Divorce by Mutual Agreement – Recognition of Mubara’at – Declaration of Divorce Granted – The appellant sought a declaration of matrimonial status after claiming to have given triple talaq. The matter was resolved through a mubara’at (mutual agreement) dated 15.06.2024, wherein both parties agreed to dissolve the marriage subject to payment of Rs.30,00,000/- by the ap...
Criminal Law – POCSO and Rape – Conviction Reversed – Appellant convicted under Section 376 IPC and Section 6 of the POCSO Act for alleged rape of a minor victim, who later delivered a child – Trial Court relied on the victim's birth certificate and statement recorded under Section 164 CrPC to conclude the victim's minority and convict the accused – High...
Multiple Bail Applications – Consolidated Disposal – Section 483 of Bharatiya Nagarik Suraksha Sanhita – Bail Granted – The petitioner was accused in multiple cases for non-payment of dues to victims for cardamom purchases. He had been in custody since 29.05.2024. The Court held that indefinite incarceration was unnecessary and released the petitioner on bail subject to str...
Rash and Negligent Driving – Conviction under Sections 279 and 304(A) IPC – Upheld - The appellant drove his lorry in a rash and negligent manner, causing the death of the deceased and six cattle – The eye-witness accounts consistently established the appellant’s guilt, and the suggestion that the accident was caused by cattle trampling was rightly rejected – The Supr...
Criminal Law – Joint Recording of Section 313 Statements – Defective Procedure – Vitiation of Trial – Statements under Section 313 Cr.P.C. of co-accused Lakha Singh and Swaran Singh recorded jointly – Held: Such joint recording causes ambiguity and violates the statutory purpose of personal explanation of circumstances – Procedural defect curable by remand, but ...
Criminal Law – Passport Renewal – Pending Criminal Case – Permission Granted – Petitioner sought renewal of passport amid trial under Sections 498-A IPC and 3 and 4 of the Dowry Prohibition Act – Trial Court dismissed application citing risk of non-return and trial impediment – High Court reversed, allowing renewal upon compliance with terms – Court noted ...
Criminal Law – Abetment of Suicide and Cruelty – Quashing of Complaint – Lack of Specific Instigating Act – Application under Section 482 of CrPC – Petition by Accused No. 4 to quash the complaint in S.C. No. 539/2021, involving charges under Sections 498(A), 306 read with 34 IPC, alleging that petitioner, along with her family, subjected the victim to cruelty which u...
Criminal Law – Rape and Murder of Minor – Conviction – Appeal against Death Sentence – The appellant, aged 61, was convicted by the Special Court for kidnapping, raping, and murdering a 5-year-old girl – Death penalty imposed by the trial court under the POCSO Act, IPC Sections 302 and 376AB, and SC/ST (Prevention of Atrocities) Act challenged – High Court modif...
Criminal Law – Appeal Against Conviction – Acquittal – Appellant convicted for the offence under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POCSO Act by the trial court – Sentenced to 10 years’ rigorous imprisonment – Allegation of sexual assault on a deaf and mute minor girl by the appellant – High Court analyzed the inconsistencies, lacu...
Criminal Procedure – Bail in Serious Offences – Impact on Trial – Ordinarily, courts should not grant bail in serious offences like rape after trial commencement unless undue delay occurs – Supreme Court disapproved of the practice of granting bail based on discrepancies in the victim's statement at preliminary stages of trial [Paras 13–15, 20–21].
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