Criminal Law - Preventive Detention – PITNDPS Act - Detenus Already in Judicial Custody – No Material to Show Likelihood of Bail – Detention Orders Quashed – The detenus were already in judicial custody at the time of passing the detention orders – The detaining authority failed to record any cogent material suggesting that there was a likelihood of them being release...
Bail - Dowry Death – Grant of Bail – Stringent Scrutiny Required – Bail of In-Laws Cancelled – The appellant, brother of the deceased, challenged the bail granted by the High Court to four accused persons (the deceased’s in-laws) – The deceased had allegedly been harassed for dowry, with demands escalating from a motorcycle to a car – The post-mortem repor...
Criminal Law – Quashing – Rape - False Promise of Marriage – Long-Term Consensual Relationship – FIR Quashed – The appellant and the complainant were in an intimate relationship for over 16 years – The complainant alleged that the appellant had engaged in sexual intercourse with her under a false promise of marriage – However, she continued the relationshi...
Criminal Law – Appeal Against Conviction - Forgery and Fabrication – Lack of Primary Evidence – Conviction Set Aside – The appellant was convicted on the basis of allegations that he prepared the postal cover in which a forged marksheet was transmitted – The trial court relied on the testimony of a handwriting expert (PW-18) to establish the appellant’s involvem...
Criminal Law – Sentencing – Minimum Punishment under Special Statutes – Section 51(1A) of the Wild Life (Protection) Act mandates a minimum imprisonment of three years, extendable to seven years, along with a fine – Held: Courts do not have discretion to impose a sentence below the statutory minimum – The Special Judge erred in awarding a sentence of ‘already un...
Criminal Revision – Conviction for Fraud – The petitioner was convicted for offenses under Sections 403, 467, 468, 471, and 120-B IPC, involving the fraudulent manipulation of lapsed insurance policies to siphon funds using fake accounts – The petitioner’s conviction was upheld by both the Trial Court and the Appellate Court – High Court found no legal infirmity in th...
Amendment of Complaint – Domestic Violence Act – Correction of Errors – The petitioner challenged the trial court’s order permitting the respondent to amend the complaint filed under Section 12 of the Domestic Violence Act – The respondent had inadvertently left the monetary relief sections blank in the original complaint – Held: The amendment was a correction o...
Criminal Law – Quashing of Final Report – Petition under Section 482 Cr.P.C. – Petitioner accused of offences under Section 15(1) of POCSO Act and Section 67B of IT Act – Allegations of sharing and transmitting pornographic material involving a child – No material evidence to show petitioner shared or transmitted such material – Mere possession or storing withou...
Bail Application – Accused Charged Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Consideration of Offense Severity – Bail Granted - The appellant was accused of assaulting the complainant’s husband with a beer bottle, causing injuries, and making caste-based derogatory remarks. The Special Judge rejected bail, citing incomplete investi...
Criminal Law - Juvenile Justice – Joint Proceedings – Section 23 of JJ Act – Trial of Child in Conflict with Law Separately – The petitioner, a child in conflict with law (CCL), challenged the order permitting his joint trial with an adult co-accused before the Children’s Court – The prosecution argued that once a child is assessed for trial "as an adult,&q...