Criminal Law – Murder vs. Culpable Homicide – The appellants were convicted for murder under Section 302 IPC. The Court held that the act of hitting the deceased on the head with a wooden reeper, even though fatal, did not indicate an intention to cause death – Held: The injuries inflicted, though serious, were likely to cause death but were not sufficient in the ordinary course ...
Criminal Law – Conviction Based on Circumstantial Evidence – The appellant was convicted of murdering his elder brother based on circumstantial evidence – The prosecution failed to establish a continuous chain of circumstances leading to the guilt of the accused – There were discrepancies in witness testimonies regarding the timeline and actions of the accused, which raised...
Bail – Prolonged Incarceration – Section 436A CrPC – NDPS and Foreigners Act – Bail Granted – The petitioner, a Bangladeshi national, was arrested in April 2019 for possessing Yaba tablets and for entering India without valid documents – The petitioner has been in custody for over five years and five months, exceeding the maximum imprisonment period under the Fo...
Bail Application – UAPA – Long Incarceration – Bail Granted – The appellant was accused of harboring co-accused involved in a blast case but was not present at the scene of the crime – The Court noted that no incriminating materials, such as explosives or suspicious financial transactions, were found to link the appellant directly to the crime – Citing the appel...
Gang Rape – Conviction under Section 376 IPC and Section 6 of POCSO – Life Imprisonment Upheld – The appellants were convicted for raping a minor girl who had gone to graze her goats – The prosecution presented the victim’s testimony, supported by medical evidence, identifying the appellants as the perpetrators – The Court dismissed the appellants' argument ...
Anticipatory Bail – Delay in FIR Registration – The petitioner sought anticipatory bail after being accused of theft under Section 380 IPC. The Court observed that there was an inordinate delay in registering the FIR, which was explained by the de-facto complainant on the grounds that the petitioner’s mother had promised to return the stolen ATM card and money – Held: The d...
Civil Law – Res Judicata – Consolidated Suits and Appeals – Appeal dismissed due to res judicata – The appellant challenged the judgment of the First Appellate Court in two consolidated suits concerning property rights and easementary claims. The Court held that, due to the dismissal of a related appeal (RSA No. 278 of 1995) for default, the principle of res judicata applie...
Criminal Law – Bail Application – Charges under IPC and POCSO Act – Appellant arrested under Sections 354(D), 506, 363, 366, 376, 511, and 34 IPC, and Sections 7/8 and 11/12 of the POCSO Act – High Court rejected bail due to seriousness of the charges and age of the victim – Supreme Court grants bail considering the appellant’s young age and fact that the victim...
Criminal Law – Quashing of FIR – Offence under Section 307 IPC – Petitioners sought quashing of FIR registered under Sections 148, 149, 323, 341, 506, and 307 IPC on the basis of a compromise with the aggrieved parties – FIR related to a fight in which grievous injuries were alleged – Aggrieved persons consented to quashing the FIR and confirmed the genuineness of the...
Money Laundering – Discharge Application – Prima Facie Case Established – The petitioner, a trustee of the All India Overseas Bank Employees Union Trust, sought discharge from a money laundering case under the PMLA, contending no involvement in the administration of the trust's funds. The Court held that the allegations, including siphoning of funds from union members and pro...