Prevention of Corruption – Conviction Set Aside – Appellant, a junior clerk, was convicted for accepting a bribe for influencing a judicial officer – Conviction based on evidence of demand, acceptance, and chemical analysis confirming phenolphthalein powder – Court noted that the charge framed under Section 8 of the Prevention of Corruption Act was inappropriate as it shoul...
Criminal Law – Common Object and Intention – The appellants were convicted for rioting and causing grievous injuries to police officers. The High Court affirmed that the assembly of appellants, initially lawful, became unlawful when they attacked the police. The testimonies of injured police officers were deemed credible and sufficient for conviction. The Court underscored that for Sec...
Criminal Procedure – Non-Bailable Warrants – Issuance of Non-Bailable Warrants (NBWs) – The issuance of NBWs against the petitioner was challenged. The court found that the NBWs were issued hastily and without following the proper legal procedure. It emphasized the need for proper judicial scrutiny and application of mind before issuing NBWs, as such warrants impact personal libe...
Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act – Complainant initially made no allegations of dowry – Subsequent complaints and counter-complaints filed by both parties – Allegation of dowry demand emerged after initiation of divorce proceedings by husband – Cou...
Criminal Law – Quashing of Proceedings – Public Servant – Sanction for Prosecution – Petitioner, a public servant, challenged the cognizance of offences under Sections 323 and 504 IPC taken without prior sanction under Section 197 Cr.P.C. The petitioner, while serving as SHO, Police Station Masooda, was accused of abusing and beating the complainant during lawful detention....
Criminal Procedure – Recalling of Witness – Application under Section 311 of Cr.P.C. to recall a minor victim in a POCSO case – Special Court under POCSO Act rejected the application citing Section 33(5) of the POCSO Act – Petitioner’s counsel contends no absolute bar exists and cites various judgments to support the argument that recall of the victim can be permitted...
Vehicle Confiscation – Pending Criminal Proceedings – Petitioner challenges confiscation of Mahindra Bolero under Section 47(A)(2) of the M.P. Excise Act by Collector during pendency of criminal case – Court discusses jurisdiction and timing of confiscation orders in relation to ongoing criminal trials – Conflicting judgments from coordinate benches on whether confiscation ...
Bail – Grounds for Granting – Petitioner, a 22-year-old female student, sought bail after being in judicial custody for over seven months – Alleged involvement in a conspiracy with parents to kidnap a minor child for ransom – Prosecution claimed petitioner was the mastermind, but evidence primarily implicated parents – Supreme Court precedents emphasize bail as rule, ...
Criminal Law – Rape and Murder – Appellant convicted for the rape and murder of his niece, sustaining multiple injuries – Trial court’s judgment affirmed by High Court – Conviction set aside due to unreliable witness testimony, failure to collect DNA evidence, and improper handling of hostile witnesses – Lack of corroborative evidence to support presence of appe...
Criminal Law – Quashing of FIR – Application under Section 482 Cr.P.C. to quash FIR alleging dowry harassment and related offenses – High Court emphasized that FIR can only be quashed in the rarest of rare cases – Court found specific allegations of dowry demands and harassment substantiated by the complaint – Held that the Court cannot examine the veracity of allegat...