Criminal Appeal – Default Bail – Misapplication of Default Bail Provision by High Court – Supreme Court reverses the High Court's decision granting default bail to the respondent under Section 167(2) of CrPC – High Court's error in applying provisions of TADA instead of UAPA noted. [Paras 2, 4-5, 9, 14]
Unlawful Activities (Prevention) Act (UAPA) &ndash...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife with a knife, sustaining multiple stab wounds – Trial court’s judgment affirmed by High Court – Supreme Court rejects appeal, highlighting issues of witness reliability, particularly the testimony of the appellant’s minor daughter, who was declared hostile – The court emphasi...
Criminal Appeal – Circumstantial Evidence and Last Seen Together Doctrine – Appeals against conviction under Section 302 r/w 34 IPC for murder, based on circumstantial evidence and the 'last seen together' doctrine – Appellants challenge the judgment and order passed by the Additional Sessions Judge, Hingoli in Sessions Trial No. 45 of 2010. [Para 1, 5, 19-25]
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Criminal Law – Quashing of Complaint – Section 482 CrPC – The Supreme Court held that allowing the criminal proceeding to proceed for offences under Sections 494 and 495 of the IPC would constitute an abuse of process. The Family Court had conclusively determined that the appellant did not have a subsisting marriage when she entered into the second marriage with the respondent. T...
Background – The appeal challenges the Punjab and Haryana High Court’s decision dated 23rd August 2022, which granted custody of a minor child to the respondent-father from the appellant-grandmother under a writ of habeas corpus filed under Article 226/227 of the Constitution – Mother of the child, Sangeeta, deceased under suspicious circumstances; subsequent litigation...
Criminal Law – Conviction under Section 302 read with Section 149 IPC – Challenged for lack of evidence of unlawful assembly – Evidence provided by prosecution witnesses considered unreliable and contradictory – Accused allegedly last seen with the deceased but no sufficient proof of involvement in the murder – High Court upheld the conviction without validly constitu...
Dowry Harassment and Cruelty – Accusations of dowry demands, physical and emotional abuse by the appellant and his family – FIR lodged by the wife (Respondent No. 2) listing extensive mistreatment, including physical harm and emotional torture related to dowry demands – Chargesheet filed against appellant after police investigation, while other family members were absolved in the...
Criminal Law – Bank Fraud and Cheating – Special Leave Petitions challenging High Court’s decision upholding Trial Court’s conviction of petitioners for conspiracy (Section 120-B IPC) and cheating (Section 420 IPC) related to unauthorized banking transactions involving unauthorised temporary Demand Overdrafts facilitated by bank officers – Conviction affirmed as fraud...
Allegations of Sexual Exploitation Under False Promise of Marriage – Applicant accused of establishing physical relations with the victim on the promise of marriage - Victim later married another individual - FIR lodged following applicant's engagement with another woman - Applicant claimed relations were consensual and due to a love affair. [Para 3, 6]
Consent Obtained Unde...
Circumstantial Evidence and Presence at Crime Scene – Murder of Amrik Kaur by poisoning – Appellant Darshan Singh convicted under Section 302 read with Section 34 IPC – Prosecution based on circumstantial evidence, particularly the presence of appellant at the scene – Evidence of appellant's presence and opportunity to commit the crime critical in the case. [Paras 1-5, ...