Criminal Law – Attempt to Murder – Appellant, a police official, used his service pistol in an inebriated condition – Conviction under Section 307 IPC upheld as the intent to kill was evident from the appellant’s actions – Sentence reduced to the period already undergone [Paras 1-27, 36].
Arms Act – Misuse of Licensed Weapon – Conviction under Section 2...
Eligibility for Membership – Primary Society Chairmanship – Section 28 of the Haryana Co-operative Societies Act, 1984 – Petitioner ceased to be the Chairman of the Primary Society on 15.08.2019 – Consequently, he ceased to be a member of the Board of Directors of the Union – Order of removal from the post of Chairman upheld – Petition dismissed [Paras 1-20].
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Criminal Law – Appeal against acquittal – The High Court acquitted 11 accused persons based on the reasoning that the eyewitnesses had not named the accused specifically or assigned specific roles – Supreme Court finds the High Court’s approach contrary to settled legal principles – Single witness testimony found reliable can be the basis of conviction – High Co...
Criminal Procedure – Recalling Judgment – Section 362 CrPC – High Court lacks jurisdiction to recall its own order after it is passed – Only correction of clerical or arithmetical errors allowed under Section 362 – High Court's suo moto recall of the order quashing the FIR was without jurisdiction – Original order quashing FIR restored [Paras 2-5].
Jurisd...
Penal Code – Private Defence – Sections 96 to 102 – A plea of private defence need not be set up in a particular manner and can be applied to others if the evidence shows a preponderance of probabilities – The concept of acting in excess must be assessed based on the continuous apprehension of danger – Use of weapons significant in context – Courts must be cauti...
Juvenile Justice – Determination of Age – Respondent no. 2, Nishant Solanki, claimed juvenility at the time of the incident dated 05.05.2020 – High School marksheet indicated his date of birth as 25.09.2004 – Sections 94 of the JJ Act, 2015, mandates presumption of juvenility unless reasonable grounds for doubt exist – Application for medical test dismissed, with reli...
Sexual Assault – Definition and Interpretation – High Court's interpretation of Section 7 of the POCSO Act requiring "skin-to-skin" contact for sexual assault is incorrect – Supreme Court held the most important ingredient for constituting the offence of sexual assault under Section 7 is the "sexual intent" and not the "skin-to-skin" contact &nda...
Criminal Procedure – Quashing of FIR – Section 174-A IPC – Non-appearance in Court – FIR registered against the petitioner for non-appearance in trial proceedings – Petitioner later granted anticipatory bail and acquitted in the main case – High Court held that continuation of proceedings under Section 174-A IPC after acquittal in the main case constitutes abuse...
Criminal Law – Attempt to Murder – Conviction and Sentence – Appellants used deadly weapons, inflicting grievous injuries on the vital parts of the victims' bodies – Stab injuries on stomach and near the chest warranted conviction under Section 307 IPC – Conviction upheld as per evidentiary value of injured eye-witnesses and nature of injuries [Paras 2-4].
Evid...
Criminal Law – Quashing of FIR – Specific role attributed to the accused in the FIR – High Court exceeded its jurisdiction under Section 482 CrPC by quashing the FIR without considering the allegations properly – Reliance on draft charge-sheet which was not yet submitted to the Magistrate was inappropriate – High Court's order set aside [Paras 20-21, 23].
Draft...