Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...
Criminal Law – Conviction for Possession and Trafficking of Counterfeit Currency – Appellants convicted under Sections 489B and 489C IPC – Trial court’s judgment upheld – Evidence relied upon included testimonies of police officers and the seizure of counterfeit notes – Conviction based on reliable testimony of police personnel, despite lack of independent witne...
Hostile Witnesses – Evidentiary Value – Reliance on Admissible Portion – The Court held that the evidence of a hostile witness cannot be discarded entirely and must be considered with due care. The admissible portion of PW-5’s testimony, corroborated by other reliable witnesses, indicated that the appellants had kidnapped the deceased. [Paras 9-10, 12-14].
Circ...
Criminal Law – Murder Conviction – Appeal against conviction for murder – Appellant convicted under Section 302 IPC for brutally killing Vinod Kumar – Trial court’s judgment based on eye-witness testimonies and corroborative evidence upheld – Appeal dismissed [Paras 1-23].
Witness Testimony – Interested Witnesses – Evidence of PWs 1 to 3...
Anticipatory Bail – Dowry Death – Petitioners seeking anticipatory bail under Section 438 of Cr.P.C. – Allegations of dowry harassment leading to suicide – Petitioners A.4 and A.5, relatives of A.1 (husband) – Petitioners assert no involvement in marital disputes or the alleged harassment – Opposed by Prosecution on grounds of ongoing investigation – Court...
Criminal Procedure – Framing of Charges – Petitioners challenged charges framed under Sections 304(ii) and 325 of IPC and Section 192-A of Motor Vehicles Act – Trial court's charge lacked necessary details against the second petitioner – High Court held charges for culpable homicide and grievous hurt untenable against the second petitioner due to lack of direct knowledg...
Negotiable Instruments Act, 1881 – Cheque Dishonor – Respondent accused of dishonoring a cheque issued to discharge a hand loan of Rs. 4,50,000/- – Trial court acquitted the respondent, finding the complainant entitled to Rs. 50,000/- with interest, observing doubts regarding the loan transaction – High Court held trial court erred in assessing evidence and misinterpreted t...
Evidentiary Value of School Admission Register –
Accused argued that Ex.P8, the extract of the school admission register, lacked evidentiary value as the author was not examined – Prosecution contended Ex.P8 is a public document under Section 74 of the Evidence Act, and secondary evidence of a public document can be produced under Section 65€ – Court held that Ex.P8, issu...
Criminal Law – Sexual Assault – Conviction under Section 354B IPC and Section 10 of POCSO Act – Appeal against conviction by the Trial Court – Accused argued lack of medical evidence of penetrative assault, investigation lapses including failure to seize mobile phone showing obscene images to the victim – Court upheld conviction, citing consistent testimony of the vic...
Police Clearance Certificate – Issuance for Overseas Employment – Petition for the issuance of PCC in light of an opportunity for employment in Brazil – Petitioner’s criminal case history cited as reason for delay in issuance – Trial court’s No Objection Certificate considered – Directed authorities to issue PCC if no adverse information beyond the mention...