Protest Petition – Interpretation and Legal Standing – Criminal Appeal against High Court order dismissing application to quash summoning order – CJM took cognizance of offences based on affidavits in Protest Petition, despite police report recommending closure – Supreme Court holds CJM should have treated Protest Petition as a private complaint under Section 200 Cr.P.C., n...
Navas convicted under Sections 302, 449, and 309 IPC for murdering four family members and attempting suicide – Death sentence modified to life imprisonment for 30 years without remission by High Court – Supreme Court reviews and reduces sentence under Section 302 IPC to 25 years without remission including the period already served. [Paras 1-2, 9, 12, 15, 60]
Circumstantial evidenc...
Criminal Law – Quashing of Criminal Proceedings – Political Vendetta – Appellants argued that the complaint was initiated out of political animosity – Supreme Court reiterated that political vendetta alone is not a ground for quashing proceedings if the complaint otherwise makes out a prima facie case – Allegations in the complaint, if established, would result in con...
Criminal Law - Unlawful Detention and Assault by Police - Compensation and Accountability - legality and repercussions of the actions of police officers, especially in relation to the unlawful detention and assault of the appellant, Somnath, by respondent no.2, a police officer. The appellant was subjected to undignified treatment, including being paraded half-naked, and was detained illegally des...
Criminal Law – Fair Trial – Right to Legal Representation –Court examined whether the trial procedure adopted by the Trial Court in the absence of legal representation for the appellants adhered to the principles of a fair trial. The Court scrutinized the conduct of the Trial Court in recording examination-in-chief of prosecution witnesses without providing legal aid to unreprese...
Criminal Appeal – Bail under UAPA Act – High Court's rejection of bail – Accused arrested under Explosive Substances Act and Unlawful Activities (Prevention) Act – Petitioner challenges the High Court's order denying bail – Interpretation of Section 43D(5) of the UAPA Act – Relevance of co-accused statements – Lack of overt Act of terrorism attribu...
Background & FIR Details – FIR No.227/2017 lodged at Police Station Pasi Ghat, East Siang District, Arunachal Pradesh against several accused for alleged cheating and conspiracy regarding a ₹1 Crore transaction purportedly for a property purchase in Rajasthan – Issues of jurisdiction and nature of the dispute raised – Gauhati High Court upheld FIR while Rajasthan High Court...
Murder and Attempt to Murder – Appeal against Conviction – Criminal Appeal against the judgment of the High Court of Punjab and Haryana which upheld the conviction of the appellant under Section 302 and Section 307 of the IPC – Supreme Court finds major inconsistencies and lack of credible evidence in the prosecution’s case – Held that the testimony of the main prosec...
Jurisdiction of State vs. Special Court – Jurisdiction of Special Courts under UAPA – Criminal Appeal by the State of West Bengal against High Court's decision – FIR registered for offenses including under Sections 121A, 122, 123, 124A, 120B IPC and subsequently UAPA Sections added. High Court quashed proceedings asserting jurisdiction exclusively with Special Court under NIA...
Challenge to High Court Order – Appeal against Karnataka High Court's order quashing proceedings under Section 482 Cr.P.C. against the accused for offences under IPC and SC/ST Act – High Court found inconsistencies in the complainant's statements and lack of evidence for the forced abortion [Paras 2, 7, 9, 15].
Factual Background – Alleged sexual relationship...