Criminal Law - Rape - Conviction – Sole Testimony of Victim – Medical Corroboration Not Essential – Conviction Upheld - The prosecutrix, though a minor, gave a clear and consistent account of the offence – The delay in medical examination did not negate her statement – Medical opinion on habitual intercourse or absence of injuries was not fatal to the prosecution case...
Criminal Law – Bail – Murder - Prolonged Incarceration of Undertrial – Bail Granted – The applicant was arrested in October 2018 for allegedly murdering his younger brother – Despite more than 6 years of custody, trial had not progressed beyond listing of witnesses – The Court emphasized the right to speedy trial under Article 21 and observed that delay caused b...
Section 138 NI Act – Personal Criminal Liability of Director – Insolvency of Company No Bar – Appeals Dismissed – Appellant convicted for cheque dishonour and sentenced to two years imprisonment with ₹2.5 crore compensation – He claimed protection due to company liquidation and moratorium under IBC – Supreme Court held director’s criminal liability under...
Criminal Law - Rape Conviction – Delay in FIR – Medical and Forensic Contradictions – Conviction Set Aside – The FIR was lodged three days post-incident without satisfactory explanation – Medical evidence and absence of FSL report contradicted the rape allegations – The prosecutrix’s testimony lacked corroborative scientific or physical evidence, undermini...
Bail - Dowry Death – Section 304B IPC – Prima Facie Ingredients Not Met – Bail Granted – Allegation that the applicant demanded car EMI payments from the deceased’s family not corroborated by contemporaneous evidence – EMI payments found to have been made by the applicant himself – No credible evidence of cruelty “soon before death” in connecti...
Criminal Law – Bail – NDPS Act and UAPA – Bail Denied – Appellant accused of coordinating smuggling of Afghan-origin heroin via fictitious firm – Despite absence of contraband recovery from the appellant’s consignment, evidence of meetings, proxy control of firm, and documentary manipulation established prima facie complicity – Court held that the cumulati...
Criminal Law – Bail – Cheating and Forgery - Delay in Lodging FIR – Allegation of Counterblast – Bail Granted - FIR lodged after six years of alleged incident involving demand and acceptance of ₹15,00,000 for teaching job, and later denial of employment – Applicant contended FIR was retaliatory, following applicant’s FIR against informant’s relatives for...
Criminal Law – Quashing - Proclaimed Person – Improper Service and Ex Parte Order – Order Quashed – The petitioner was declared a 'proclaimed person' under Section 82 Cr.P.C. in a complaint under Section 138 NI Act, allegedly without proper service of summons or warrants and at an incomplete address – Petitioner claimed no knowledge of proceedings until police...
Motor Accident Claim – Compensation for Permanent Disability – Enhancement Allowed – The claimant, aged 48 years and engaged in dairy farming, suffered 60% permanent disability in a road accident and remained hospitalized for nearly a month – The Tribunal awarded a lump sum of Rs. 2,60,000 without assessing future loss of income, pain, or other non-pecuniary damages –...
Bail – Regular Bail – Sections 148, 149, 307, 120-B, 201, 341 of the Indian Penal Code, 1860 - Disclosure Statement Based Nomination – Bail Granted – The petitioner was not named in the FIR and was nominated based solely on the disclosure of a co-accused – No specific role or injury attributed to him – Petitioner in custody for over 9 months, with trial unlikely...