Criminal Law - Juvenile Justice Act – Quashing - Applicability of Section 75 – Actual Charge or Control Requirement – Charge Quashed – The appellant, Chairman of the Managing Committee of a school, was summoned under Section 75 of the JJ Act for failure to install CCTV cameras as per Guidelines issued by the Directorate of Education following an incident of sexual assault o...
Criminal Law - Juvenile Justice – Conflict of Jurisdiction – JJ Act Overrides NIA Act – Trial by Children’s Court – Juvenile charged under UAPA and other severe laws—Despite being tried as adult under Section 18(3) JJ Act, Court held: JJ Act, 2015 has overriding effect over all laws including NIA Act—Trial must proceed before Children’s Court, not Sp...
Criminal Law – Sections 303, 307 & 34 of the IPC – Appeal Against Conviction - Suppression of Exculpatory Evidence – Violation of Fair Trial – Acquittal Ordered – Appellants convicted of murder and attempted murder under IPC Sections 302 and 307 based on eyewitness testimonies of PW-4, PW-5, and PW-6 – However, affidavits submitted by PW-5, PW-6, and i...
Criminal Law – Quashing - POCSO Conviction – Role of High Court under Article 226 r/w Section 482 CrPC – High Court Overreach – High Court’s setting aside of the conviction under the POCSO Act and IPC held unsustainable – Supreme Court observed that the High Court misapplied its inherent powers, as serious offences like those under the POCSO Act cannot be quashe...
Criminal Law - Superdari – NDPS Act – Interim Custody of Truck – Section 52A NDPS – Offending Vehicle Seized with Contraband – Truck seized carrying 3213.6 kg of poppy straw—Trial Court granted interim custody under Sections 451 and 457 CrPC—Held: In light of amended Section 52A NDPS and Supreme Court rulings, vehicle used in commission of offence should n...
Criminal Procedure – Section 156(3) and 200 CrPC – Allegation of False Implication – Complaint Dismissed – Petitioner sought registration of FIR against police officers alleging false implication under Delhi Excise Act—Cited CCTV footage and illegal detention—Magistrate held complaint premature as trial under Excise Act was ongoing—High Court affirmed dism...
Anticipatory Bail – Sections 318(4), 316(2), 61(1) of the Bharatiya Nagarik Suraksha Sanhita (BNS) - Economic Offence – Prima Facie Conspiracy to Defraud – Bail Denied – Applicant accused of conspiring with two others to induce ₹82 lakhs from a restaurateur under pretense of bribing BMC officials for title transfer—Held: Prima facie material including WhatsApp chats...
Criminal Law – Regular Bail - Foreign National – Allegation of Illegal Entry – Confession to Police – Accused arrested on suspicion of being a Bangladeshi national without valid documents—Prosecution relied on alleged oral confession—Held: Confession before police inadmissible; prosecution case based only on alleged statement unsupported by valid documentary pro...
Criminal Law - Murder - Section 302 IPC – Conviction Based on Related Witnesses – Reversed – Appellant convicted for stabbing a minor girl to death along with co-accused—Trial court relied on testimonies of victim’s mother and relatives—Held: Testimonies of P.W.1, P.W.2, and P.W.3 riddled with inconsistencies, contradictions, and uncorroborated claims—Inde...
Criminal Law – Grievous Hurt – Section 326 IPC – Conviction Set Aside – Appellant convicted for grievously assaulting neighbour with a sharp weapon—Trial court held 307 IPC unproved but convicted under 326 IPC—High Court held: Prosecution failed to prove identity of assailant beyond reasonable doubt—Inconsistent testimony, lack of motive, and absence of cr...