Criminal Law – Rape – Consent – Relationship Between Accused and Victim Found Consensual – Allegations of Drugging Not Substantiated – Appeal Against Acquittal Dismissed – Appellant challenged acquittal of accused under Sections 376, 376(2)(n), 376(d), 120-B, 342, 506 IPC and Section 67 IT Act – FIR filed 9 months after alleged incident – Prior simil...
Criminal Law – Quashing of FIR – Allegations of Cheating and Forgery in Judicial Process – Petitioner accused of filing a writ petition using complainant’s name and forged signature to obtain favourable court orders – Judicial enquiry held by Registrar revealed lapses by petitioner’s advocate, advocate’s clerk, and oath commissioners in verifying documents...
Criminal Law – Theft of Electricity – Illegal Hooking – Ownership of Premises Not Established – Conviction Set Aside – Appellant was convicted for dishonest abstraction of electricity through direct hooking from LT line after disconnection of legal supply – Raid conducted without verifying house ownership – Prosecution witnesses admitted no proof or docume...
Preventive Detention – Verification of In-Camera Statements – Subjective Satisfaction – Petitioner challenged preventive detention under MPDA Act alleging non-compliance with procedural safeguards – Contended that Detaining Authority failed to personally verify in-camera statements of witnesses – Held: It is not a legal requirement that the Detaining Authority must pe...
Criminal Law – Attempt to Murder – Section 307 IPC – Distinction in Role of Co-Accused – Appellants Vishunath and Arjun Pasi convicted under Section 307 IPC for causing injuries to Kallu – Injured deposed that Arjun Pasi fired at him with a country-made pistol causing a firearm wound in lower abdomen/pelvis, a vital part – Vishunath allegedly hit with a danda on...
Criminal Law – Sections 307, 323, 504, and 506 IPC - Acquittal – Appeal under Section 419 BNSS – Sole testimony of injured complainant not supported by medical evidence – Delay of 16 days in initiating prosecution remained unexplained – No independent witness produced despite being named – Suppression of fact that accused had also sustained injuries and police p...
BNSS – Quashing of FIR – Compromise – Dacoity Allegation – Absence of Dishonest Intention – All property returned – FIR lodged against unknown persons – High Court erred in sustaining Section 310(2) BNS (dacoity) despite quashing other offences – Held: Allegations do not satisfy ingredients of theft/robbery/dacoity; entire FIR quashed under Article 1...
Criminal Law – Quashing of Proceedings – Securities Market Fraud – Consent Order by SEBI – Not a Bar – Petitioners sought quashing of FIR alleging conspiracy in IPO scam through fraudulent demat accounts to corner retail investor quota – Alleged offences under IPC include cheating, forgery, and criminal breach of trust – Petitioners contended SEBI's co...
Criminal Trial – Murder – Identification Evidence – Dock Identification After 8½ Years – Invalid TIP – Procedural Irregularities in Video-Conference Testimony – Recovery Not Connected to the Crime – Bloodstains Not Matched – Hostile/Infirm Evidence – Held: Conviction unsustainable; prosecution failed to prove guilt beyond reasonable doub...
Criminal Law – Quashing of Criminal Proceedings – Cognizance under Section 186 IPC – Magistrate cannot take cognizance for offence under Section 186 IPC except upon a written complaint by the public servant concerned or their administrative superior as mandated by Section 195(1)(a) CrPC – Police report filed by Sub-Inspector in absence of such complaint cannot be treated as...