Premature Release – Application of Government Policy – Petitioner sought premature release under the 1991 policy of the Punjab Government – Contention on inclusion of parole period in the calculation of actual imprisonment – State's policy changed in 2020 to exclude parole period from actual sentence – Court held the policy at the time of conviction governs premat...
Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].
Ident...
Quashing of Proceedings – Absence of Prima Facie Case – Application Allowed – The petitioner was charged under the IPC and Immoral Traffic (Prevention) Act, 1956, after being apprehended at a location allegedly used as a brothel. Examination of the case diary revealed that the petitioner was present as a customer, with no allegations or evidence indicating involvement in managing...
Criminal Law – Offences under the Insecticides Act – Petitioners challenged the cognizance and summons issued by the Trial Court for selling insecticides without a license – The main argument focused on the non-compliance with Section 33 of the Insecticides Act, which mandates the inclusion of the company in proceedings against its officers [Paras 1-12].
Procedure under Section ...
Criminal Law – Prevention of Money Laundering Act – Legality of Arrest – Procedural Compliance - Petitioner challenged his arrest under Section 19 of the PMLA on grounds of procedural violations, including failure to supply “reasons to believe” and non-consideration of exculpatory material – The Court held that Section 19 imposes stringent safeguards, requiring ...
Dowry Harassment and Cruelty – Section 498A IPC – Insufficient Evidence – Appellant alleged harassment and demands for ₹1,50,000/- on two occasions for job recruitment and transfer – Trial Court found no corroboration for the incidents, with gaps in medical and material evidence – Held: Mere allegations without supporting evidence cannot sustain conviction under Sec...
Criminal Law – Murder – Conviction overturned - Dying Declarations – Conflicting Evidence – Two inconsistent dying declarations formed the basis of the prosecution's case – Court observed significant discrepancies in the deceased's statements regarding specific overt acts by the accused – Decision: The Court held it unsafe to convict the accused solely b...
Family Law – Interim Maintenance – Execution of Maintenance Orders – Appeal Dismissed – The appellant challenged the execution of an interim maintenance order passed under Section 36 of the Special Marriage Act, contending that the order was not enforceable under Section 39A, which applies to orders passed under Chapters V or VI, while Section 36 is in Chapter VII – H...
Criminal Law – Murder Conviction – Appellant convicted for the murder of Girija Devi – Eyewitness account from the informant (mother-in-law of the deceased) contradicted by her own statements and other witnesses declared hostile – Conviction based on unreliable sole testimony – No motive or recovery of the weapon – Appellant acquitted due to lack of evidence [Pa...
Criminal Law - Post Settlement FIR - Mutual Settlement – Quashing of FIR – Abuse of Process Prevented - The matrimonial disputes between petitioner No.1 and Prabhjot Kaur, including spousal support and custody, were resolved in Australia, where both parties are citizens. Respondent No.2’s initiation of criminal proceedings in India was held to be an abuse of process, as mutual se...