Criminal Law - Murder Case – Conviction Based on Circumstantial Evidence – Validity of Disclosure Statements and Recovery – Appeals Dismissed - The appellants challenged their conviction under Section 302/34 IPC for the murder of Hardev Singh – The prosecution relied on CCTV footage, disclosure statements, recovery of stolen items, and an extra-judicial confession – T...
Criminal Law – Cyber Harassment – Conviction – Petitioner, a former MLA, challenged his conviction under Sections 504, 509 IPC, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, for forwarding a derogatory social media message against women journalists – Trial Court convicted and sentenced the petitioner based on evidence, including screenshots o...
Criminal Law – Appeal in UAPA Case – Limitation – High Court jurisdiction to condone delay – The appellant challenged the High Court’s jurisdiction to condone delay in filing an appeal against a declining order on a bail application under the Unlawful Activities (Prevention) Act (UAPA) – Proviso to Section 21(5) of the NIA Act explicitly mandates a 90-day limita...
Negotiable Instruments Act – Compounding of Offence – Joint Compromise Memo Filed – The petitioner was convicted under Section 138 of the NI Act for dishonor of a cheque for ₹20,00,000/-. During the pendency of the Criminal Revision, the parties amicably resolved the matter through a joint compromise memo, agreeing to settle the dispute for ₹19,00,000/-. The Court, exercising...
Delayed FIR – Impact on Credibility – FIR Quashed - The FIR, filed more than three years after the alleged interview, lacked explanation for delay – Court held that unexplained delays in filing FIRs often lead to embellishment, weakening the authenticity of the allegations – FIR quashed as per Supreme Court’s guidance in Manoj Kumar Sharma v. State of Chhattisgarh, (2...
Criminal Law - Criminal Conspiracy – Standard of Proof – Acquittal of Accused – The prosecution’s case alleged a conspiracy to facilitate a jailbreak by smuggling explosive materials into Burail Jail. Witnesses turned hostile, key incriminatory evidence such as communication devices were unrecovered, and contradictions in arrest dates created doubt. Held: Prosecution failed...
Money Laundering – PMLA – Discharge of Accused – Respondents discharged by Special Judge under PMLA post-acquittal in predicate offence (IPC sections) – High Court held discharge appropriate as PMLA charges contingent on commission of scheduled offence – Acquittal in scheduled offence nullifies basis for money laundering charges – Special Judge's order uphel...
Criminal Law – Discharge Application – Admissibility of Confessional Statements – Applicant’s name appeared solely in the voluntary confessions of co-accused recorded during recovery proceedings – Held: Confessional statements of co-accused are inadmissible under Section 30 of the Evidence Act in the absence of corroborative evidence – Prosecution failed to prov...
Constitutional Law – Right to Liberty – Habeas Corpus – Arrest and Remand – Petitioner challenged the arrest and judicial remand of his son (detenue) under Sections 61(2), 196, 352, 353(2) of BNSS and Section 67 of the IT Act – Grounds of arrest allegedly not furnished in writing as mandated under Article 22(1) of the Constitution and Supreme Court’s judgment in...
Criminal Law – Attempt to Rape – Section 376/511 IPC – Conviction Altered to Section 354 IPC – The appellant challenged the conviction under Section 376/511 IPC on the grounds that the evidence did not substantiate the charge of attempted rape. The appellant argued that no offence under Section 376/511 IPC was made out as the act did not proceed beyond preparation. The pros...