Criminal Law – House-Trespass – Section 450 IPC – Appellant convicted for house-trespass allegedly committed with intent to commit rape – Trial Court acquitted appellant of charge under Section 376 IPC on categorical finding that sexual relationship was consensual – Held: When foundational charge of rape fails and no independent evidence establishes intent to commit o...
Anticipatory Bail – Land Grabbing and Forgery Allegations – Missing Revenue Records – Parity with Co-Accused – Petitioner (Deputy Tahsildar) sought anticipatory bail in Crime No.379/2025 alleging creation of forged documents and missing of land records to aid land grabbers – Co-accused Nos.1, 2, 4, 7, 13 and 15 already granted anticipatory bail – Offences not pu...
Criminal Law – Proclamation Proceedings – Non-compliance of Section 82 Cr.P.C. – Petitioner declared proclaimed person without strict adherence to mandatory statutory requirements – Record did not reflect proper public reading of proclamation nor recording of judicial satisfaction regarding absconding or concealment – Mechanical exercise of jurisdiction vitiates procl...
Murder – Dowry Harassment – Strangulation Followed by Burning – Young married woman found 90% burnt inside matrimonial home – Post-mortem revealed fracture of hyoid bone, laceration of carotid arteries, absence of soot particles in trachea and bronchus and smell of kerosene – Medical evidence proved death by asphyxia due to strangulation prior to burning – Burni...
Criminal Law – Conviction Based Solely on Ballistic Report – Identification Not Established – Conviction Set Aside – The appellant was convicted under Sections 393, 394, 397, 398, 34 of IPC and Arms Act based on an incident where a minor was injured during a robbery attempt – The trial court relied primarily on ballistic evidence linking the bullet to a pistol r...
Criminal Law – Defence Evidence – DNA Report – Rejection of application to summon Forensic Expert – Trial Court declined request on ground that report admissible under Section 293 Cr.P.C. and case required expeditious disposal – Held: When accused disputes DNA/FSL report and seeks examination of expert, such request cannot be rejected on technical grounds – Fair...
Criminal Procedure – Second Bail Application – Judicial Propriety – Observations of Supreme Court in separate appeal criticising earlier bail order passed by same Judge – Observations described as “shocking and disappointing” and direction to place order before Chief Justice – Judge records demoralising and chilling effect of remarks – In interest of...
Criminal Law – Quashing of FIR – Section 482 Cr.P.C. – Bar of Limitation – FIR under Section 304-A IPC – Alleged medical negligence leading to death during surgery – Incident dated 04.01.2015 – Challan filed in October 2019 – Offence punishable with maximum imprisonment up to two years – Petitioner contended cognizance barred under Section 468 ...
Bail – Economic Offences – Alleged Cheating in Land Transactions – Petitioner accused of inducing informants to part with approximately Rs.3.5 crores on promise of registration of sale deeds – Allegations of impersonation, forged documents and non-registration despite receipt of substantial consideration – Investigation resulted in charge-sheet – Held: While all...
Criminal Law – Murder – Common Intention – Section 302/34 IPC – Accused armed with gun, farsa, bhala and lathi lay in wait in field and suddenly attacked deceased – Deceased dragged to field and brutally assaulted – Injuries multiple and grievous – Held: Conduct of accused in arriving together armed with deadly weapons, concerted assault and fleeing only a...