Protection of Life and Liberty – Minor’s Right to Choose – Petition filed under Article 226 by a minor girl seeking protection from family coercion after refusing arranged marriage – Father (Respondent no. 4) evicted minor from home, used physical violence – Representation to police ignored – High Court directs police to consider threat perception and provide pr...
Suspension of Sentence – Petitioner’s plea for suspension of sentence rejected by High Court – Petitioner aged seventy and 90% visually impaired – High Court’s failure to consider age, health, and two years already served – Supreme Court emphasizes need for application of correct principles for suspension of fixed-term sentences – Casual and mechanical app...
Narcotics – Discharge of Accused – Trial Court Order Set Aside – Trial court discharged the respondent based on the inadequacy of evidence aside from co-accused statements under Section 67 of the NDPS Act – High Court emphasized admissibility of CDRs and additional evidence – Statements under Section 67 inadmissible under Section 25 of the Evidence Act alone but CDRs ...
Bail Application – Serious Charges – Applicant accused under various sections of IPC, Arms Act, and Maharashtra Police Act, including sexual assault and threats – Allegations include forcible intercourse, physical abuse, forced abortion, and threats of violence – Bail application filed after prolonged custody [Paras 1-2].
Delay in Reporting – Consensual Relationshi...
Rape and Criminal Intimidation – Conviction of Grandson for Raping Grandmother – Appellant challenged conviction for rape and criminal intimidation – Prosecution provided consistent evidence from the victim and corroboration from her daughter and neighbors – Appellant’s history of substance abuse considered – Delay in filing FIR deemed justified due to familial ...
Arrest under PMLA – Legality – Appeal against the High Court’s rejection of a criminal writ petition challenging the arrest by the Directorate of Enforcement (DoE) – Supreme Court examines compliance with statutory preconditions under Section 19 of the PMLA – Emphasizes mandatory recording and furnishing of ‘reasons to believe’ – Judicial scrutiny of...
Criminal Law – Discharge of Accused – Trial Court discharged respondent for lack of material evidence beyond co-accused statements under Section 67 of the NDPS Act – Revision petition filed by Union of India challenging this discharge – High Court emphasized the need for sufficient material to form a prima facie case [Paras 1-14].
Evidence – Call Detail R...
Evidence – Reliability of Victim’s Testimony – Victim alleged rape by the appellant; initial FIR filed on the basis of the victim’s written report. During the trial, discrepancies arose between the victim’s written report and her oral testimony, including the sequence of events and identification of the appellant. The court found significant inconsistencies and a lack...
Criminal Law – Rash and Negligent Driving – Conviction and Sentencing – Petitioner convicted under Sections 279, 337, and 304-A IPC for causing a fatal accident while driving a tanker in a rash and negligent manner. Trial court sentenced him to rigorous imprisonment and fines. Conviction and sentence upheld by appellate court, leading to the filing of the present revision petitio...
Bail Petition – Regular Bail – Petitioner previously filed bail petitions both before Sessions Judge and the High Court – Contention for bail based on long custody, completion of investigation, and lack of possibility to influence witnesses – Court emphasizes previous criminal antecedents and substantial quantity of heroin found – Petitioner’s custody not consid...