Aggravated Penetrative Sexual Assault – Section 5(m) and 5(n) POCSO Act – Conviction Upheld - The appellant, convicted for committing aggravated penetrative sexual assault on his 8-year-old granddaughter, challenged the trial court’s judgment. The High Court upheld the conviction, finding that the evidence of the victim girl, supported by medical testimony, conclusively proved th...
Criminal Law – Murder Conviction – Evidence of Eyewitnesses Corroborated – Appeal Dismissed – The appellant was convicted for the murder of Soman, following a physical altercation where the appellant inflicted fatal stab wounds – The Court upheld the conviction, placing reliance on the consistent testimonies of PWs 1 to 3 (family of the deceased) and corroborative evi...
NDPS Act – Commercial Quantity – Recovery of 602 gms Heroin – Bail Denied – The petitioner was found in possession of 602 gms of heroin, significantly above the commercial threshold – The Court held that compliance with Section 50 of the NDPS Act was properly executed, and the delay in submitting the contraband to the FSL was not unreasonable [Paras 2-15].
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Criminal Law – Acquittal – Appellants convicted by the trial court for murder under Sections 147, 148, and 302 read with 149 IPC and sentenced to life imprisonment – High Court examines the reliability of sole eyewitness (P.W. 1) and finds inconsistencies in his testimony, as well as the absence of corroboration from other material witnesses – Confessional statements of acc...
Kidnapping and Gang Rape – Section 363 and 376D RPC – Conflicting Prosecution Versions – Conviction Set Aside – The appellants were convicted of kidnapping and gang rape by the trial court. The appellants challenged the conviction, highlighting contradictions in prosecution witnesses' testimonies, lack of proper evidence to establish the age of the prosecutrix, and the ...
Bail Application – Prolonged Trial – Section 439 CrPC – Bail Granted - The petitioner, in custody since 12/09/2016, filed a second bail application under Section 439 CrPC, after the first bail plea was dismissed. The Court observed that despite the passage of over eight years, only four out of 28 witnesses had been examined, and the trial had been proceeding at a snail's pace...
Juvenility Claim – Application Filed After Final Conviction – Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 – Claim Accepted - The applicant, convicted for offences under Sections 302, 307, and 34 IPC, filed an application seeking release on the ground of juvenility at the time of the offence. The Supreme Court held that a claim of juvenility can be r...
Criminal Law - Murder – Circumstantial Evidence – Section 302 read with Section 34 IPC – Conviction Modified for 1st Accused - The appellants were convicted for murder under Section 302 IPC. The Court, relying on circumstantial evidence, concluded that the 1st accused caused the death of the deceased by inflicting fatal stab injuries. However, the Court observed that the act of t...
Discharge Petition – Criminal Conspiracy and Forgery – The petitioner, who was charged under Sections 120(B), 465, 468, 471, 472, 420 read with 34 of the IPC, sought discharge from the charges, arguing that the investigation was improperly conducted and that key documents were not subjected to forensic examination – Held: The court found that for the charge of conspiracy, direct ...
Criminal Law – Murder Conviction – Appellant convicted for murdering the informant’s wife by stabbing her with a “Bhujali” – Trial court’s judgment affirmed – Appellant sentenced to life imprisonment and a fine – Court addresses the evidentiary value of dying declarations and corroborative testimonies [Paras 1-24].
Dying Declaratio...