Allegations of Fraud in Sub-Lease Agreement – Petitioner and complainant (Reliance Corporate IT Park Limited) entered into a sub-lease agreement with assurances of uninterrupted electricity supply – Complainant accused petitioner of not maintaining promises, leading to disconnection of electricity and demanding additional money or property purchase – Alleged criminal intent to de...
Penal Code, 1860 (IPC) – Sections 405, 415, 420 – Breach of Contractual Terms – Alleged breach of contract does not constitute criminal breach of trust without clear entrustment – Offence of criminal breach of trust requires (i) entrustment with property, (ii) dishonest misappropriation or conversion – No entrustment shown – Cheating requires (i) deception, (ii)...
Criminal Procedure - Bail - Application for regular bail under Section 439 of CrPC - Allegations of compromising national security and sharing secret information with co-accused - Petitioner falsely implicated - Weak evidentiary value of disclosure statement - No recovery of narcotics from petitioner - Trial in progress - Serious and specific allegations against petitioner - Bail denied. (Para 5)
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Negotiable Instruments Act – Sections 138 and 139 – Dishonour of Cheque – The drawer's admission of signing a cheque raises a presumption of liability – This presumption cannot be rebutted merely by proving that the cheque details were filled in by someone other than the drawer – Handwriting expert's report on whether the drawer filled in the cheque details is...
Dowry Death – IPC Section 304B – The trial court convicted the appellant based on the second dying declaration implicating him, despite acquitting his parents on the same evidence – High Court reduced the sentence but upheld the conviction – Supreme Court found the first dying declaration more reliable as it was made voluntarily without any external influence, unlike the se...
Gang Rape and Aggravated Penetrative Sexual Assault - Conviction under Section 376D IPC and Section 6 POCSO Act - Appeals dismissed, conviction and sentences upheld - Accused involved in gang rape and aggravated penetrative sexual assault of a minor - Approver's testimony corroborated by forensic evidence and other witnesses, establishing charges beyond reasonable doubt - Victim's age esta...
Criminal Law – Conviction Reversal – High Court convicted the appellant under Section 302 read with Section 34 IPC after reversing the trial court's acquittal – Appellant's appeal to Supreme Court dismissed in limine without recording reasons – Supreme Court emphasized the need for notice and recording reasons when disposing of appeals under Article 134(1)(a) or (b)...
Criminal Procedure - Bail application under Section 439 of the Code of Criminal Procedure - Charges under the NDPS Act - Recovery of "Commercial Quantity" of poppy pods - Consideration of Section 37 of the NDPS Act for granting bail - Prima facie satisfaction required - Likelihood of influencing witnesses or absconding (Para 9).
Falsification of Involvement - Allegation of f...
Criminal Law – Charge Framing – High Court set aside the trial court's order framing charges of rape and POCSO Act offenses against the accused – Supreme Court found the High Court's reasoning, particularly on delay in lodging FIR, incomprehensible and erroneous – Reiterated that charges should be framed based on prima facie evidence and strong suspicion, not proof ...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential...