Criminal Law – Anticipatory Bail – Appeal against the High Court’s order granting anticipatory bail to the respondent accused of sexually assaulting his 12-year-old niece – Supreme Court held that the High Court erred in granting anticipatory bail given the seriousness of the allegations and the statutory presumptions under Section 29 of the POCSO Act – Observations m...
Criminal Law – Abetment of Suicide – Disciplinary Action – The appellants, comprising college authorities, were charged under Section 306 IPC following the suicide of a student after disciplinary actions were taken against him for alleged misconduct – Supreme Court examined whether the actions of the appellants constituted abetment of suicide – It was held that there ...
Constitutional Law – Transfer of Criminal Trial – Petitioners, being the daughter and wife of the deceased, sought transfer of trial and further investigation from Andhra Pradesh to Hyderabad or New Delhi – Supreme Court held that the petitioners’ apprehensions of a biased trial and investigation due to the influence of state authorities and threats to key witnesses were re...
Criminal Law – Defamation – Second Complaint – Appellant filed a second complaint identical to the first, alleging defamation by the respondents through media reports. The first complaint was dismissed by the Judicial Magistrate, and the dismissal was upheld by the High Court. The Supreme Court reiterated that a second complaint on the same facts is not maintainable unless there ...
Preventive Detention – Right to Representation – Legibility of Documents – High Court set aside the detention orders on grounds of failure to supply legible copies of documents relied upon by the detaining authority – Supreme Court upheld that this failure violated the detenu's fundamental right under Article 22(5) of the Constitution – Appeal dismissed – Or...
Criminal Case - Anticipatory Bail - Interim Anticipatory Bail - Making Interim Anticipatory Bail Absolute - Need for Custodial Interrogation - Misuse of Liberty - Consideration of Gravity of Offense - Code of Criminal Procedure, 1973 - Sections 438, 341, 379, 294, 326, 34 of the Indian Penal Code - Investigation into Hailakandi Police Station Case No. 05/2023 - Allegations of Restraint, Attack, an...
Penal Code 1860 (IPC) – Murder – Acquittal – Discrepancies and inconsistencies in the prosecution witnesses' evidence – Material contradictions noted in testimonies – Convictions and sentences set aside – Appeals allowed [Paras 1-62].
Discrepancies in Evidence – Vital discrepancies in prosecution's witnesses – Testimonies failed ...
Defamation – Private Complaint by Minister/Public Servant – Special procedure under Section 199(2) CrPC does not eclipse general procedure under Section 199(6) – Public servant's right to file individual complaint preserved – Appeals concerning procedural objections dismissed [Paras 41-56].
Tweets and Defamation – Statement “your answer will dis...
Murder – Non-recovery of Weapons – Non-recovery of weapons does not discard the evidence of injured eye witnesses – Conviction under Sections 302 and 149 IPC upheld – Appeals dismissed [Paras 1-22].
Unlawful Assembly – Common Object – Ten individuals assembled with firearms and lethal weapons – Violence and the ultimate act leading to murder i...
Murder – Acquittal – Absence of weapon recovery not a ground for acquittal – Eye witness testimony sufficient to convict – Contradictions in FIR timing not substantial – High Court's acquittal quashed and Trial Court's conviction restored – Respondents directed to surrender [Paras 1-10].
Eyewitness Testimony – Sole reliance on credible...