Special Leave Petition – Bail Request – Petitioners charged under FIR No. 342 of 2021 for carrying 100 bottles of Phensedyl Cough Syrup containing Codeine Phosphate – In custody for over 2 years – Trial yet to commence – Petitioners seek bail. [Para 1-3]
Prosecution's Stand – State counsel indicates that 12 prosecution witnesses are scheduled for examinat...
Murder and Arson – Circumstantial Evidence – The appellant was accused of setting fire to a house, resulting in the death of three individuals. The conviction was based on circumstantial evidence, including the appellant's unscathed exit from the house, presence of kerosene stains on the deceased's frock, and alleged motive arising from family disputes. The High Court affirmed ...
Indian Penal Code – Section 302 read with 34 – Murder – Circumstantial Evidence – The Supreme Court upheld the conviction of Surajdeo Mahto (Appellant No.1) based on circumstantial evidence, including the last seen theory, recovery of incriminating materials, and motive. Appellant No.1 was the last person seen with the deceased, provided false information about the deceased...
Insecticides Act – Misbranding – Quashing of Complaint – The appellants challenged the criminal complaint on the grounds that the complaint was barred by limitation, that there were procedural delays in sample testing, and that the Magistrate did not follow the prescribed procedure under Section 202 CrPC. The Supreme Court held that the complaint was indeed barred by limitation a...
Criminal Procedure Code – Section 433-A – Power of Remission – The Supreme Court held that the power of remission is to be exercised by the State Government if the prisoner has undergone 14 years of actual imprisonment in cases falling within the scope of Section 433-A of the CrPC. For imprisonment less than 14 years, the power of premature release can be exercised by the Governo...
Criminal Law – Bail – IPC Sections 302, 307 – Arms Act – High Court granted bail to accused on the basis of parity – Co-accused's bail subsequently canceled by Supreme Court – Orders granting bail to respondents set aside – Respondents to surrender and may apply for fresh bail [Paras 1-19].
Bail – Judicial Discretion – High Court granted...
Penal Code – Voluntarily Causing Hurt – Summoning Order – Quashing – The delay in filing the private complaint and material improvements from the earlier NCR No. 158/2012 noted – Trial courts have a duty to prevent frivolous litigation at the initial stage – Summoning order quashed [Paras 1-20].
Evidence Act – Judge's Power – Section 165 &ndas...
Facts: The appellants were tried for offenses under Section 376-D of the IPC, Section 4 of the POCSO Act, and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for committing gang rape on 21-1-2018. During the trial, the appellants filed an application for a DNA test of themselves, the victim, and the victim’s newly born baby, which was re...
Custody Dispute - Child's Welfare Paramount - Challenge against High Court's custody order favoring respondent - Matrimonial dispute involving child custody - Importance of child’s welfare as the paramount consideration in such cases [Para 3, 7, 11].
Non-compliance with Court Orders - Appellant failed to comply with the order to hand over the child's custody to respondent - Ch...
Indian Penal Code, 1860 - Section 363 - Kidnapping - POCSO Act, 2012 - Section 6 - Aggravated penetrative sexual assault - Prosecution failed to prove that the age of the victim was less than 18 years when the alleged offence was committed - Margin of error has to be reckoned with in case of ascertainment of age by radiological examination - Benefit of doubt should always go to the accused - Relat...