Criminal Law – Abetment of Suicide and Cruelty – Quashing of Complaint – Lack of Specific Instigating Act – Application under Section 482 of CrPC – Petition by Accused No. 4 to quash the complaint in S.C. No. 539/2021, involving charges under Sections 498(A), 306 read with 34 IPC, alleging that petitioner, along with her family, subjected the victim to cruelty which u...
Criminal Law – Rape and Murder of Minor – Conviction – Appeal against Death Sentence – The appellant, aged 61, was convicted by the Special Court for kidnapping, raping, and murdering a 5-year-old girl – Death penalty imposed by the trial court under the POCSO Act, IPC Sections 302 and 376AB, and SC/ST (Prevention of Atrocities) Act challenged – High Court modif...
Rash and Negligent Driving – Conviction under Sections 279 and 304(A) IPC – Upheld - The appellant drove his lorry in a rash and negligent manner, causing the death of the deceased and six cattle – The eye-witness accounts consistently established the appellant’s guilt, and the suggestion that the accident was caused by cattle trampling was rightly rejected – The Supr...
Criminal Law – Joint Recording of Section 313 Statements – Defective Procedure – Vitiation of Trial – Statements under Section 313 Cr.P.C. of co-accused Lakha Singh and Swaran Singh recorded jointly – Held: Such joint recording causes ambiguity and violates the statutory purpose of personal explanation of circumstances – Procedural defect curable by remand, but ...
Criminal Law – Appeal Against Conviction – Acquittal – Appellant convicted for the offence under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POCSO Act by the trial court – Sentenced to 10 years’ rigorous imprisonment – Allegation of sexual assault on a deaf and mute minor girl by the appellant – High Court analyzed the inconsistencies, lacu...
Preventive Detention – Validity of Detention Order – Petition challenging the detention order under Section 3 of the PITNDPS Act on grounds of non-provision of translated documents and non-application of mind – Court held that the petitioner was provided with the detention documents in the language understood by him and explained by the Executing Officer – No merit found in...
NDPS Act – Bail Application – Recovery from Co-Accused – Petitioner Not Directly Implicated – Bail Granted – The petitioner sought regular bail under Section 439 CrPC, asserting false implication and lack of recovery from him – Court noted that the contraband was recovered from a co-accused, and the petitioner’s involvement was based solely on a disclosure...
Negotiable Instruments Act, 1881 – Section 138 – Conviction – Deposit Condition under Section 148 – Authorized Signatory's Liability - Authorized Signatory Liability – Deposit Condition Quashed - appellant, an authorized signatory/director of M/s. Gee Pee Infotech Pvt. Ltd., challenged the requirement to deposit 20% of the fine amount as a condition for susp...
Criminal Procedure – Bail in Serious Offences – Impact on Trial – Ordinarily, courts should not grant bail in serious offences like rape after trial commencement unless undue delay occurs – Supreme Court disapproved of the practice of granting bail based on discrepancies in the victim's statement at preliminary stages of trial [Paras 13–15, 20–21].
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Criminal Procedure – Expenses of Witnesses – Application under Sections 243(3) and 312 of Cr.P.C. – Petitioner sought reduction of travel expenses of PW.13, a Scientist, claiming they should be governed by the Karnataka Witness Expense Rules, 1967 – Held: The Rules are applicable only for payment by the Government and not for expenses imposed on accused persons – Sect...