Criminal Appeal – Acquittal in Sessions Trials – Appeal against the judgment and order of acquittal – Allegations of political influence, witness tampering, and abduction – Detailed examination of events leading to the trial and subsequent proceedings – Grave concerns regarding fair trial and witness protection raised – Consideration of statements by key witness...
Criminal Appeal – Conviction under Sections 302 and 201 of the IPC – Appellant convicted and sentenced to life imprisonment – Impugned judgment of the High Court challenged – Prosecution based on extra-judicial confession, recovery of dead body, and weapon – Appeal allowed, and appellant acquitted due to lack of legal evidence and reasonable doubt on the prosecution&#...
Criminal Procedure Code, 1973 - Anticipatory Bail - Interim Protection - Contradictory Orders - Self-contradictory order passed by the learned Single Judge of the High Court - Grant of anticipatory bail rejected while simultaneously providing interim protection to the respondents for two months - Appeal against such order - Held, the High Court erred in granting interim protection after denying an...
Privacy – Right to Privacy – Allegations of unauthorized surveillance using Pegasus spyware – Supreme Court addresses concerns over privacy infringement and the potential chilling effect on freedom of speech and press – Emphasis on reasonable expectation of privacy and the necessity for restrictions to pass constitutional scrutiny [Paras 27-36].
Surveillance and National...
Criminal Appeal against conviction and sentence - Appellant acquitted of offense under Section 366 IPC - Conviction under Section 6 of the POCSO Act affirmed but sentence reduced - Appeal filed challenging the conviction and sentence. Kidnapping and sexual offenses alleged - Victim's statement contradicts prosecution's case - Victim's statement under Section 164 Cr. PC states that she ...
Criminal proceedings - Quashing of - Power of High Courts under Section 482 of the Criminal Procedure Code (Cr.P.C.) - Exercise of power to prevent abuse of process of any Court or to secure ends of justice - Powers to be exercised sparingly and with caution - Clear case of abuse of process of law must be made out by accused - Guidelines laid down for exercise of powers of quashing in the case of ...
Criminal Appeal - Conviction under Section 304 Part II, IPC - Discrepancies in prosecution evidence - Variance in witness statements - Corroborative testimonies - Medical evidence - Defence version - Appellant convicted by High Court after acquittal by Trial Court - Appeal challenged on grounds of inconsistencies in evidence, non-consideration of defence witness, and passage of time - Held, minor ...
Criminal Procedure Code – Section 482 – Quashing of Proceedings – Supreme Court observed that mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – The Court emphasized the distinction between a civil dispute and a criminal offense – The High Court err...
Criminal Appeal – Conviction under Section 302 IPC – Appellant convicted of life imprisonment for setting the deceased on fire – Multiple dying declarations by the deceased – Trial Court found them consistent and credible – High Court upheld the conviction and rejected the appeal. [Para 1-7]
Criminal Appeal – Conviction based on multiple dying declarations &n...
Anticipatory Bail – FIR registered under Sections 406, 498-A, 423 read with Section 34 of the Indian Penal Code, 1860 – Appellant’s plea for anticipatory bail – Complainant’s year of birth mentioned in FIR as 1967, while appellant much younger and not previously married – Complainant’s second marriage with the appellant – Complainant claims appellant...