Criminal Law – Bail Application – Consideration of Evidence and Custodial Period
Petitioner accused of multiple serious offenses, including attempt to murder police officers, illegal possession of arms, and possession of narcotic substances – Prosecution alleges petitioner fired at police team with intent to kill – Defence argues false implication and fabrication of eviden...
Criminal Law - Public Servants – Requirement of Sanction under Section 197 CrPC – Summoning Order Quashed – The appellant, a District Town Planner, was accused of illegal demolition of a college building – The Court considered whether the absence of sanction under Section 197 CrPC vitiated the proceedings – Held: The demolition was part of the appellant’s offici...
Further Investigation – Power of Magistrate under Section 173(8) Cr.P.C. – Magistrate directed further investigation after a closure report was submitted – Held: The Magistrate's order lacked reasoning, relying solely on the complainant's submissions without application of mind – Decision: The order was set aside, and the trial court directed to rehear the petition ...
Suspension of Sentence – POCSO Act – Appellant convicted under Section 6 and Section 10 of the POCSO Act, as well as under Section 323 IPC – Sentenced to 10 years rigorous imprisonment and additional terms – Application for suspension of sentence filed under Section 389 Cr.P.C. – Appellant has already served 7 years and 3 months in custody – No other criminal an...
Criminal Law – Appeal Against Acquittal – Scope and Principles – The High Court emphasized that judgments of acquittal should not be interfered with lightly and appellate courts must be extremely careful in such cases. Only when perversity of fact and law is found should an acquittal be overturned [Paras 41-42].
Evidence – Inconsistent Testimonies – Mater...
Criminal Law – Murder – Acquittal -Circumstantial Evidence – Requirement of Full Chain of Proof – Benefit of Doubt Given – The appellant challenged his conviction for two murders on the grounds that the prosecution failed to establish the motive and the last seen theory – Held: The prosecution could not prove the essential elements of circumstantial evidence as ...
Motor Vehicle Accident – Nature of Passenger’s Role – Deceased Considered Authorized Representative – The deceased, employed to load and unload goods, was traveling in the offending vehicle when it met with an accident. The insurance company contended that the deceased was a gratuitous passenger as no goods were present at the time of the accident – Held: The deceased...
Criminal Law – Conviction for Attempt to Murder and Arms Possession – Appellants convicted under Sections 307/34 IPC and Section 25 of the Arms Act – Trial Court sentenced Raj Singh to seven years and others to three years rigorous imprisonment with fines – Appeals contesting convictions based on alleged procedural errors and contradictions in witness testimonies [Paras 1-1...
Contempt of Court – Suo Motu Proceedings – Allegations Against Judicial Officer – Respondent’s petition under Section 482 Cr.P.C. contained remarks about Magistrate’s reluctance to pass orders and frequent adjournments – Examination of zimni orders revealed adjournments requested by respondent’s counsel – Court examines whether the remarks constitute...
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...