POCSO Act – Serious Nature of Allegations – Bail Rejected – The petitioner was accused of multiple offenses under the IPC and POCSO Act, including sexual assault, conspiracy, and intimidation – The prosecution argued that the victim had committed suicide under mysterious circumstances, further complicating the case – Held: Given the gravity of allegations and potentia...
Criminal Proceedings – Quashing of Complaint – Section 482 CrPC – Scope of Judicial Review – The High Court quashed the criminal proceedings against Accused Nos. 1 and 2 under Section 498A IPC, holding that the allegations did not constitute cruelty as there was no demand for dowry – Held: The High Court erred in its interpretation by assuming that a dowry demand is a...
Bail in POCSO and IPC 376 Cases – Consideration of Consent and Delay – Accused Granted Bail – The applicant was accused of repeated sexual assault over 15 months; the prosecutrix was 16 years old at the time of filing the FIR – The court considered mitigating factors, including the consensual nature of the relationship, delay in filing the FIR, and absence of coercion &ndas...
Criminal Procedure – Framing of Charges – Section 193 IPC – Section 340 CrPC – Whether Cognizance Taken Properly – The petitioners were charged under Section 193 IPC for allegedly fabricating false evidence in connection with an earlier police case – Held: Section 195(1)(b)(i) CrPC applies to offences relating to giving false evidence in judicial proceedings &nd...
Criminal Law – Circumstantial Evidence – Murder and Robbery – Conviction Upheld – The appellants were convicted under Sections 302, 120-B, 392, and 411 IPC for the murder of an elderly woman and robbery of her valuables – Held: The prosecution successfully established a chain of circumstantial evidence, including last-seen theory, recovery of stolen articles, call det...
Criminal Procedure – Right to Speedy Trial – Delay in Cross-Examination – Section 528 BNSS – Held: Speedy trial is a fundamental right under Article 21 of the Constitution – Criminal Courts must ensure expeditious disposal of proceedings – Supreme Court in Abdul Rehman Antulay v. R.S. Nayak, 1992 (2) RCR 634, and Kartar Singh v. State of Punjab, 1994 (2) RCR 169...
Criminal Law – Abduction for Marriage – Section 366A IPC – Essential Ingredients Not Established – The accused was convicted for allegedly abducting a minor girl with the intention of marrying her – Held: The prosecution failed to establish beyond reasonable doubt that the victim was a minor at the time of the alleged offence – No conclusive birth certificate or...
Live-in Relationship – Protection of Minor – The petitioners sought protection for their life and liberty, as they were in a live-in relationship against the wishes of their families – Petitioner No.2 is a minor aged 17 years – The Court directed the Superintendent of Police to ensure the safety of the minor by producing her before the Child Welfare Committee, as per the Ju...
Criminal Contempt – Requirement of Advocate General's Consent – Section 15 of Contempt of Courts Act – Petition Misconstituted – The petition for initiating criminal contempt proceedings was filed without the prior consent of the Advocate General as required under Section 15 – Held: The absence of such consent renders the petition misconstituted, as no suo motu cr...
Bail – Cancellation – Grounds for Revocation – Accused granted bail for offences under IPC, IT Act, and POCSO Act – Subsequent complaint by victim’s mother alleging threats and pressure to withdraw the case – Special Court canceled bail for violation of conditions – High Court upheld the cancellation, emphasizing that interference with witnesses and threat...