Criminal Law – Gang Rape – Acquittal – Appellants (Accused Nos. 1 to 4) convicted under Sections 120B, 366 r/w Section 34, 366A, 376(2)(n), and 376D IPC, Sections 5(l) and 5(g) r/w Section 6 of POCSO Act, 2012, and Section 77 of Juvenile Justice Act, 2015 – Sentenced to rigorous imprisonment for 20 years with fines – Trial court relied primarily on the survivor’...
Criminal Law - Prevention of Corruption Act – Section 17A – Validity of Approval – Writ Dismissed – The petitioners challenged the government’s approval for inquiry under Section 17A of the P.C. Act, contending lack of incriminating evidence, malafides, and violation of procedural safeguards – Held: The approval complied with statutory requirements, was based on...
Anticipatory Bail – Criminal History – Petitioner sought anticipatory bail in a case involving allegations of collecting money on behalf of jail officials through illegal means – State opposed bail citing petitioner’s prior criminal history, including a case under Section 302 IPC – Court observed that despite the availability of evidence, the petitioner had not been a...
Criminal Procedure – Closing of Cross-Examination – Delay Tactics – The petitioner’s counsel deferred the cross-examination of the prosecutrix on multiple occasions, citing inadequate preparation and change of lawyer – Held: The trial court rightly closed the petitioner’s right to cross-examine the prosecutrix after repeated delays and refusal to pay costs &ndas...
Criminal Law – Parole Application – Denial Based on Conviction and Foreign National Status – High Court examines statutory provisions and case facts – Orders release on parole with conditions – [Paras 1-15].
Parole and Reformative Process – Relevance of Good Conduct – Court recognizes petitioner’s good conduct and long incarceration &nda...
NDPS Act – Non-compliance with Section 52A – Conviction Set Aside – The appellants were convicted under Sections 8/22 and 8/29 of the NDPS Act for possessing and trafficking Tramadol Hydrochloride Tablets. The Court observed that the prosecution failed to comply with the mandatory provisions of Section 52A of the NDPS Act, which requires the presence of a Magistrate during the in...
Criminal Law – Conviction Based on Circumstantial Evidence – Appellants convicted under Section 302 read with Section 34 IPC for the murder of Mahboob Hasan – Trial court sentenced them to life imprisonment with fines – High Court finds the evidence insufficient to uphold the conviction – Emphasizes the necessity of a clear chain of circumstances leading to the only c...
Quashing of FIR under Section 174-A IPC – Settlement in Main Case under Section 138 of Negotiable Instruments Act – Abuse of Process – Once the primary complaint under Section 138 of the Negotiable Instruments Act was amicably settled, and the complaint was withdrawn, continuation of proceedings under Section 174-A IPC was deemed an abuse of process – Held: FIR and subseque...
Condonation of Delay – Legal Representation – Revisionists convicted for offences under Sections 454 and 380 IPC sought condonation of 388 days’ delay in filing the appeal. The delay attributed to difficulties in engaging private counsel while incarcerated – Revisionists initially assigned Legal Aid Counsel, but chose to engage a private counsel, causing delay – Revis...
Circumstantial Evidence – Principles and Application – The prosecution must establish a complete chain of incriminating circumstances to prove the guilt of the accused beyond reasonable doubt. The court emphasized the five golden principles set out in Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 for cases based on circumstantial evidence. The absence of direct evid...