Section 498A IPC – Cruelty by Husband – Petitioner convicted for subjecting his wife to cruelty demanding additional dowry – Trial court sentenced petitioner to 2 years R.I., reduced to 1 year R.I. on appeal – High Court finds prosecution evidence contradictory and insufficient – Petitioner’s conviction set aside and acquitted [Paras 1-20].
Burden o...
Criminal Law – Quashing of FIR – High Court exercises its inherent powers under Section 482 Cr.P.C. to quash FIR No. 42/2015 – Dispute between parties found to be civil in nature – Petitioner alleged to have illegally occupied property despite expired license agreement – Court held no ingredients of cheating or criminal breach of trust established – Criminal pro...
Criminal Law – Rape Conviction: The appellant was convicted of rape and penetrative sexual assault of his minor cousin, resulting in pregnancy. The trial court sentenced him to rigorous imprisonment for 10 years under Section 376 IPC and 7 years under Section 4 of the POCSO Act. The Himachal Pradesh High Court allowed the appeal, setting aside the conviction due to serious doubts about the p...
Criminal Law – Conviction for Attempt to Murder – Appeal – Conviction under Section 307 IPC for attempting to murder the informant by assaulting and throwing her out of a moving car – Trial court’s judgment re-evaluated – Prosecution’s evidence primarily from the informant’s testimony – Reliability of the victim’s testimony upheld despite...
Criminal Procedure – DNA Test Order – Application under Section 482 Cr.P.C. challenging the trial court's order for DNA testing to ascertain paternity in a maintenance claim under Section 125 Cr.P.C. – Applicant argued against the legality of forced DNA testing without consent – Court upheld the order emphasizing that DNA testing is necessary to establish truth in pater...
Criminal Law - Quashing of FIR – Absence of Specific Allegations – Investigation Necessity – Appellant’s complaints centered on family disputes and alleged forced execution of property gift deeds to family members – Supreme Court found complaints lacked specific allegations against certain respondents (4th and 5th), noting that vague claims and considerable delay in f...
Criminal Law - Quashing of FIR – Offenses Against Society – Compromise Inadmissibility – FIR filed against a teacher for sexual assault on a minor under POCSO and SC/ST Acts – High Court quashed the FIR based on compromise between the accused and the victim’s father – Supreme Court held that heinous offenses with societal impact, such as sexual assault on minors...
Criminal Law – Bail Application – Prima Facie Evidence and Presumption of Innocence – Petitioners sought bail in a case involving allegations of rape and gang rape added post FIR registration. The High Court granted bail considering the inconsistencies between the initial complaint and subsequent statements under Section 164 Cr.P.C., and the lack of prima facie evidence to suppor...
Criminal Law – Murder and Conspiracy – The appellants were convicted for the murder of Divakaran, sustaining injuries on his family members, and vandalizing his property – Convictions by the Additional Sessions Court affirmed by the High Court – The High Court emphasizes discrepancies in the investigation and procedural flaws, particularly regarding the involvement and iden...
Criminal Law - Section 307 IPC – Acquittal Set aside - Requirement of Grievous Injury – Not Essential – The trial court's view that grievous injury is an essential requirement for conviction under Section 307 IPC is incorrect – Held: To convict under Section 307 IPC, it is not necessary that the injury should be capable of causing death. The intent or knowledge with whi...