Exception 4 To Section 300 IPC Not Applicable Where Accused Takes Undue Advantage By Inflicting A Fatal Injury On An Unarmed Victim: Kerala High Court. Custodial Interrogation Isn't Automatic: Punjab & Haryana HC Criticizes ED Remand Process Patna High Court Acquits Accused in Abduction Case Due to Inconsistencies and Lack of Evidence Madhya Pradesh High Court Quashes Passport Authority's Demand for Court Permission in Minor’s Passport Renewal Dispute Serious Allegations Under POCSO Act Cannot Be Quashed Solely Based On Withdrawal Of Accusations By The Victim’s Parent: Kerala High Court No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans Disciplinary Upholds Action Against RPF Officer For Failing To Prevent Theft: Delhi High Court Eviction Under Senior Citizens Act Not Permissible Without a Maintenance Claim: Patna High Court Maintainability of Divorce Suits Under Muslim Personal Law: Madhya Pradesh High Court Recognizes Muslim Male's Right to Judicial Divorce Presumption Under Section 113A of the Evidence Act Cannot Arise Without Evidence of Cruelty: Supreme Court Judicial Review Under Article 32 Not a Substitute for Statutory Remedies: Supreme Court Prosecution Failed to Prove Ingredients of Kidnapping or Abduction with Illicit Intent: Supreme Court Excise Duty | Price Was Not the Sole Consideration for Sale, and Extended Limitation Was Unjustified: Supreme Court Disciplinary Proceedings Based on Hearsay and Malice Cannot Be Sustained: Supreme Court

"CRIMINAL LAW" Digest

Further Investigation – Power of Magistrate under Section 173(8) Cr.P.C. – Magistrate directed further investigation after a closure report was submitted – Held: The Magistrate's order lacked reasoning, relying solely on the complainant's submissions without application of mind – Decision: The order was set aside, and the trial court directed to rehear the petition ...

Criminal Law – Appeal Against Acquittal – Scope and Principles – The High Court emphasized that judgments of acquittal should not be interfered with lightly and appellate courts must be extremely careful in such cases. Only when perversity of fact and law is found should an acquittal be overturned [Paras 41-42].   Evidence – Inconsistent Testimonies – Mater...

Criminal Law – Gang Rape and Murder – Acquittal of Co-Accused – Conviction of Principal Accused – Modification of Sentence from Death to Life Imprisonment – Appellant No. 1, Ram Prasad Ahirwar, and Appellant No. 2, Banshilal Ahirwar, were convicted for gang rape and murder of a minor girl (their relative) – Trial Court awarded death penalty to both appellants &n...

Quashing of Proceedings – Application of Section 482 Cr.P.C. – The petition was filed to quash the criminal proceedings initiated against the petitioner under the charges of kidnapping and under POCSO Act after the minor girl eloped and married the petitioner – Both the victim girl and her mother turned hostile during trial – The court considered the marriage, birth of a ch...

Criminal Law – Attempted Rape and Assault – Appellant convicted under Sections 376/511 and 354 IPC – Allegations of the appellant and others unlawfully entering the premises, assaulting the victim, and attempting to commit rape – Conviction based on the evidence of the victim and other witnesses, seizure of blood-stained items, and medical reports confirming injuries consis...

Criminal Law – Discharge Petition – Dismissal of Discharge Petition Challenged – Accused sought discharge under Section 227 of Cr.P.C., arguing lack of prima facie evidence for charges under Section 509 IPC and Sections 11(1) and 12 of POCSO Act – Trial court dismissed discharge petition, finding sufficient grounds for proceeding with trial – High Court upheld trial c...

Quashing of Criminal Proceedings – Applicability of Section 197 CrPC – Protection to Public Servants Limited to Official Duties – Public officials allegedly colluding to create false evidence and fabricate an alibi for the accused in a murder trial – Held: The acts of collusion cannot be said to be part of the discharge of official duty; no sanction under Section 197 CrPC i...

Criminal Law - Forfeiture of Bail Bonds – Procedural Fairness – Quashing of Trial Court Order – The petitioner challenged the order of the trial court which forfeited his bail bonds and issued an arrest warrant for non-appearance. The Court observed that there was a procedural fallacy, as the petitioner was not afforded an opportunity to explain his non-appearance, which was a pr...

Criminal Law – Murder Conviction – Appellants convicted for the murder of Jayaraj @ Rajesh – Trial court's judgment affirmed by High Court – Supreme Court examines issues of dying declaration, witness hostility, and causal connection between injuries and death – The Court holds that the prosecution failed to establish the cause of death as directly linked to the i...

Juvenile Justice – Applicability of Juvenile Justice Act, 2000 – Appellant, a juvenile at the time of the offence, convicted under Sections 307 and 323 of IPC and Section 27 of the Arms Act – Plea of juvenility raised for the first time in appeal – Trial Court did not consider juvenility – High Court directed an inquiry by the Juvenile Justice Board – Inquiry co...