Criminal Law – Murder – Circumstantial Evidence – Conviction Confirmed – Appellant convicted for the murder of his wife by inflicting a fatal head injury with a hammer – Sole eyewitness (daughter) turned hostile – Statement under Section 164 CrPC not relied upon as substantive evidence – Chain of circumstantial evidence complete and consistent with guilt &...
Criminal Law – Abetment of Suicide – Prima Facie Evidence – Summoning Upheld – Petitioner was summoned as additional accused under Section 319 CrPC in FIR registered under Section 306 IPC for abetting suicide of complainant’s brother – Suicide note and PW-1 testimony alleged continuous harassment and beatings by petitioner due to alleged illicit relationship wit...
Narcotic Drugs and Psychotropic Substances Act – Conviction – Acquittal – Appeal Allowed on Parity Grounds – Appellant (Accused No. 2) convicted under Section 8(c) read with Section 18 NDPS Act for possession of 5.5 kg opium – Trial Court imposed minimum sentence of 10 years RI and ₹1 lakh fine – Conviction affirmed by High Court – Co-accused (Accused No...
Criminal Procedure – Review of Section 482 CrPC Order – Maintainability – High Court had earlier dismissed accused’s petition under Section 482 CrPC seeking quashing of FIR – Accused filed a separate recall application, which was treated as a fresh case – Held: Once petition under Section 482 was dismissed, High Court became functus officio – Recall applic...
Criminal Law – Rape – Quashing of FIR – Consent and promise of marriage – Complainant alleged that the appellant had physical relations with her on false promise of marriage – Appellant contended that the FIR was filed only after he initiated administrative complaints against the complainant for harassment, including suicide threats and workplace misconduct – Su...
Criminal Law – Rape Conviction – Downgrade to Outraging Modesty – Appellant originally convicted under Section 376AB IPC and Section 6 of POCSO Act for allegedly sexually assaulting a girl under 12 – Victim’s consistent statements under Section 164 Cr.P.C., her deposition during trial, and medical evidence did not establish penetration – Allegations limited to t...
Criminal Law – Drugs and Cosmetics Act – Quashing of FIR – FIR registered by police under Section 13 of the D&C Act pursuant to Magistrate’s order under Section 156(3) Cr.P.C. – Held: Only authorities specified under Section 32 of D&C Act (Drug Inspector etc.) can initiate prosecution – Police has no jurisdiction to register FIR – FIR under D&C...
Anticipatory Bail – Modification of Conditions – Judicial Propriety – Respondent No. 1 accused in 31 criminal cases involving serious financial offences under IPC and BUDS Act – High Court granted anticipatory bail subject to condition not to leave India without prior permission – During pendency of SLP challenging said bail order, respondent filed application before ...
Negotiable Instruments – Dishonour of Cheque – Notice – Service Not Proved – Two post-dated cheques of Rs.4 lakhs and Rs.8 lakhs issued by respondent towards repayment of alleged loan – Cheques dishonoured for insufficient funds – Complaints filed under Section 138 NI Act – Magistrate convicted accused – Appellate court reversed conviction, holding t...
Criminal Procedure – Delay in Compliance of Supreme Court Order – Jurisdiction of Trial Court – Supreme Court had directed the Judicial Magistrate, 4th Court, Alipore to dispose of case AC-2053/2017 within six weeks from order dated 18.01.2024 – Judicial Magistrate, upon failing to conclude trial in time, passed order on 19.03.2024 declaring loss of jurisdiction due to laps...