Criminal Law - POCSO Conviction – Inappropriate Touching in Tuition Class – Acquittal on Appeal – Contradictions in Victim’s Testimony – Trial Court convicted appellant under Sections 9(m) and 10 POCSO – High Court found key inconsistencies between victim’s statement, complaint, and testimonies of her parents – Held: Material contradictions and absen...
Criminal Law - Dowry Death – Suicide by Drowning – Acquittal Upheld – No Evidence of Instigation – Appeal Dismissed – Trial Court acquitted husband and in-laws of the deceased citing lack of cogent evidence of abetment or cruelty – Deceased Leelaben was living separately with husband – Medical and witness testimony failed to establish mental or physical cr...
Criminal Law – NI Act - Dishonour of Cheque – Conviction Confirmed – No Violation of Fair Trial – Trial Court Acted Within Discretion – Petitioner accused of issuing a cheque for ₹6,00,000 which was dishonoured due to insufficient funds – Court held that accused failed to cross-examine witnesses, ignored repeated opportunities including chance to lead defenc...
Anticipatory Bail – Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act – Alleged Caste Slur Not in Public View – Bail Granted – FIR alleged that the appellant insulted the complainant with caste-based remarks and orchestrated an abduction conspiracy – Supreme Court noted absence of public view element necessary to invoke SC/ST Act provisions ...
Criminal Law - Murder – Common Intention – Conviction Under Section 302/34 IPC – Conviction Upheld – The appellant along with two co-accused allegedly assaulted the deceased with a knife leading to his death – Courts below found consistent eyewitness accounts confirming the appellant’s presence and role – Minor discrepancies in witness statements were not ...
Criminal Law - Rape Allegation – Promise of Marriage – Quashing of Proceedings – Appeal Allowed – The appellant sought quashing of criminal proceedings alleging rape and cheating on the ground that the relationship was consensual and the alleged promise of marriage, if any, came post facto – Supreme Court found that there was no inducement through false promise of mar...
CBI Investigation – Jurisdiction of High Court – Direction Set Aside – The High Court while granting bail directed CBI investigation based on a statement under Section 161
CrPC – Supreme Court held that such a direction in a bail proceeding exceeded jurisdiction under Section 439 CrPC – Held: No exceptional circumstance justified invoking extraordinary power &ndas...
Bail – Offence under POCSO Act – Allegation of Rape of Minor Niece – Bail Denied – The petitioner was accused of sexually assaulting his 7-year-old niece – Medical report did not rule out sexual assault – Victim’s testimony supported by obscene photographs found on petitioner’s mobile phone – Held: Considering the gravity of the offence, the pe...
Criminal Law – Conviction Under Section 498-A IPC Without Specific Charge – Conviction Set Aside – The appellants were initially charged under Section 306 IPC for abetment of suicide but were acquitted of that charge – However, the trial court convicted them under Section 498-A IPC despite the absence of a specific charge – Held: Section 498-A IPC is not a lesser offe...
Criminal Law - Quashing - Information Technology Act – Section 67 – Privacy and Consent in Marital Relationship – Application for Quashing Rejected – The applicant-husband sought quashing of criminal proceedings initiated under Section 67 of the IT Act for allegedly making and sharing an obscene video of his wife without her consent – Held: The marital bond does...