Criminal Law - Prevention of Corruption – Demand and Acceptance – Conviction and Sentence – Sections 7 & 13(1)(d) r/w 13(2) of the Prevention of Corruption Act – Appeal Partly Allowed – A-1 (Village Administrative Officer) convicted for demanding and directing acceptance of ₹500/- bribe for issuing community certificate; A-2 (Village Assistant) convicted for acc...
Criminal Law - Sentence – Life Imprisonment Fixed Term – Section 302 IPC – Sentence Complete – Release Mandated – The appellant was sentenced by the Delhi High Court to life imprisonment which was fixed at 20 years of actual incarceration without consideration of remission, affirmed by the Supreme Court – He completed 20 years of actual imprisonment on 09.03.202...
Constitutional Law – Gender Discrimination – Recruitment in JAG Branch of Indian Army – Notification under Section 12 of the Army Act, 1950 permits induction of women into JAG branch – Petitioners, more meritorious female candidates (Ranks 4 and 5 in female list with 477 & 447 marks) denied selection in favour of less meritorious male candidate (Rank 3 in male list with...
Criminal Law - Murder – Appeal Against Acquittal – Sections 302 & 449 IPC – Dying Declaration Found Unreliable – The State challenged the High Court’s reversal of the trial court’s conviction for murder and house trespass – The trial court had disbelieved the prosecution’s key eyewitness and convicted on the basis of dying declaration &ndas...
Criminal Law - Murder of Wife – Sole Testimony of Child Witness – Section 302 IPC – Conviction Upheld – The accused was convicted by the trial court for murdering his wife by inflicting head injuries—Case rested substantially on the testimony of his 9-year-old daughter (PW-3), an eyewitness who was sleeping beside the deceased—She saw her father covering the dec...
Criminal Proceedings – Quashing of FIR – Section 482 CrPC – FIR registered for offences under Sections 120B, 406, 420, 447, 468, 471, 506 read with 34 IPC – Allegations related to a property dispute where complainant claimed to be owner and accused allegedly trespassed and attempted to alienate property – Petitioner argued dispute purely civil in nature and continuati...
Criminal Law – Appeal Against Conviction – Sections 307, 225, 186, 332, 353 & 120B IPC – Appeal Dismissed – Undertrial escorted by PW.1 & PW.2 was shifted, at appellant (Assistant Superintendent, Central Jail) instance, into a private Qualis with unknown men; near village stop on appellant’s pretext, chilli powder thrown and knife/kirpan used; attempt to free ...
Bail Application – Delay in Disposal – Personal Liberty – Supreme Court Displeasure – Petition for bail pending in Punjab & Haryana High Court since August 2023 adjourned over a dozen times, mainly at the instance of complainant or State – By impugned order, matter adjourned again after recusal by Judge – SC reiterated that courts must be sensitive in matter...
Criminal Law - Sexual Assault on Minor by Father – POCSO Act S. 6 & IPC Sect. 506 – Concurrent Conviction Upheld – Petitioner convicted for repeatedly committing aggravated penetrative sexual assault on his 10-year-old daughter—Trial Court relied on clear, cogent victim testimony corroborated by elder sister, medical and forensic evidence including DNA match—High ...
Maintenance Claim – Second Marriage with Deceased Husband’s Brother – Section 125 Cr.P.C. – Dismissal Set Aside – Revision Allowed – Trial court dismissed maintenance claim of widow and her two minor children on ground that her marriage with deceased husband’s brother (respondent) was not proved – Departmental inquiry in police service found responde...