Criminal Law - Confiscation of Vehicles - Release on Superdari - Criminal petition challenging the jurisdiction of the Magistrate's order denying release of a vehicle under Section 451 Cr.P.C. The vehicle was used for illegal transport of cattle, confiscated under the Haryana GauvanshSanrakshan and Gausamvardhan Act, 2015. Held, the Court which made the confiscation order has no jurisdiction t...
Negotiable Instruments - Interim Compensation - Criminal Revision against Trial Court order directing interim compensation under Section 143-A of the Negotiable Instruments Act - Provisions of Section 143-A held directory, not mandatory - Magistrate's discretion should not be exercised capriciously or arbitrarily - Order set aside due to lack of well-founded parameters and reasoning. [Paras 1-...
Criminal Law - Quashing of FIR – Non-compliance with Proclamation Notice Requirements - Petition seeking quashing of FIR for offences under Section 174A IPC and Section 138 of the Negotiable Instruments Act. Held, the mens rea for the commission of an act under Section 174A IPC arises only when there is complete compliance with Section 82(2)(i) Cr.P.C., which includes public proclamation and...
Criminal Law – Conviction and Sentence – Gruesome murder of two siblings and one nephew – Conviction under Sections 201, 302, and 506-B IPC upheld – Death sentence converted to life imprisonment for 30 years considering the appellant's rural and economically poor background, lack of criminal antecedents, and possibility of reformation [Paras 1-47].
Sentencing –...
Criminal Law – Conspiracy and Abetment – Respondent accused of abetting and conspiring with a senior government official (A-1) in the income tax department to accumulate disproportionate assets – High Court quashed charge sheet due to lack of evidence directly linking the respondent to the offense – Suspicion alone insufficient for framing charges [Paras 1-27].
Preventio...
Criminal Law – Common Intention – Conviction under Sections 302 and 34 IPC upheld – Appellant’s exhortation to co-accused immediately before the fatal shot was fired proves involvement – Presence and role at the crime scene established beyond reasonable doubt [Paras 1-28, 83-94].
Evidence – Eye-witness Testimony – Credibility of eye-witnesses affirmed d...
Criminal Law - Acquittal and Sentence Modification - Appeal against convictions under multiple sections of IPC. Held, the appellant Rohit was not involved in the kidnapping or gang rape but had a voluntary affair with the prosecutrix. The prosecutrix's statements and lack of injuries supported this. Therefore, Rohit was acquitted on benefit of doubt. Further, the trial court's imposition o...
Negotiable Instruments Act – Presumption and Rebuttal – Dishonour of cheque raises presumption of legally recoverable debt – Presumption is rebuttable by proving to the contrary – Onus on accused to raise a probable defence – Standard of proof is on preponderance of probabilities – High Court's conviction of appellant upheld – Appeal dismissed [Paras 1...
Criminal Law – Concurrent Sentencing – Section 427 CrPC – Discretionary power to run subsequent sentences concurrently – Discretion to be exercised judiciously – Nature of offence and societal impact to be considered – Offences under NDPS Act severe and against societal interest – No discretion in favor of accused indulging in drug trafficking – Appe...
Criminal Conspiracy – Evidence Requirement – To prove conspiracy under Section 120-B IPC, an agreement between parties for an unlawful act must be established – Difficult to prove by direct evidence, but must show meeting of minds – Conviction based on bits of evidence or confessional statements of co-accused without corroboration not safe – Prosecution failed to prov...