Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that t...
Criminal Law – Aggravated Penetrative Sexual Assault – Appellant convicted of aggravated penetrative sexual assault on a child below twelve years under sections 5(m) and 5(l) of the POCSO Act, and sentenced to twenty years rigorous imprisonment with a fine of Rs.30,000/- for each offence – Conviction under sections 376AB, 375(a) and 354B IPC also recorded, but sentencing limited ...
Criminal Law – Abetment of Suicide – Essential Ingredients – Mens Rea – Petitioner’s reluctance to marry deceased after engagement and harsh communication leading to her suicide – Examination of mental process and direct acts of instigation or aid necessary for conviction under Section 306 IPC – Charge-sheet and statements lack sufficient evidence to estab...
Bail – Regular Bail in Suicide Case – Petitioners sought bail in a case under Section 306 IPC, alleging harassment leading to suicide – Court noted petitioners' long incarceration, lack of evidence examination, and Supreme Court’s bail principles – Bail granted considering prolonged detention without trial progression [Paras 1-15].
Suicide Note – Evidenti...
Bail Appeal – Section 14(A)(2) SC/ST (POA) Act – Appellants, accused of abusing the defacto complainant using caste name and criminal intimidation, sought bail after being in custody for over 28 days – Special Court's order denying bail set aside – Court considered absence of previous criminal antecedents and lack of communal tension as reasons for granting bail [Paras ...
Criminal Law – Bail Application under Section 439 Cr.P.C. – Petitioner (accused No. 3) sought bail in a case involving allegations under the Dowry Prohibition Act and IPC, including dowry harassment, assault, and abetment of sexual assault by the father-in-law (accused No. 2) – Petitioner argued false implication, delay in filing FIR, and absence of injuries as reasons for bail [...
Bail under NDPS Act – Intermediate Quantity – Applicability of Section 37 Rigors - The applicant, arrested with 46.23 grams of heroin, claimed that the contraband did not fall under "commercial quantity" and hence did not trigger Section 37’s stringent conditions of the NDPS Act – Court held that since the seized quantity was intermediate, the strictures of Sectio...
Criminal Law – Culpable Homicide – Appellant convicted under Section 304(1) IPC for causing the death of Krishna Pada Rajak by stabbing with a spear – Trial court’s judgment upheld by High Court – Evidence included eyewitness testimonies and a dying declaration – Defence’s argument on discrepancies in witness testimonies and the admissibility of the dying ...
Criminal Law – Rape Allegation – Prima Facie Evidence for Charge Framing – The State argued that the Trial Court erred by discharging the accused, despite statements from the victim suggesting lack of consent – High Court held that at the charge-framing stage, courts need only ascertain prima facie evidence rather than engage in credibility assessments – Held: Victim&...
Criminal Law – Conviction under Sections 420, 323, 341 IPC affirmed – Challenge in High Court against appellate court’s decision maintaining trial court’s conviction of the accused for cheating, causing hurt, and wrongful restraint – The court examined the credibility of the evidence, including the accused’s role in inducing the complainant to invest in a fraudu...