Criminal Law – Grant of Bail – High Court’s Order Quashed – Factors Not Accounted – Held: While granting bail in cases involving heinous offenses, courts must evaluate all relevant factors, including the nature and gravity of the offense, antecedents of the accused, and the likelihood of tampering with evidence – Failure to assign adequate reasons in granting ba...
Bail Application – Conditions for Granting Bail to Foreign Nationals – The petitioner, a foreign national facing charges under Section 14 of the Foreigners Act and Section 174-A IPC, was granted regular bail. The Court imposed conditions including a personal bond of ₹50,000, surrendering her passport, and restrictions on leaving the Delhi NCR without permission. The petitioner was de...
Criminal Law – Rape and POCSO Act – Acquittal – Respondent accused of abducting and raping a 16-year-old prosecutrix under threat of a knife – FIR filed after two days of delay, with initial report by father alleging assault by three boys unrelated to the accused – Medical examination showed no injuries; contradictions in prosecutrix’s testimony regarding assaul...
Criminal Law – Assault with Deadly Weapons – Common Intention – Accused No. 2 and Accused No. 3 assaulted the complainant (PW-1) and his son (PW-7) with a chopper and knife, respectively – Sessions Court convicted Accused Nos. 2 and 3 under Section 326 IPC read with Section 34 IPC and sentenced them to six years RI – High Court modified the sentence, acquitting Accuse...
Criminal Law – Kidnapping and Abduction – Ingredients of Offence – Sections 363 and 366-A IPC – Held: Evidence adduced failed to establish kidnapping or abduction with intent for illicit intercourse – The prosecutrix testified that she accompanied the appellant voluntarily – Delay in filing FIR and absence of corroborating testimony of material witnesses undermi...
Eviction Under Senior Citizens Act – Necessity of Maintenance Claim – Non-maintainability Without Section 23(1) Basis – The appellant, mother of the writ petitioners, sought eviction of her sons and their families under the Senior Citizens Act, claiming the property was her deceased husband's self-acquired asset – The Tribunal ordered eviction without examining competin...
Civil Writ - Passports for Minors – Consent of Both Parents – Declaration in Annexure C – Passport Authority refused to process passport renewal applications of minors without the consent of their father – Mother submitted a declaration under Annexure C stating an ongoing custody dispute with no court order prohibiting passport issuance – Held: Annexure C suffices in ...
Criminal Law - Conviction under Section 366A IPC – Assessment of Evidence – Lack of Corroboration – Prosecution relied on inconsistent statements by witnesses and failed to present corroborative evidence from independent witnesses or reliable medical findings – Held: Inconsistencies in testimony of the victim (PW-1) and informant (PW-2) undermine the prosecution’s cas...
POCSO Offences – Quashing of Proceedings – Section 482 CrPC – Petition to quash proceedings for rape and penetrative sexual assault under IPC and POCSO Act, based on an affidavit by the victim’s mother retracting the allegations and attributing the case to retaliation. Held: Allegations of serious sexual offences cannot be quashed solely on the basis of subsequent withdrawa...
Custodial Interrogation – Improper Authorization – Remand Orders Quashed - The Directorate of Enforcement (ED) sought custodial interrogation of the petitioner post-cognizance without adequate justification under Section 309 CrPC and Section 44 of PMLA – The Special Court authorized remand without recording reasons or ensuring procedural compliance – Held: Custodial interro...