Criminal Law - Rape and Murder of Minor – Circumstantial Evidence – “Last Seen Together” – Sections 302 & 376AB IPC, Section 5/6 POCSO Act – Conviction Upheld – Appellant, related to victim, was last seen with her by four witnesses on the night of the incident – Victim found dead next morning with bleeding from private parts – Medical evide...
Criminal Law - Bail – Allegation of Foreign Nationality – illegal entry into India - Prima Facie Case of Identity Fraud – Bail Rejected – The applicant was found in possession of digital documents indicating Bangladeshi origin and is accused of forging Indian identity documents to claim citizenship – Held: In absence of verified proof of Indian citizenship and p...
Criminal Law - Rash and Negligent Driving – Death of Minor – Sentence Reduced – Petitioner, driver of a school jeep carrying 25 passengers including children, overturned vehicle on village mud road after seeing oncoming bullock cart—Trial Court convicted under Sections 304A and 338 IPC; Appellate Court affirmed conviction but reduced sentence—High Court upheld concurr...
Criminal Law - Prevention of Corruption Act – Forensic Examination & Voice Sample – Sections 45A, Indian Evidence Act & 349 BNSS – Revision Allowed – Accused Electrical Inspector facing trial for alleged demand and acceptance of ₹8,000/- illegal gratification sought forensic examination of defence audio/video recordings and securing of complainant’s voice sa...
Anticipatory Bail – Misappropriation of Cooperative Society Funds – Sections 406, 409, 420, 465, 468, 471 IPC and Section 13(1) r/w 13(2) PC Act – Bail Refused – Petitioner, former Secretary of Kollam Cooperative Building Society, alleged to have collected deposits from third parties, issued forged receipts and certificates, and misappropriated ₹43,35,000/- – Issued...
Criminal Law – Revision Against Rejection of Discharge Application – Prima Facie Case – Allegations of Fraudulent Audit Reports – Revision Dismissed – The applicant, a Chartered Accountant, was accused of preparing misleading audit reports of M/s. Sai Infosystem (India) Ltd. for FYs 2010-11 to 2012-13 – The reports allegedly inflated debtor balances and enabled ...
Criminal Law - Summoning under Section 319 Cr.P.C. – Fresh Evidence Not Mandatory – Application Allowed Based on PW1’s Testimony – The petitioners were previously declared innocent by SIT and placed in Column 2 of the challan – Held: Trial court rightly exercised discretion under Section 319 Cr.P.C. based on examination-in-chief of complainant (PW1) implicating the pe...
NDPS Bail – Sections 21, 25, 29 of the NDPS - Recovery of Intermediate Quantity of Heroine – Section 37 Not Attracted – Bail Granted – Petitioner was arrested for alleged possession of 100 grams of heroin, an intermediate quantity – Co-accused implicated her through disclosure statement – Held: Section 37 NDPS not applicable to intermediate quantity – Bail...
Criminal Law - Murder of Wife – Sole Testimony of Child Witness – Section 302 IPC – Conviction Upheld – The accused was convicted by the trial court for murdering his wife by inflicting head injuries—Case rested substantially on the testimony of his 9-year-old daughter (PW-3), an eyewitness who was sleeping beside the deceased—She saw her father covering the dec...
Criminal Law - Murder – Appeal Against Acquittal – Sections 302 & 449 IPC – Dying Declaration Found Unreliable – The State challenged the High Court’s reversal of the trial court’s conviction for murder and house trespass – The trial court had disbelieved the prosecution’s key eyewitness and convicted on the basis of dying declaration &ndas...