Criminal Law – Bail Granted by High Court Upheld by Supreme Court – Challenge by Union of India against Jharkhand High Court's order dated 30.01.2023 granting bail to the respondent, Mrityunjay Kumar Singh, involved in the Chandwa police attack case – Supreme Court found no strong prima facie case against the conditions of bail being violated and noted no substantial material...
Allegations of Sexual Assault and Subsequent Marriage – FIR against Maksood Ahmad alleging sexual assault under Section 376 IPC – Later marriage between the accused and the prosecutrix post FIR registration and religious conversion of the prosecutrix - Scrutiny of the marriage's validity and motives behind conversion and marriage. [Paras 1-3, 5, 60-62, 64-70, 112]
Lega...
Criminal Law – Demand and Acceptance of Bribe – Appellant, a Forest Section Officer, convicted for demanding and accepting bribe – Prosecution alleged that the appellant demanded Rs. 5,000 as bribe from the complainant, a saw-mill operator, to refrain from booking a case for illegal possession of teakwood – The complainant's testimony contradicted by call detail records...
Bail Application Dismissal – Dablu Kujur's appeal against the High Court's rejection of his bail application – Offences under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act – Bail denied due to the trial being at an advanced stage with the majority of witnesses examined [Paras 2-4].
Criminal Procedure – Police Report Compli...
Incident and Initial Trial - Incident on 09.01.1999 led to the death of Akbar and injuries to others - Accused Mohd. Yunus (A1), Mohd. Jamil (A2), Ghasita (A3), and Akhtar Hussain (A4) were tried - A1, A2, and A3 initially convicted for offences under Sections 302 and 323 IPC, A4 acquitted later. [Para 1]
High Court's Judgment - Appeal in High Court - Acquittal of A1 from Section ...
Grant of Anticipatory Bail Challenged – State's appeal against the High Court's decision granting anticipatory bail to the respondent-accused in connection with the seizure of 232.5 kg of ganja, exceeding the commercial quantity as defined in the NDPS Act. [Para 2]
Involvement in Drug Offences – Respondent-accused indicted as a conspirator for procurement/supply of...
FIR Quashing – Criminal Procedure Code, 1973 (CrPC) – Section 482 – Petition seeking quashing of FIR No. 171/2023 under IPC Sections 417/419/468/471/120B – Allegations of creating fake email and impersonation for filing false complaints – Petition dismissed, FIR not quashed. [Para 1, 27]
Complaints Against Government Officer – Alleged conspiracy and...
High Court Order Challenged – Accused facing trial under NDPS Act requested call details of Seizure Officer and police officials – High Court directed immediate decision on such applications – Challenged by State of Rajasthan. [Paras 3-4]
Legal Position of Section 91 Cr.P.C. – Established by State of Orissa Vs. Debendra Nath Padhi (2005) 1 SCC 568 – Accus...
Trial Court's Acquittal and High Court's Reversal – The Trial Court acquitted the accused in a murder case involving the death of Marthandappa, but the High Court reversed this decision, convicting the appellants based on the testimonies of PW-3 and PW-4 (Paras 1, 2, 11-14, 18, 34).
Eyewitness Credibility and Conduct – Questioning of the credibility of PW-3 and PW-...
Criminal Law – Culpable Homicide – Section 304 Part II of IPC – The Supreme Court modified the conviction of the appellant from Section 302 (murder) to Section 304 Part II (culpable homicide not amounting to murder) of the Indian Penal Code. The Court held that the appellant's act of firing a gun in a crowded place without taking reasonable safety measures, which led to the d...