Criminal Law - Bail – Second Regular Bail Application – No Change in Circumstance – Dismissed – Applicant filed second bail application citing prolonged custody exceeding three and a half years – No substantial change in circumstances since first application – Court held that seriousness of offence and role played by applicant in the sexual assault of minor boys...
Criminal Law – Revision Against Charge - Criminal Conspiracy and Corruption in Educational Appointments – Sections 7, 13(2) r/w 13(1)(d) P.C. Act, and Sections 120B, 477A, 471, 417, 420, 201 IPC – Charges Upheld – The petitioner, President of Dakshin Bharat Hindi Prachar Sabha, challenged the trial court’s order rejecting discharge and framing charges under P.C. Act a...
Criminal Revision – Discharge - Criminal Conspiracy – Forgery of Land Records – Discharge Rejected – Prima Facie Offence Established – Accused Nos.1 and 9 alleged to have encroached 3.77 acres of government land using a forged patta and false sale deed – The land in question was wrongly shown as private property through impersonation and fabricated documents &nd...
Criminal Procedural Law – Powers of Sessions Court under Section 193 CrPC – Summoning of Additional Accused – Supreme Court upheld the orders of the Sessions Court and High Court summoning the petitioner, not named in the charge-sheet, for trial of offences under Sections 302 and 376 IPC. It was held that upon committal of a case triable exclusively by the Court of Session,...
Criminal Law – Conviction for Rape and House-Trespass – Sections 376(2), 450 IPC and Section 4 POCSO Act – Upheld – The appellant was convicted for house trespass and rape of a minor girl. The conviction was based primarily on the sole testimony of the prosecutrix, corroborated by the testimony of her minor brother and supporting witnesses. The Supreme Court found the evide...
Criminal Law – Murder – Acquittal on Ground of Inadmissible Confessional FIR – Sections 302, 304 Part I IPC and Sections 8, 21, 25, 27 Indian Evidence Act – The Supreme Court set aside the conviction of the appellant for murder, finding that the High Court erred in relying on the accused's confessional FIR, which is inadmissible under Section 25 of the Evide...
Criminal Law - Section 239 of the Cr.P.C. - Discharge Petition – Prima Facie Material – Sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988, and Section 120B IPC – Dismissal of Discharge Petition Upheld – The petitioners, holding positions of legal officer and Managing Director in Malabar Cements Ltd (MCL), were accused of facilitating illegal invocation o...
Family Law - Domestic Violence Act - Interim Maintenance – Ex Parte Order – Right to Be Heard – PWDV Act – Orders Conditionally Set Aside – The petitioner challenged the ex parte interim maintenance granted under Section 12 of the PWDV Act, claiming denial of opportunity to file objections – Both the Nyayadhikari and Sessions Court rejected this contention, find...
Criminal Law – Revision Against Dismissal of Discharge - Illegal Emigration – Manipulation of Visa Classification – Prima Facie Case Against Counter Officer – CBI Allegation that the accused knowingly permitted travel of a passenger under manipulated tourist visa originally issued as employment visa – UID and visa number remained same despite label change &ndash...
Criminal Law - Cancellation of Bail – Sections 6, 10 and 17 of the POCSO Act - Sections 120B, 323, 328, 354, 354D, 376, 376(C), and 506 of the IPC - Grant of Bail in Serious Offences – Inadequate Reasoning – Order Set Aside – The Supreme Court examined a challenge by the complainant-father of a minor victim to the Delhi High Court's order granting bail to the accused un...