Challenging of Order under Section 482 Cr.P.C. - Petition against the order dated 04.09.2023 by the Additional District and Sessions Judge, rejecting the application for recalling P.W.1 for further cross-examination in a POCSO case - Offences under IPC and POCSO Act alleged against the petitioner. [Para 1]
Factual Background - Complaint leading to charges under IPC and POCSO Act - Pet...
Bail - Criminal Law – Money Laundering – Proceedings under the Prevention of Money Laundering Act (PMLA) – Involvement in Money Laundering – The Supreme Court examined the involvement of the appellants in the offence of money laundering as defined under Section 3 of the PMLA. The bench evaluated evidence, including statements and documents submitted under Section 50 of the ...
Criminal Law – Murder and Attempt to Murder – Acquittal – The Supreme Court overturned the convictions for murder under Section 302 and attempt to murder under Section 307 of the Indian Penal Code (IPC). The appellants, Periyasamy (A1) and R. Manoharan (A2), were acquitted of all charges. The Court found inconsistencies in witness testimonies, absence of independent witnesses, de...
Bail Application in Serious Offences – Rejection by High Court and Subsequent Appeal to Supreme Court – Involvement in offences under IPC and Arms Act – FIR No. 77/2019 from Police Station I.P. Estate, Delhi. [Para 1-3]
Duration of Custody and Health Issues – Appellant in custody for over four and a half years and facing health issues – Considered signifi...
Anticipatory Bail Denied by High Court – Challenge Against Order Dated 04.08.2023 in Criminal Misc. No.44004/2022 by Patna High Court – FIR No.817/2016 for offenses under IPC Sections 420, 406, 467, 468, 471, 34, 120-B – Initial application for anticipatory bail withdrawn, subsequent application dismissed based on G.R. Ananda Babu v. State of Tamil Nadu precedent. [Para 1-3]
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Murder of Child & Extra-Judicial Confession – Appellant (younger brother of PW-1) allegedly confessed to murdering his nephew and disposing of the body in a well – Circumstantial evidence and extra-judicial confession formed the basis of conviction by High Court, overturning Trial Court's acquittal – Supreme Court scrutinizes the reliability and consistency of the confess...
Criminal Law – Prevention of Corruption Act, 1988 – Assets Disproportionate to Known Sources of Income – The Supreme Court considered the appeals of Puneet Sabharwal and R.C. Sabharwal against the judgment of the Delhi High Court. Both appellants were charged under the Prevention of Corruption Act, 1988, for possessing assets disproportionate to their known sources of income. The...
Criminal Law – Freedom of Speech and Expression – Obscenity and Decency – In an appeal challenging the FIR registered for alleged obscene content in a web-series, the Supreme Court delved into the nuances of Sections 67 and 67A of the IT Act. The Court examined whether the use of profane language in the web-series constituted obscenity or sexually explicit content warranting pros...
Attempt to Murder (Section 307 IPC) – Conviction and Sentence – Appellant convicted for attempted murder under Section 307 of IPC, with rigorous imprisonment of five years and a fine of Rs. 5,000; in default, simple imprisonment for one year. Accused 2 and 3 convicted under Section 114 read with Section 307 of IPC, sentenced to simple imprisonment for five years and a fine of Rs. 2,000...
Criminal Law – Defamation – Freedom of Speech – Court examined the legality of FIR of offences under Sections 153A, 500, 501, 504, 34, and 120B of the Indian Penal Code (IPC) against the appellant, the director of an e-newspaper, for allegedly publishing defamatory content. The bench evaluated the applicability of these provisions in the context of freedom of speech and the thres...