Criminal Law – Consent and Promise of Marriage – Conviction under Section 376 IPC – Prosecution Allegation of Rape Dismissed - The appellant was convicted under Section 376 IPC on the grounds of engaging in sexual intercourse with the complainant (PW-1) on a promise of marriage, resulting in her pregnancy – PW-1 alleged that the appellant initially consented to marriage but...
Criminal Revision – Impact of Stay on Discharge Orders – Judicial Custody – The Court analyzed the effect of staying a discharge order on the accused's release. It held that a stay order effectively suspends the discharge and re-establishes the accused’s status prior to the discharge order, necessitating his return to judicial custody. Respondent No. 4, who secured rele...
Criminal Procedure – Application under Section 91 Cr.P.C. – Quashing of Trial Court Order – Petitioner sought to quash the order directing partial production of documents from the respondent – Contention that complete documents including invoices with UDID numbers for 2017-2020 were necessary for defense – Trial Court allowed production only for 2018 transactions with...
Section 138 of Negotiable Instruments Act – Cheque Dishonour – Conviction and Sentence – The accused was convicted for issuing a dishonoured cheque of ₹7,35,375/- to discharge his liability, and sentenced to simple imprisonment of one year with compensation to the complainant – The conviction was affirmed by the appellate court [Paras 2-5].
Compromi...
Negotiable Instruments Act – Section 138 – Dishonour of cheque – Notice – Petitioners challenged the maintainability of complaints against them due to lack of individual notice – High Court held that notice to the Trust through its Trustees was sufficient, deeming all Trustees to have been served – Complaints were considered maintainable as per the statutory req...
Money Laundering – Section 45 PMLA – Twin Conditions and Long Incarceration – Applicant filed for bail in an ongoing PMLA case where he is accused of siphoning ₹71.78 Crore from a cooperative bank – Applicant had completed over half of the maximum sentence, i.e., 3 years and 6 months in custody – Held: Despite the rigors of Section 45 PMLA, constitutional ...
Criminal Law – Grievous Hurt – Conviction under Section 326 IPC – Appellant convicted under Section 326 of the Indian Penal Code for grievous injury inflicted on the complainant (PW-2) with a sharp weapon – Incident occurred on 28.02.1980, when PW-2, a rickshaw puller, was allegedly taken by the appellant and co-accused to a secluded location under the pretense of a discuss...
Contempt of Court – Non-compliance with Court Orders – Government’s failure to implement High Court’s order dated November 28, 2022, for the appointment of Multipurpose Health Assistants (Male) – Persistent disobedience by authorities despite repeated directions and issuance of proceedings to enforce compliance – Authorities’ actions characterized as willf...
Criminal Conspiracy – Standard of Proof – Acquittal of Accused – The prosecution’s case alleged a conspiracy to facilitate a jailbreak by smuggling explosive materials into Burail Jail. Witnesses turned hostile, key incriminatory evidence such as communication devices were unrecovered, and contradictions in arrest dates created doubt. Held: Prosecution failed to establish t...
Criminal Law – Murder – Appeal against conviction - Circumstantial Evidence – Requirement of a Complete Chain – Appeal Allowed – The appellant was convicted for murder and disposing of evidence under Sections 302 and 201 IPC based on circumstantial evidence alone. The Supreme Court reviewed whether the evidence constituted a complete and conclusive chain that pointed ...