Criminal Law – Revisional Jurisdiction – Conviction from Acquittal – The Supreme Court held that under Section 401(3) CrPC, the High Court does not have the authority to convert an acquittal into a conviction while exercising its revisional jurisdiction. The correct approach would be to set aside the acquittal and remit the matter for retrial or rehearing by the appropriate court...
NDPS Act – Section 50 – Personal Search and Recovery – The Supreme Court held that Section 50 of the NDPS Act mandates informing the accused of their right to be searched before a Gazetted Officer or Magistrate. Offering an option to be searched by the officer conducting the raid, not stipulated in the statute, contravenes this provision. However, this protection applies specific...
Criminal Law – Quashing of Complaint – Section 482 CrPC – The Supreme Court held that allowing the criminal proceeding to proceed for offences under Sections 494 and 495 of the IPC would constitute an abuse of process. The Family Court had conclusively determined that the appellant did not have a subsisting marriage when she entered into the second marriage with the respondent. T...
Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...
Criminal Law – Rape and Murder of Minor Girl – Sentencing – Appellant convicted for the offences under IPC and POCSO Act, sentenced to death by the trial court and confirmed by the High Court – Supreme Court commuted death sentence to life imprisonment, taking into account restorative justice principles and mitigating circumstances – Sentence of imprisonment for a per...
Criminal Law – Conjoint Hearing of Applications and Main Appeal – Criminal writ petition against the order of the Additional Sessions Judge, Mansa directing conjoint hearing of applications under Sections 311, 310, and 319 Cr.P.C. along with the main appeal – Petitioner contends that adverse decisions on applications would merge with the decision on the main appeal, preventing ef...
Criminal Law – Bail – Cancellation – Circumstantial Evidence – Seriousness of Offense – High Court's order granting bail without considering material evidence and gravity of the offense erroneous – Accused conspired with others to murder his wife for insurance money – Evidence shows call records and monetary motives – Bail granted on weak grounds...
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of an 11-year-old girl – Trial court awarded the death penalty, which was upheld by the High Court – Supreme Court partly allowed the appeal, commuting the death sentence to life imprisonment for a period of 30 years without remission – Emphasized the need to consider the possibility of rehab...
Criminal Law - Suspension of Sentence - Narcotics - Application for suspension of sentence by convict under Section 21 NDPS Act involving possession of 220 grams of heroin - Rigors of Section 37 NDPS Act not applicable as quantity is less than commercial - Consideration of alternatives to cash or surety for bail - Held, use of fixed deposit or electronic transfer in lieu of cash or surety likely t...
Limitation for Filing Applications – Domestic Violence Act – Section 12 Applications – Interpretation of Limitation – High Court erroneously applied limitation period of one year from the date of the alleged act of domestic violence for filing an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 – Supreme Court clarified that the...