Criminal Law – Voluntarily Causing Hurt to Public Servant – Sections 332/34 IPC – Process Server assaulted while serving injunction order – Appellant no.1 abated on death – Conviction of appellant no.2 upheld – Process Server (P.W.4) went to serve injunction order passed in Misc. Case No. 14 of 1997 arising out of Title Suit No. 22 of 1996 – Both appellant...
Negotiable Instruments Act – Section 138 – Cheque Dishonour – Power of Attorney Holder as Witness – Competency – Cheque dated 05.03.2011 for Rs. 2,50,000/- issued by accused dishonoured – PW1, Power of Attorney Holder of complainant, examined as witness having direct knowledge of and having witnessed the transaction leading to execution of cheque – Trial c...
Criminal Law – Kidnapping – Rape – POCSO – Age of Prosecutrix – Proof – Charges under Sections 363/366/342/376/506 IPC and Section 4 of POCSO Act — prosecution's case that prosecutrix was aged 16½ years at time of incident in January 2013 — birth certificate not proved as original birth register lost during office shifting — parents ...
POCSO – Proof of Age – Mandatory Requirement – Consent immaterial if victim is a child – Prosecution must prove age beyond reasonable doubt – Birth certificate allegedly handed over by mother suppressed – School Certificate (Ex.P4) issued by Headmaster not supported by foundational records and inconsistent with victim’s own statement regarding date of birt...
Criminal Procedure – Anticipatory Bail – Maintainability of direct approach to High Court – Concurrent Jurisdiction – Section 482 BNSS gives concurrent powers to the High Court and Sessions Court to entertain anticipatory bail applications – Normal rule requires approaching the Sessions Court first, but High Court can entertain directly in special or extra-ordinary ci...
Criminal Law – Rape and SC/ST Act – Conviction under Section 376 IPC and Section 3(xii) of SC/ST Act – Reliability of Child Witness – Conviction Restored – Respondent accused of sexually assaulting a nine-year-old girl in a cowshed – Trial Court convicted the accused; High Court acquitted him citing contradictions and the improbability of the victim traveling 16...
Criminal Law – Matrimonial Dispute – Section 498A IPC – Dowry Prohibition Act – Quashing – Vague and Omnibus Allegations – FIR lodged after a delay of more than six years and seven months from the date of marriage alleging dowry demand, harassment, instigation by sister-in-law, miscarriage caused by husband's assault, sexual misconduct by father-in-law, and ...
Criminal Trial – Defect in Charge – Substantial Compliance – Purpose of charge is to inform accused of case against him – Charges framed though unsigned initially and later recorded in presence of accused – Accused participated in trial and cross-examined witnesses extensively – Held: Substantial compliance satisfied – accused had full knowledge of accusat...
Criminal Law – Quashing – Scheduled Castes – Conversion to Christianity – Loss of SC Status – SC/ST Act – Clause 3 of Constitution (Scheduled Castes) Order, 1950 – Appellant, born into the Madiga community (Scheduled Caste), converted to Christianity and served as a Pastor for over ten years – FIR registered for caste-based assault and atrocity offen...
TNPID Act – Default in repayment – Financial establishment – Accused induced public to deposit money through false computer job scheme promising monthly returns and repayment – Failure to repay matured deposits to 39 depositors established through consistent oral and documentary evidence – Conviction upheld [Paras 9–12]
Cheating and conspiracy – Section...