Criminal Law - Murder – Appeal against conviction - Circumstantial Evidence – Double Homicide of Couple – Acquittal Granted - Accused convicted of killing a man (Sharafat) and a woman (Soni) due to alleged illicit relationship – High Court found prosecution failed to prove guilt beyond reasonable doubt – Alleged eyewitnesses turned hostile; motive insufficient –...
Criminal Law – Appeal against Quashing of FIR Preliminary Enquiry – Not Mandatory Before Registering FIR – Source Report Sufficient – The High Court quashed the FIR for lack of preliminary enquiry – Held: Under Section 17 of the PC Act, preliminary enquiry is not mandatory where detailed source information is already available and considered by a Superintendent of Pol...
Criminal Law - Appeal Against Conviction - Section 306 IPC - Abetment of Suicide – Essential Ingredients Not Proved – Conviction Set Aside - Appellant convicted for abetting wife’s suicide based on evidence of old disputes, extra-marital allegations, and complaints – Supreme Court held prosecution failed to prove instigation, conspiracy, or intentional aid under Section 107...
Criminal Law – Quashing - Copyright Infringement – Section 63 of Copyright Act – Mens Rea Essential – Proceedings Quashed - Accused were directors of a publishing company that printed a book allegedly plagiarizing respondent's blog – Held: To constitute offence under Section 63, publication must be done “knowingly” – No material in complaint indi...
Criminal Law – Appeal against rejection of discharge - Sexual Relationship – Consent and Promise to Marry – Section 376(2)(f) IPC – Discharge Granted - Allegations of rape based on failed promise to marry made by a judicial officer during a consensual relationship with a litigant – Held: Relationship was consensual, complainant was aware of appellant’s mar...
Criminal Law - Discharge in Rape Case – Consent Given in Relationship – Section 376 IPC – Discharge Restored - FIR was filed after the appellant allegedly refused to marry the complainant following years of consensual relationship – Sessions Court discharged the accused on the ground that consent was not vitiated by deception – Held: FIR and charge-sheet show relation...
Criminal Law – Appeal Against Conviction - Sections 3(1)(r), 3(1)(s) of the SC/ST Act – Abuse Not in Public View –Acquittal Granted - Accused allegedly abused complainants using caste slurs during land dispute – Witnesses all related, and evidence showed no member of public was present at time of alleged incident – Held: Requirement of “public view” under ...
Motor Accident Compensation – Insurer’s Liability – Vehicle Identification Disputed – MACT Award Restored - Deceased died in accident involving a speeding Verna car – MACT awarded ₹33.63 lakhs against owner and insurer jointly – High Court exonerated insurer based on delayed witness statement and alleged unreliability – Supreme Court held that evidence i...
Criminal Law - Dowry Death – Acquittal Upheld – Failure to Prove Demand or Cruelty – Appeal Dismissed – The appellant challenged acquittal in a case involving death of his daughter allegedly due to dowry-related cruelty – Trial court found no evidence of dowry demand or proof of homicidal or suicidal death – Prosecution witnesses failed to support allegations du...
Criminal Law – Appeal against conviction - Sections 363, 366A, and 376(2)(f) of IPC - Testimony of Child Victim – Credibility and Sufficiency – Conviction Upheld – Victim aged 4 at the time of incident and 8 during testimony – Despite lapse of four years, her account was clear, consistent and identified the accused without hesitation – Her version corroborated b...