Criminal Law – Quashing of FIR – Section 528 BNSS (corresponding to Section 482 CrPC) – FIR alleging rape on pretext of marriage filed by complainant after she was issued a show cause notice by her employer pursuant to the appellant’s complaint – Appellant and complainant were colleagues for five years and were in a consensual relationship – FIR filed four month...
Criminal Procedure – Application under Section 528 B.N.S.S. – Maintainability – Prospective accused challenged the order of Magistrate directing registration of FIR and investigation under Sections 173(4) and 175(3) B.N.S.S. – Magistrate acted on complaint by retired SC community bank officer alleging conspiracy and forgery by bank officials to defame him – Held: Unde...
Criminal Law – POCSO – Acquittal – Conviction of appellant under Section 8 of POCSO Act based solely on testimony of victim – High Court finds victim admitted to being tutored by her mother and others – Multiple contradictions in statements under Sections 161 and 164 Cr.P.C. – Independent witnesses (PW4, PW5, PW9) did not support prosecution case – Medical...
Criminal Law – Clubbing of FIRs – Investor Fraud – Petitioners sought consolidation of FIRs registered across Telangana, Karnataka, Maharashtra, West Bengal, Delhi, Andhra Pradesh, and Rajasthan alleging identical modus operandi of duping investors – Court held prayer to club all FIRs from different States and even future FIRs “overambitious and illegal” –...
Criminal Law – Rape – POCSO – Acquittal – Accused stepfather convicted under Section 376(2)(f) IPC and Section 6 POCSO for alleged repeated rape of 17-year-old stepdaughter over 4 years – FIR lodged by son of accused – Defence argued marriage with victim’s mother took place only in 2021, making 4-year timeframe implausible – Defence evidence and expl...
Rape Conviction – Deaf and Dumb Witness – CrPC S.164(5-A); Evidence Act Ss.118–119 – Interpreter was prosecution witness; denial of effective cross-examination – Trial vitiated – Conviction set aside without remand; guidelines issued for vulnerable witnesses.
Rape Conviction – Deaf and Dumb Witness – Section 376(2)(l) IPC; Section 164(5-A) CrPC &n...
Criminal Procedure – Quashing of FIR – Scope and Limits of Judicial Interference – Complaint against a former Chief Minister alleging disproportionate assets – FIR quashed by High Court on grounds of political vendetta and mala fides – Supreme Court reverses High Court decision – Holds that FIR disclosed commission of cognizable offence and warranted investigati...
Criminal Writ - Juvenile Justice – Habeas Corpus – Continued Detention of Juvenile – Petitioner detained since 2017 in murder case – Claimed before Trial Court that he was a juvenile on date of offence (DOB: 13.12.2002) – Scholar register and Principal’s statement showed age as 14 years 3 months 19 days at time of offence – Trial Court failed to determine ...
Negotiable Instruments Act – Section 148 – Suspension of Sentence – Deposit of 20% – Not Mandatory – Held: The deposit of 20% of compensation amount under Section 148 NI Act is not an absolute precondition for suspension of sentence – The word "may" in Section 148(1) confers discretionary power on the Appellate Court – It can be waived or reduced...
NDPS Bail – Section 21(c), NDPS Act – Commercial quantity heroin (500 gms) – Bail granted despite Section 37 bar due to prolonged custody of 1 year 5 months, absence of antecedents, and SC precedents – Conditional liberty with strict safeguards [Paras 11-16, 17, 26].
Commercial Quantity & Rigors of Section 37 – Recovery of 500 grams heroin constituted commercia...