Conviction can be sustained only when circumstances are fully established, consistent solely with guilt, conclusive in nature, exclude every hypothesis of innocence and form a complete chain – Held: Chain of circumstances not complete – Benefit of doubt to accused [Paras 16-17].
Last Seen Theory – Hostile Witness – PW-15 Ramzan Khan turned hostile and denied seeing accus...
Contempt of Court – Non-Compliance of Supreme Court Directions – Arnesh Kumar Guidelines – Repeated filing of contempt petitions alleging violation of directions dated 02.07.2014 concerning arrest under offences punishable up to seven years – Court observes persistent non-compliance by States of Punjab and Haryana – Prima facie failure to ensure systemic adherence to ...
Criminal Law – Quashing of FIR – Matrimonial Dispute – Allegations under Sections 498A, 406 IPC and Section 4 Dowry Prohibition Act – Husband sought quashing alleging FIR as counterblast to divorce petition – Court reiterated limited scope of inherent jurisdiction – At quashing stage no mini-trial permissible – Where allegations taken at face value disclos...
Bail – UAPA – Long Incarceration – Appellant in custody for over 2 years and 6 months – Only 4 out of 21 prosecution witnesses examined – Cross-examination of 3 witnesses pending – Trial not likely to conclude in near future – Held: Prolonged incarceration violates Article 21 – Long custody by itself is a significant ground for grant of bail even in ...
Rape – Consent on Promise of Marriage – Discharge – Prosecutrix alleged physical relations on false assurance of marriage – Record revealed long-standing relationship of two years – Single incident alleged – Delay in complaint and FIR – No material indicating force, coercion or false inducement from inception – Held: No prima facie material to show c...
Bail – Regular Bail – Corruption by Senior Public Servant – Petitioner (DIG rank officer) alleged to have demanded ₹8,00,000/- through intermediary for extending official favour and preventing coercive action – Co-accused apprehended in trap accepting ₹5,00,000/- – Recorded conversations and controlled call relied upon – Held: Prima facie material cannot be ...
Criminal Law – Murder and Criminal Conspiracy – Case Based on Circumstantial Evidence – Appellants convicted under Sections 302/201/120B/149 IPC – No eye-witness to occurrence – Prosecution relied on last seen theory, CDRs, recovery of mobile and motorcycle parts and confessional statements under Section 164 CrPC – Held: None of the incriminating circumstances f...
Negotiable Instruments Act – Dishonour of Cheque – Conviction and Sentence – Accused convicted by Trial Court and conviction confirmed in appeal – During pendency of criminal revision, parties filed joint application under Section 147 of the N.I. Act read with Section 359 BNSS seeking permission to compound offence – Held, Section 147 makes offence under Section 138 c...
Criminal Law – Supplementary Report – Section 173(8) CrPC – Nature – Supplementary report forms integral part of primary report – Court must treat both reports conjointly – Cumulative effect of all reports to be considered before forming opinion on prima facie case [Paras 10, 17, 19].
Further Investigation – Submission of Final Report after Co...
Criminal Law – Culpable Homicide – Alteration of Conviction – Accused convicted under Section 304 Part-I IPC for assault with axe and thenga causing multiple fractures – No eye-witness to occurrence – Prosecution relied on statement of deceased recorded under Section 161 Cr.P.C. treated as dying declaration and testimony of P.W.5 – Medical evidence indicated dea...