Criminal Law - Preventive Detention – Authority to Fix Detention Period – Power Vested with State Government – Commissioner Mentioning Six-Month Detention Period Not Fatal - The Court held that under the PIT NDPS Act, the State Government alone is empowered to fix the detention period based on Advisory Board recommendations – The initial mention of six months by the Commiss...
Criminal Law - Discharge Petition – Absence of FIR Mention Not Ground to Discharge – Petition Dismissed – Petitioner sought discharge citing non-mention of name in FIR and acquittal of co-accused in original trial – Court held that FIR is not an encyclopedia and acquittal of co-accused irrelevant as evidence was not recorded in presence of present petitioner – Charge ...
Criminal Law – Murder – Appeal Against Conviction - Eyewitness Credibility – Testimony of Relatives – Caution Required - Conviction Based Solely on Eyewitnesses Set Aside - The prosecution relied mainly on two eyewitnesses (PW11 and PW12), both children of the deceased – PW11 admitted to being tutored by police, while PW12’s presence at the scene and injury clai...
Criminal Law – Attempt to Commit Rape – Prima Facie Case Not Made Out – Summoning Order Modified – The revisionists were summoned for attempt to commit rape (Section 376 read with Section 18 of POCSO Act) based on allegations that they grabbed the victim’s breasts, broke the string of her lower garment, and attempted to drag her beneath a culvert – The Court hel...
Anticipatory Bail – Allegation of Abetment to Suicide – Grant of Interim Protection – Bail Granted - Petitioners (wife and son of deceased) sought anticipatory bail under Section 438 CrPC in FIR No. 431/2024 under Sections 306/34 IPC – Allegations included harassment of deceased and forced consumption of poison – Petitioners contended deceased had psychiatric illnesse...
Criminal Law – Murder – Appeal Against Acquittal - Last Seen Evidence – Incomplete Chain – Circumstantial Weakness – Acquittal Upheld - The appellant-State challenged the acquittal of the accused on the basis of last seen evidence supported by PW-3 and PW-5 – Held: The last seen circumstance did not conclusively establish the presence of the accused with the dec...
Criminal Law - Criminal Misappropriation – Forgery – Bitumen Supply Scam – Conviction Upheld – Appellant, proprietor of M/s Cosmo Transport, found guilty of misappropriating bulk bitumen meant for Saharsa Division using forged supply orders and CRCs – Approver (PW-5) testified that documents were forged under appellant’s instructions – Evidence established...
Criminal Law - Gang Rape – Conviction Based on Sole Testimony of Prosecutrix – Upheld – Appellant convicted for abducting and sexually assaulting prosecutrix along with co-accused – Supreme Court upheld finding of guilt under Sections 366, 376(2)(g), and 342 IPC – Held: Prosecutrix’s consistent and credible testimony requires no corroboration; minor inconsistenc...
Criminal Law - Suspension of Sentence – Requirement of Reasoned Order – Suspension Set Aside – High Court suspended sentence of respondents convicted under Sections 302/149 IPC without assigning reasons – Held: As per Section 389(1) CrPC and Supreme Court precedent, appellate courts must record reasons while suspending sentence in serious offences – Orders passed with...
Criminal Law – Murder and Robbery – Appeal Against Conviction - Circumstantial Evidence and Last Seen Theory – Conviction Confirmed - Appellants convicted under Sections 302 and 392 IPC for murdering their employer and robbing his belongings – Prosecution relied on 'last seen together' evidence, mobile phone data, recovery of gold chain from jeweler, and blood-stain...