Criminal Law – Acquittal and Probation – Accused-respondents acquitted of serious charges under Sections 308/34, 325, 324, 323 IPC – Convicted under Sections 325/34, 324/34, 323/34, 341 IPC – Trial court extended benefit of Section 4 of Probation of Offenders Act – Petitioner challenges acquittal and probation [Paras 1-2].
Evaluation of Evidence – T...
Criminal Law – Murder Conviction – Appellants convicted for the murder of Tuntun whose body was found mutilated on a railway track – Conviction based on circumstantial evidence including "last seen together" and recovery of bloodstained clothes – Trial court’s judgment affirmed by High Court – Appeal challenges credibility of witnesses and reliability ...
Criminal Law – Common Object and Intention – The appellants were convicted for rioting and causing grievous injuries to police officers. The High Court affirmed that the assembly of appellants, initially lawful, became unlawful when they attacked the police. The testimonies of injured police officers were deemed credible and sufficient for conviction. The Court underscored that for Sec...
Prevention of Corruption – Conviction Set Aside – Appellant, a junior clerk, was convicted for accepting a bribe for influencing a judicial officer – Conviction based on evidence of demand, acceptance, and chemical analysis confirming phenolphthalein powder – Court noted that the charge framed under Section 8 of the Prevention of Corruption Act was inappropriate as it shoul...
Criminal Law – Conviction Reversed: Appeal challenges the conviction and sentence imposed by the Sessions Court based on conflicting dying declarations of the deceased. High Court observed material contradictions between the two declarations, leading to acquittal due to lack of reliable and consistent evidence [Paras 14-25].
Dying Declarations – Inconsistencies: Two dying declaratio...
Criminal Law – Anticipatory Bail – Health Condition – Petitioner, a 75-year-old woman with advanced carcinoma, sought anticipatory bail. The Court considered her critical health condition and allowed her to join the investigation through video conferencing instead of traveling from the USA to Amritsar, Punjab [Paras 1-6].
Custodial Interrogation – Not Required – Co...
Vehicle Confiscation – Pending Criminal Proceedings – Petitioner challenges confiscation of Mahindra Bolero under Section 47(A)(2) of the M.P. Excise Act by Collector during pendency of criminal case – Court discusses jurisdiction and timing of confiscation orders in relation to ongoing criminal trials – Conflicting judgments from coordinate benches on whether confiscation ...
Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act – Complainant initially made no allegations of dowry – Subsequent complaints and counter-complaints filed by both parties – Allegation of dowry demand emerged after initiation of divorce proceedings by husband – Cou...
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of his niece, sustaining multiple injuries – Trial court’s judgment affirmed by High Court – Conviction set aside due to unreliable witness testimony, failure to collect DNA evidence, and improper handling of hostile witnesses – Lack of corroborative evidence to support presence of appe...
Bail – Grounds for Granting – Petitioner, a 22-year-old female student, sought bail after being in judicial custody for over seven months – Alleged involvement in a conspiracy with parents to kidnap a minor child for ransom – Prosecution claimed petitioner was the mastermind, but evidence primarily implicated parents – Supreme Court precedents emphasize bail as rule, ...