Bail – Criminal Jurisprudence – Circumstantial Evidence – Petitioner seeks bail in a case involving circumstantial evidence with no direct evidence linking him to the crime, except a witness of last seen – Court notes that the petitioner has already spent over one year and three months in custody – Petitioner has no prior criminal history, and the only evidence is the...
Bail - NDPS – Charge Sheet Without FSL Report – Bail Granted - The petitioner was arrested for possession of 300 grams of MDMA and remained in custody for nearly a year – The prosecution filed a charge sheet without an accompanying Forensic Science Laboratory (FSL) report – The Court held that in cases under the NDPS Act, a chemical analysis report is an integral part of th...
Rape on False Promise of Marriage – Whether Conviction Sustainable – The appellant was convicted for rape based on an alleged false promise of marriage—Trial Court found that the prosecutrix consented to sexual relations believing in the appellant’s promise—Held: Consent obtained under a misconception of fact due to a false promise of marriage is not valid under Secti...
Maintenance – Right of Wife Despite Decree for Restitution of Conjugal Rights – Husband contended that wife voluntarily deserted him, making her ineligible for maintenance—Held: Mere passing of a decree for restitution of conjugal rights does not disentitle wife from maintenance unless husband proves willful desertion—Maintenance order upheld [Paras 6-9].
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Criminal Law – Rape of Minor Daughter – Conviction Under IPC and POCSO Act – Appellant convicted for raping his 9-year-old daughter – Trial Court sentenced him to life imprisonment under Sections 376(2)(f) and 376(2)(i) IPC and Sections 3/4 of POCSO Act – High Court modified the sentence to life imprisonment for the remainder of his natural life – Supreme Court ...
Criminal Law – Bail Granted for Examination Fraud – State’s Appeal Against Bail – Respondents accused of engaging in a recruitment examination fraud by arranging a dummy candidate – Trial Court denied bail, citing serious disruption to the public examination system – Rajasthan High Court granted bail on grounds of lack of criminal antecedents, absence of appoint...
Criminal Law – Prevention of Corruption – Appeal Against Conviction – Appellant (Enforcement Inspector) convicted under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act for allegedly demanding and accepting a bribe for processing a trade license – Trial Court sentenced him to 1-year rigorous imprisonment and a fine of Rs. 1,000 unde...
Criminal Law - POCSO Act – Disclosure of Minor Victim’s Identity – Media Responsibility – The petitioner, an editor of a news channel, was accused of revealing the identity of a minor victim and her family in a sexual offence case—Held: Publication of victim’s identity violates Section 23 of the POCSO Act—Media houses have an obligation to protec...
Quashing of FIR – Whether Complaints Were False and Motivated – The appellants, a married couple, challenged two FIRs filed against them in 2010 and 2011 for forgery, cheating, and criminal conspiracy—Held: Merely alleging that an FIR is false is insufficient for quashing—Both FIRs disclosed cognizable offences—No interference warranted at this stage [Paras 2-5].
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Criminal Law – Quashing - Prevention of Corruption – Demand and Acceptance of Bribe – Proof Required – Appeal Allowed - The appellant, a former Gujarat minister, was accused of corruption for allegedly granting fishing contracts without a tender process – The High Court upheld the criminal proceedings, but the Supreme Court held that no prima facie material indicated ...