Criminal Law – Circumstantial Evidence – Murder – Extra-judicial confessions unreliable – CDR/tower-location unproved – No last-seen – Motive absent – Investigation defective – Chain incomplete – Acquittal – Prosecution failed to establish circumstances forming a complete chain consistent only with guilt; conviction unsustainable; benefit...
Negotiable Instruments Act – Dishonour of Cheque – Dismissal in Default – Right to Appeal – Complainant's cheque dishonour complaint was dismissed for want of prosecution – High Court held that such dismissal amounts to acquittal – In light of Supreme Court ruling in M/s Celestium Financial v. A. Gnanasekaran, a complainant in a private complaint u...
Criminal Law – Bail – SC/ST (PoA) Act – Delay in Filing Complaint – Appellant accused of repeated sexual assault and offences under BNSS, IT Act, and SC/ST Act – FIR lodged after nearly two years of alleged incident – Charge sheet not filed even after 60 days of arrest – Appellant in custody – Held: Delay in filing FIR unexplained – No further ...
Criminal Law – Revisional Powers – Cognizance Based on Additional Documents – Revisional court accepted additional documents not forming part of the police investigation while setting aside the Magistrate’s rejection of protest petition – Held: Revisional court exceeded its jurisdiction in relying on material outside the investigation record – Magistrate can con...
Rape & Murder of Minor – Circumstantial Evidence – Last Seen – Medical Evidence – Injuries on Accused – FIR Contradictions – Child Witness – Section 106 Evidence Act – Section 29 POCSO – Conviction Upheld – Held: Last-seen circumstance, injuries on accused, medical findings, and recovery of body formed an unbroken chain; discrepancies...
Negotiable Instruments – Section 138 Conviction – Revisional Jurisdiction – High Court cannot re-appreciate evidence under Art. 227/Section 482 CrPC – Change of company name does not invalidate complaint – Authorised representative proved – Defence payments not proved – Concurrent findings upheld – Revision dismissed [Paras 25–33].
Negotiabl...
Criminal Law – Quashing of Process – Extortion and Obscenity – Petitioners challenged the issuance of process under Sections 384 and 294 IPC – Magistrate had issued process after ordering a police inquiry under Section 202 CrPC – Revisional Court upheld the order – High Court held that the complaint did not establish essential ingredients of extortion such as in...
Criminal Procedure – Cognizance and Summons – Validity – Cognizance taken by trial court on police report against former Chief Minister and others under IPC and POCSO Act – Earlier cognizance order quashed due to lack of reasons – Trial court re-applied mind and passed fresh detailed order – Held: Procedure followed by trial court is in accordance with law &ndas...
Criminal Law – Attachment Order - Prevention of Money Laundering – Attachment of Property – Flat purchased by respondent through unregistered agreement from a company under winding-up – Tribunal quashed ED's attachment – High Court held that no valid title passed through unregistered agreement – Held: Respondent had no ownership; property continued to vest w...
Criminal Law – Murder – Circumstantial Evidence – Hostile Eyewitness – Recovery under Section 27 Evidence Act – Recovery from accessible place and broken chain of custody – Motive unproved – FSL correlation insufficient – Acquittal restored – Conviction set aside [Paras 13, 16, 17, 21–24].
Criminal Trial – Hostile Eyewitness &nda...