Criminal Law – Circumstantial Evidence – Murder and Robbery – Conviction Upheld – The appellants were convicted under Sections 302, 120-B, 392, and 411 IPC for the murder of an elderly woman and robbery of her valuables – Held: The prosecution successfully established a chain of circumstantial evidence, including last-seen theory, recovery of stolen articles, call det...
Criminal Procedure – Right to Speedy Trial – Delay in Cross-Examination – Section 528 BNSS – Held: Speedy trial is a fundamental right under Article 21 of the Constitution – Criminal Courts must ensure expeditious disposal of proceedings – Supreme Court in Abdul Rehman Antulay v. R.S. Nayak, 1992 (2) RCR 634, and Kartar Singh v. State of Punjab, 1994 (2) RCR 169...
Criminal Law – Abduction for Marriage – Section 366A IPC – Essential Ingredients Not Established – The accused was convicted for allegedly abducting a minor girl with the intention of marrying her – Held: The prosecution failed to establish beyond reasonable doubt that the victim was a minor at the time of the alleged offence – No conclusive birth certificate or...
Live-in Relationship – Protection of Minor – The petitioners sought protection for their life and liberty, as they were in a live-in relationship against the wishes of their families – Petitioner No.2 is a minor aged 17 years – The Court directed the Superintendent of Police to ensure the safety of the minor by producing her before the Child Welfare Committee, as per the Ju...
Criminal Contempt – Requirement of Advocate General's Consent – Section 15 of Contempt of Courts Act – Petition Misconstituted – The petition for initiating criminal contempt proceedings was filed without the prior consent of the Advocate General as required under Section 15 – Held: The absence of such consent renders the petition misconstituted, as no suo motu cr...
Bail – Cancellation – Grounds for Revocation – Accused granted bail for offences under IPC, IT Act, and POCSO Act – Subsequent complaint by victim’s mother alleging threats and pressure to withdraw the case – Special Court canceled bail for violation of conditions – High Court upheld the cancellation, emphasizing that interference with witnesses and threat...
Criminal Law – Defamation and Requirement of Sanction for Prosecution – Petition Dismissed – Petitioner filed a petition under Section 482 of the Cr.P.C. seeking to set aside the order of the Additional Sessions Judge which allowed a revision petition, setting aside an earlier Magistrate’s order that summoned the respondent to face trial for defamation under Sections 499 an...
Criminal Appeal – Identity of Accused – Absence of Test Identification Parade – Conviction Set Aside - Star witnesses failed to describe the accused's unique characteristics during the investigation – No test identification parade was conducted, and the Court-held identification was deemed insufficient to establish guilt – Trial Court’s reliance on in-court ...
Protection of Women from Domestic Violence Act – Residence Orders – Petitioners sought direction to shift respondent Nos.1 and 2 to alternative accommodation – Trial court allowed, but appeal dismissed without directing relocation – Issue of cohabitation in shared household with aged mother-in-law raised [Paras 1-3].
Section 19, Protection of Women from Domestic Violence...
Human Trafficking and Rape – Conviction of Accused –
The appellants, Jafar Ali and Shameer @ Saji, were convicted for human trafficking and rape of a minor. The victim, a 15-year-old girl from Bangladesh, was transported under false promises and sold for sexual exploitation. The High Court upheld the trial court’s judgment, emphasizing the reliability of the victim’s testi...