Criminal Law – Rape and Murder of Minor Girl – Sentencing – Appellant convicted for the offences under IPC and POCSO Act, sentenced to death by the trial court and confirmed by the High Court – Supreme Court commuted death sentence to life imprisonment, taking into account restorative justice principles and mitigating circumstances – Sentence of imprisonment for a per...
Criminal Law – Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 – Quashing of Proceedings – The Supreme Court deliberated on whether the proceedings under the Gangsters Act should continue against the appellants, Farhana and Sadarul Islam, following the quashing of the predicate offences. The appellants were initially charged under the Gangsters Act based...
Criminal Law – Malicious Prosecution – Quashing of FIR – The Supreme Court addressed the challenge against the High Court's dismissal of a petition for quashing FIR No. 248 of 2022. The FIR involved allegations of financial impropriety and deceit related to a job offer. The court scrutinized the circumstances under which the FIR was lodged, considering the delay in filing, la...
Criminal Procedure – Bail – Appeal against rejection of bail application by High Court – Appellant facing trial for multiple offences – Appellant in custody for over five years – Only two witnesses examined out of 35 prosecution witnesses – Co-accused granted bail by Supreme Court – Bail application allowed by Supreme Court – Conditions imposed for b...
Cancellation of Bail – Criminal Appeals against High Court orders granting bail – Assault and murder case involving accused Vivek Pal and Punit Pal – High Court granted bail which was challenged by the original complainant in Supreme Court – Supreme Court considers the severity of the crimes, the influence of the accused, and potential threat to the judicial process –...
Quashing of FIR – Criminal Appeal against High Court order dismissing petition to quash FIR lodged for offenses under Sections 498A, 406, 384, 420, and 120(B) IPC – Appeal brought following an acquittal in a related case and amidst allegations of consecutive FIRs on identical grounds in different states – Supreme Court finds High Court misinterpreted the chronological order of co...
Criminal Proceedings – Quashing – Cheating and Criminal Breach of Trust – Dispute of non-payment of bills under a contract – Allegations of issuing dishonored cheques – High Court quashes entire criminal proceedings including order taking cognizance, finding the dispute to be primarily civil in nature. [Para 10-11]
Intention to Cheat – Importance of...
Bail Granted by High Court – Review by Supreme Court – Criminal Appeal against the order of Allahabad High Court granting bail to accused persons convicted under multiple sections including 302/149 IPC – High Court granted bail based on period of incarceration and previous bails granted to co-accused – Supreme Court examines subsequent criminal activities and the involvemen...
Quashing of Conviction and Acquittal – Criminal Appeal against High Court and Trial Court's decision – Supreme Court acquits appellant convicted of robbery under Section 394 read with Section 397 IPC – No tangible or reliable evidence linking appellant to the crime – Recovery and identification of stolen items not proven to legal standards – Appeal allowed, and co...
Acquittal and Conviction History – Initial trial acquitted all accused (A-1 to A-6) due to inconsistent witness testimony and lack of credible evidence - High Court reversed acquittal for A-1, A-2, and A-3 based on re-evaluation of witness accounts and convicted them under Section 302 read with Section 34 IPC - Supreme Court examined the High Court’s deviation from principles governing...