Criminal Law - Murder – Common Object – Unlawful Assembly – Conviction Under Section 302 IPC Upheld – Accused persons armed with swords fatally assaulted the deceased following a land and water dispute – The trial court and High Court convicted the accused under Sections 148 and 302 read with Section 149 IPC – Held: The prosecution successfully established the p...
Criminal Law – Appeal against Conviction - Abetment of Suicide – Essential Elements – Absence of Proximate Incitement – Conviction Set Aside – For an offence under Section 306 IPC, there must be clear evidence of instigation or active participation in the act of suicide – Mere allegations of harassment, without direct incitement, are insufficient to establish ab...
Criminal Law - Preventive Detention – PITNDPS Act - Detenus Already in Judicial Custody – No Material to Show Likelihood of Bail – Detention Orders Quashed – The detenus were already in judicial custody at the time of passing the detention orders – The detaining authority failed to record any cogent material suggesting that there was a likelihood of them being release...
Criminal Law – Quashing – Rape - False Promise of Marriage – Long-Term Consensual Relationship – FIR Quashed – The appellant and the complainant were in an intimate relationship for over 16 years – The complainant alleged that the appellant had engaged in sexual intercourse with her under a false promise of marriage – However, she continued the relationshi...
Criminal Law – Sentencing – Minimum Punishment under Special Statutes – Section 51(1A) of the Wild Life (Protection) Act mandates a minimum imprisonment of three years, extendable to seven years, along with a fine – Held: Courts do not have discretion to impose a sentence below the statutory minimum – The Special Judge erred in awarding a sentence of ‘already un...
Criminal Law – Rape - Quashing of FIR – False promise of marriage – Misconception of fact – No prima facie case made out – The petitioner and complainant were mature individuals who met on a dating app and were engaged in a consensual relationship – The FIR was filed after a prolonged period, and previous complaints made by the complainant to the Jersey City Pol...
Criminal Law – Quashing of FIR – Compromise in Non-compoundable Offense – The petitioner sought quashing of the FIR under Section 482 CrPC on the basis of a compromise with the victim, despite the offense being under Section 307 IPC, which is non-compoundable. The court considered the nature of the dispute, the relationship between the parties, and the possibility of conviction, ...
Criminal Law – Murder of Wife – Appeal against conviction - Dying Declaration – Reliability and Contradictions – Conviction Set Aside – The deceased initially stated to a doctor (PW-13) and police constable (PW-9) that she caught fire accidentally while cooking – Subsequently, in a statement recorded by the Judicial Magistrate (PW-12), she alleged that the appel...
Criminal Law - Murder – Dying Declaration – Conviction Under Section 302 IPC Sustained – The deceased suffered a fatal gunshot wound and, before succumbing, named the accused as his assailants before PW-1 (his wife) and PW-2 (his brother) – Both witnesses provided consistent testimonies regarding the deceased’s statement – Held: The dying declaration was credibl...
Bail - Dowry Death – Grant of Bail – Stringent Scrutiny Required – Bail of In-Laws Cancelled – The appellant, brother of the deceased, challenged the bail granted by the High Court to four accused persons (the deceased’s in-laws) – The deceased had allegedly been harassed for dowry, with demands escalating from a motorcycle to a car – The post-mortem repor...