Criminal Law - Sections 342 and 376 IPC - Conviction for Rape and Wrongful Confinement – Delay in FIR – Explanation Satisfactory – Conviction Upheld – FIR lodged after 20 hours due to young age of victim and long distance to police station – Victim’s statement consistent and corroborated by medical and documentary evidence – Held: Delay not fatal – C...
Criminal Law - Section 193, 406, 418, 420, 423, 468, 469 of IPC - Criminal Complaint – Second Quashing Petition – Not Maintainable – Review Impermissible – The High Court allowed a second quashing petition under Section 482 CrPC, despite an earlier petition on identical grounds having been dismissed – Held: Raising previously available pleas in a second peti...
Criminal Law - Sections 3(1)(viii), 3(1)(ix), and 3(2)(vii) of the SC/ST Act – Quashing of Proceedings under Section 482 CrPC – High Court Order Upheld – Appellant alleged mala fide prosecution by public officials for opposing wrongful land allotment – High Court found no evidence of caste-based discrimination or mala fide intention – Held: The initiation of proceedin...
Criminal Revision – Conviction under Arms Act – Acquittal Ordered – Petitioner was convicted under Sections 25(1-B)(a) and 26 of the Arms Act for alleged illegal possession of a country-made pistol and cartridges – Trial Court and Appellate Court upheld the conviction – High Court on revision found discrepancies in recovery location and nature of ammunition – He...
Criminal Law - Quashing of Criminal Proceedings – Inherent Powers under Section 482 CrPC – Alternative Remedy Available – The applicant sought quashing of proceedings under Section 406 IPC – Held: In view of recent Supreme Court decisions, inherent jurisdiction should not be exercised when efficacious statutory remedy exists – Application under Section 482 CrPC not ma...
Criminal Law - Murder – Circumstantial Evidence – Section 302/120-B IPC – Conviction Upheld - The appellant challenged her conviction for conspiring to murder a 9-year-old boy through a child in conflict with law by drowning him in a stepwell – The prosecution’s case was based on circumstantial evidence comprising six factors: family dispute (motive), incriminat...
Criminal Law - Murder –Section 302 & 34 of the IPC – Acquittal Ordered – The Trial Court and High Court had convicted the appellants based solely on the testimony of the deceased’s wife and son – Supreme Court found improbabilities in their presence at the scene, contradictions with the medical evidence, and no corroboration from other witnesses &ndash...
Quashing of Criminal Proceedings – Section 376 IPC – Exception in Peculiar Circumstances – Continuation Unnecessary – The appeals arose from refusal by High Court to quash criminal cases including Section 376 IPC despite mutual settlement – Supreme Court noted second FIR (376 IPC) was lodged immediately after first FIR by opposite side and complainant categorically ex...
Criminal Law – Abetment of Suicide – Appeal Against Conviction - Sections 306 and 498A IPC – Acquittal Granted – Appellant was convicted for cruelty and abetment to suicide of his wife based on stale allegations and letters referring to incidents from 1999–2000 – Suicide occurred in 2005 – Court held that the time gap negated any proximate cause or i...
Dishonour of Cheque – Lack of Authorization – Conviction under Section 138 of NI Act Set Aside – The accused issued a cheque in settlement of a failed property transaction where consideration was paid jointly by the complainant and another individual – The accused challenged the maintainability of the complaint on the ground that the complainant alone could not prosecute wi...