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...
CRIMINAL APPEAL – Murder – Acquittal -Benefit of Doubt – Credibility of Prosecution Case – Sufficiency of Evidence – Examination of Witnesses – Discrepancies in Witness Statements – Absence of Key Witnesses – Lack of Weapon Recovery – False Implication – Indian Penal Code – Murder – Assault – Criminal Conspiracy – ...
Criminal Appeal - Conviction and Sentence - Accused convicted for rape and murder of a 3-month-old girl child - High-speed trial conducted without providing sufficient time for the accused's defense - Violation of principles of a fair trial - Conviction and sentence set aside - Matter remitted for a de novo trial with proper defense opportunity. [Para 2-22]
Evidentiary Value of DNA Report -...