Criminal Appeal – Conviction Partly Set Aside – Goa Children’s Act – Probation of Offenders Act – Appeal Partly Allowed - The appellant was convicted by the Children’s Court for offences under Sections 323, 352, and 504 IPC and Section 8(2) of the Goa Children’s Act, 2003, which were later partly modified by the High Court – The Supreme Court found t...
Criminal Law - Delay in Judgment – Non-Pronouncement After Hearing – Appeal Allowed - Criminal appeal heard and reserved for orders on 24.12.2021 was not decided even after over a year, causing prejudice and denial of justice to appellant – Supreme Court held that such delay is shocking and unacceptable – Highlighted systemic issue of judicial delay and absence of mechanism...
NDPS Bail – Recovery from Premises – Section 42 NDPS Act – Bail Denied – The petitioner was arrested based on disclosure of co-accused and 30 grams of heroin was recovered from her premises – The Court found prima facie compliance with Section 42 of the NDPS Act, noting that prior information was recorded in the Daily Diary and appropriate permission was obtained for ...
Criminal Law - Rape – Consent under Misconception – No Deceit Proven – Conviction under Section 376 IPC Set Aside – Allegation that appellant concealed existing marriage and had sexual relations with complainant – Evidence showed complainant and her family were aware of appellant's first marriage – Held: Since no concealment occurred, consensual physical rel...
Anticipatory Bail – Maintainability under SC/ST Act – Section 14A(2) Appeal Allowed – The appellant, father of the victim, challenged denial of anticipatory bail on grounds that SC/ST Act provisions did not prima facie apply as both accused and victim belonged to the same community – Held: In light of Shajan Skaria v. State of Kerala, anticipatory bail under Section 438 CrP...
NDPS Act – Interim Bail on Humanitarian Grounds – Bail Denied – The petitioner sought interim bail for six weeks under Section 22 NDPS Act on the ground that his widowed mother required urgent medical intervention for cardiac issues – Medical certificate indicated surgery was advised but not undertaken – Status report revealed availability of petitioner’s wife a...
Criminal Bail – Section 302 IPC – Delay in Trial – Bail Granted - The petitioner was accused of murdering the deceased Devinder Kumar with bamboo sticks and had been in custody since 11.04.2023 – Despite filing of the chargesheet on 03.07.2023, only 12 out of 52 witnesses had been examined – Held: Given prolonged incarceration, constitutional guarantee under Article 2...
Criminal Contempt – Attack on Advocate Commissioners – Interference with Administration of Justice – Held Guilty – Court-appointed Advocate Commissioners were assaulted by a mob while executing commission in CS(OS) 4024/2014 concerning counterfeit Samsung products – Several Advocates sustained grievous injuries and were forced to abandon commission – Held: Obstr...
Environmental Law - Environmental Clearance – Sand Mining – District Survey Report – Supreme Court reiterated that replenishment studies are mandatory for valid DSRs and therefore essential for granting Environmental Clearance (EC) – Following Deepak Kumar v. State of Haryana (2012) 4 SCC 629, and reaffirming Satendra Pandey v. MoEFCC, 2018 SCC OnLine NGT 2388, the Court he...
Criminal Law - Victim Appeal Right – Substitution of Legal Heir – Proviso to Section 372 CrPC – Substantive Right Recognised – The son of deceased appellant (an injured victim) sought to substitute himself to continue the appeal against acquittal – Held: Under Section 2(wa), legal heirs of victims are also recognised as victims – The right to “prefer an ap...