Criminal Law – Kidnapping with Intent to Murder – Respondents acquitted by the trial court – Prosecution’s case based on the testimony of PW2-Dharmendra Kumar and other witnesses – Trial court found no evidence of intent to kill or to dispose of the victim in a manner that endangered his life – Acquittal affirmed by High Court due to lack of substantial evidence...
Dowry Harassment and Cruelty – Section 498A IPC – Insufficient Evidence – Appellant alleged harassment and demands for ₹1,50,000/- on two occasions for job recruitment and transfer – Trial Court found no corroboration for the incidents, with gaps in medical and material evidence – Held: Mere allegations without supporting evidence cannot sustain conviction under Sec...
Criminal Law – Murder Conviction – Appellant convicted for the murder of Girija Devi – Eyewitness account from the informant (mother-in-law of the deceased) contradicted by her own statements and other witnesses declared hostile – Conviction based on unreliable sole testimony – No motive or recovery of the weapon – Appellant acquitted due to lack of evidence [Pa...
Criminal Law – Murder – Conviction overturned - Dying Declarations – Conflicting Evidence – Two inconsistent dying declarations formed the basis of the prosecution's case – Court observed significant discrepancies in the deceased's statements regarding specific overt acts by the accused – Decision: The Court held it unsafe to convict the accused solely b...
Criminal Law - Murder – Circumstantial Evidence – Lack of Cogent Proof – Appeal Allowed – Acquittal - The appellant was convicted for murder and other offenses based on circumstantial evidence, including allegations of motive, discovery of skeletal remains, and DNA profiling. The Supreme Court held that the prosecution failed to establish any credible evidence linking the a...
Criminal Law – Quashing - Possession of Knife – Applicability of DAD Notification – Sections 25, 54, and 59 of the Arms Act – Quashing of FIR and Chargesheet - The appellant was charged under the Arms Act for possessing a buttondar knife with dimensions lesser than those specified in the Arms Rules. The prosecution relied on the DAD Notification (1980), which regulates cert...
Family Law – Interim Maintenance – Execution of Maintenance Orders – Appeal Dismissed – The appellant challenged the execution of an interim maintenance order passed under Section 36 of the Special Marriage Act, contending that the order was not enforceable under Section 39A, which applies to orders passed under Chapters V or VI, while Section 36 is in Chapter VII – H...
Criminal Law – Rape Conviction – Sentencing Reduced – Appellant convicted under Sections 451, 376, and 506 IPC for committing rape, trespass, and criminal intimidation – Trial Court sentenced him to rigorous imprisonment: 1 year for Section 451, 3 years for Section 506, and 7 years for Section 376 IPC, with fines imposed – High Court upheld the conviction but reduced ...
Criminal Law – Conviction Modified – Appellants charged under Sections 302, 324, 326, and 114 of IPC for murder of a co-worker during a sudden quarrel while playing cards – Trial court convicted under Section 302 IPC and sentenced to life imprisonment – High Court re-examined evidence and held the offence falls under Section 304 Part II IPC as there was no premeditation &nd...
Criminal Law – Bail - Prolonged Undertrial Incarceration – Right to Liberty – Article 21 of the Constitution – Bail Granted with Conditions – The Appellant, a former Minister of West Bengal, sought bail citing prolonged incarceration of over two years, health ailments, lack of recovery of cash from him, and alleged mitigating circumstances, including parity with co-ac...