Regular Bail – Section 18 of the NDPS Act - Long Incarceration Before Trial Conclusion – Grant of Bail Justified – The petitioner faced prolonged incarceration exceeding 2 years 10 months on allegation of recovery of 2.6 kg opium – Court noted the trial’s slow progress with only 5 out of 13 witnesses examined after charges framed – Citing improbability of carryi...
Criminal Law - Bribery and Conspiracy Allegation – Demand and Acceptance of Illegal Gratification – Sections 7, 13(1)(d), 13(2), Prevention of Corruption Act – Appeal Allowed – The appellant, an Assistant Administrative Officer, was accused of demanding bribe along with a superior officer for claim settlement in an insurance matter – Initially acquitted by t...
Human Rights Violation – Compensation and Systemic Reforms – Disability Rights in Prisons – The Supreme Court examined the appeal by a disabled advocate who was falsely implicated, illegally arrested, and incarcerated without adequate medical care and reasonable accommodations – The Court upheld the enhancement of compensation to ₹5,00,000/- for custodial torture by polic...
Criminal Law – Section 13(1)(d), 13(2) of the PC Act - Appeal Against Dismissal of Quashing - Criminal Conspiracy and Abuse of Building Permission – Illegal Construction in Violation of Municipal Rules – Prosecution Upheld – The appellant-owner, in conspiracy with municipal corporation officials, obtained a renovation permit, despite there being no requirement under Kerala ...
Judicial Service Law - Strictures Against Judicial Officer – Principles of Natural Justice – Unwarranted Strictures Expunged – Appeal Allowed – The appellant, a Judicial Officer in Rajasthan, challenged the adverse remarks made by the High Court against him while granting bail to an accused without considering criminal antecedents – The Supreme Court held that the Hig...
Criminal Law - Quashing of FIR – Abuse of Criminal Process – Civil Dispute Given Criminal Colour – FIR Quashed – The appellants challenged the High Court’s order dismissing their petition under Section 482 CrPC seeking quashing of FIR No. 771/2020 involving alleged cheating and criminal breach of trust in a land sale transaction – The Supreme Court held that the...
Criminal Law - Section 138 of the – Cheque Bounce - Expert Evidence – Request for Second Expert Opinion after Adverse Private Report – Petition Dismissed – Petitioner sought to refer signatures on the cheque to a Government Forensic Expert after already examining a private forensic expert whose opinion was discarded by the trial court – Court held that when the petiti...
Arms Act Conviction – Doubtful Evidence – Conviction Set Aside – Petitioner was convicted under Section 25 of the Arms Act based on recovery of .315 bore pistol and live cartridge – Court noted unexplained delay in sending the weapon for ballistic testing, non-submission of recovered cartridge for expert opinion, and armourer’s report failing to mention examination of...
Murder and Rape Conviction – Circumstantial Evidence – Guilt Not Proved – Conviction Set Aside – Appellant convicted under Sections 302, 376, 397 IPC and sentenced to death on circumstantial evidence—Supreme Court held prosecution failed to establish a complete chain of circumstances linking appellant to the crime—last seen evidence found unreliable—confes...
Criminal Law - Sections 302, 376AB, 377, 201 of the of the IPC - Rape and Murder of Minor – Last Seen, Recovery of Dead Body, and DNA Evidence – Conviction Upheld – The appellant was convicted for the brutal rape, unnatural sexual assault, and murder of a 10-year-old girl – Conviction based on last seen evidence by child witnesses, recovery of deceased’s body from app...