Domestic Violence Act – Penal Action under Section 31 – Breach of Monetary Relief – Conviction Set Aside – The petitioner challenged the appellate court’s order setting aside the respondent's conviction for non-payment of interim maintenance awarded under Section 23 of the D.V. Act – The High Court held that only breach of ‘protection orders’ und...
Regular Bail – Section 18 of the NDPS Act - Long Incarceration Before Trial Conclusion – Grant of Bail Justified – The petitioner faced prolonged incarceration exceeding 2 years 10 months on allegation of recovery of 2.6 kg opium – Court noted the trial’s slow progress with only 5 out of 13 witnesses examined after charges framed – Citing improbability of carryi...
Criminal Law - Bribery and Conspiracy Allegation – Demand and Acceptance of Illegal Gratification – Sections 7, 13(1)(d), 13(2), Prevention of Corruption Act – Appeal Allowed – The appellant, an Assistant Administrative Officer, was accused of demanding bribe along with a superior officer for claim settlement in an insurance matter – Initially acquitted by t...
Criminal Law - Section 138 of the – Cheque Bounce - Expert Evidence – Request for Second Expert Opinion after Adverse Private Report – Petition Dismissed – Petitioner sought to refer signatures on the cheque to a Government Forensic Expert after already examining a private forensic expert whose opinion was discarded by the trial court – Court held that when the petiti...
Arms Act Conviction – Doubtful Evidence – Conviction Set Aside – Petitioner was convicted under Section 25 of the Arms Act based on recovery of .315 bore pistol and live cartridge – Court noted unexplained delay in sending the weapon for ballistic testing, non-submission of recovered cartridge for expert opinion, and armourer’s report failing to mention examination of...
Murder and Rape Conviction – Circumstantial Evidence – Guilt Not Proved – Conviction Set Aside – Appellant convicted under Sections 302, 376, 397 IPC and sentenced to death on circumstantial evidence—Supreme Court held prosecution failed to establish a complete chain of circumstances linking appellant to the crime—last seen evidence found unreliable—confes...
Criminal Law - Quashing of Proceedings – Power under Section 482 CrPC – Limited Scope – Petition to quash entire proceedings arising from personal relationship alleging offences under IPC, IT Act, and SC/ST Act – Court reiterates settled principle that power to quash should be sparingly exercised – Held: Except for offence of stalking under Section 354-D IPC, allegati...
Anticipatory Bail – Maintainability under NDPS Act – Rigour of Section 37 Applicable – Applicant sought anticipatory bail in connection with offences under Sections 8(c), 21(b), 27, 29 of the NDPS Act – Prosecution objected to maintainability citing Supreme Court decisions emphasizing stringent conditions under Section 37 – Held: Anticipatory bail not maintainable whe...
Criminal Law - Section 319 CrPC – Power to Summon Additional Accused – FIR Naming but Non-Charge-Sheeting – Summoning Restored – The complainant’s appeal arose from the High Court quashing the Trial Court’s summoning of Respondent No.2 under Section 319 CrPC – The Supreme Court held that the Trial Court was correct in summoning Respondent No.2, whose prese...
Criminal Law - Sections 302, 376AB, 377, 201 of the of the IPC - Rape and Murder of Minor – Last Seen, Recovery of Dead Body, and DNA Evidence – Conviction Upheld – The appellant was convicted for the brutal rape, unnatural sexual assault, and murder of a 10-year-old girl – Conviction based on last seen evidence by child witnesses, recovery of deceased’s body from app...