and Misappropriation – Quashment of Proceedings – Petitioners accused under Sections 498A and 406 r/w Section 34 IPC for allegedly subjecting the de facto complainant (wife of accused No.1) to mental cruelty and misappropriating 63 sovereigns of gold ornaments – Allegations include making derogatory remarks about complainant's appearan...
Criminal Law - Sections 279, 337, 338, and 304A of the Indian Penal Code (IPC) - Motor Accident – School Bus Incident – Alleged Rash and Negligent Driving – Conviction Set Aside – Accused allegedly drove school bus rashly on 05.10.2010, causing death of one child and injuries to others—Trial Court convicted under Sections 279, 337, 338, 304A IPC, and Sessions Court af...