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...
Criminal Law – Corruption – Proof of Demand – Demand Not Established – The respondent, a clerk in SRP Group 11, was acquitted by the Trial Court of charges under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act – The prosecution alleged that the respondent demanded ₹200 from the complainant to process his pay and leave records – The Trial Co...
Domestic Violence – Residence Order – Petitioner, an elderly woman, sought protection under the PWDV Act to continue residing in her shared household – Magistrate granted residence order – Respondents, including petitioner’s son and daughter-in-law, contested citing financial liabilities and a previous tribunal order for alternative accommodation – Sessions Cour...
Criminal Law – Quashing of Complaint – Allegations of Forgery and False Representation in Property Documents – partially allowed - Application under Section 482 of CrPC – Petition filed by Accused Nos. 1 to 13 to quash the complaint in C.C. No. 2/2023 under Sections 465, 468 IPC and Section 82 of the Registration Act, alleging false documentation to depict public pathways a...
Criminal Writ - Preventive Detention – Legality of Repeated Detention on Identical Grounds – Appellant contested the detention order dated 23.02.2024, arguing it was based on grounds identical to those in a prior detention order quashed by the court – Held: Issuing a fresh detention order on the same grounds previously quashed lacks legal basis unless fresh, substantial grounds a...
Murder Trial – Circumstantial Evidence – Acquittal Upheld - The State appealed against the trial court’s acquittal of Kamal Bahadur, contending that circumstantial evidence and witness testimonies supported conviction – The court reviewed the evidence, including alleged bloodstains on the accused's clothing and witness statements, which were found insufficient...
Bail Application – Custodial Detention – Section 439 CrPC – Bail Granted - The petitioner sought bail, asserting prolonged detention and lack of specific evidence linking him to the alleged offences of wrongful confinement, assault, and murder – The State opposed bail, citing witness statements recorded under Section 164 CrPC and the chargesheet naming eight accused, includ...
Criminal Procedure – Suspension of Sentence – Requirement of Pre-Deposit Under Section 148 NI Act – Petitioner challenged the Sessions Court’s order requiring a 20% pre-deposit of the fine for sentence suspension – Petitioner, a daily wage worker, claimed inability to comply due to financial constraints – Held: Courts have discretion to waive or modify the depos...
POCSO Act – Credibility of Minor Victim's Testimony – Sufficiency of Sole Testimony – The Trial Court questioned the credibility of the child victim’s statements due to minor contradictions and presumed tutoring – On appeal, the High Court found the victim’s statements under Section 164 Cr.P.C. and in court to be consistent, detailed, and free from contradic...
Criminal Law – Conviction on Basis of Hostile Witness Testimony – Appellants Suresh Mehto and Rajnarayan @ Rajkumar Mehto were convicted for the murder of Pradeep Kumar Paswan. Conviction was primarily based on statements recorded under Section 164 Cr.P.C. by witnesses who later turned hostile. The Court held that such statements are not substantive evidence and can only be used for co...