Criminal Law – Murder – Circumstantial Evidence – Acquittal – Appellant convicted under Section 302 IPC for strangulating his wife with a towel and assaulting her with a kitchen cutting tool on 20.11.2017 – Trial Court sentenced him to life imprisonment and fine of Rs. 5,000/- – Prosecution sought to establish guilt through circumstances of motive, recovery of M...
NDPS – Bail – Commercial Quantity – Foreign National – Illegal Custody – Article 21 Override – Applicant, a foreign national, was intercepted at IGI Airport on 02.07.2024 and 8 capsules containing cocaine recovered at the Airport itself from her undergarments – She was then taken to Safdarjung Hospital where 34 more capsules were eased out – Total re...
Electronic Evidence – Right to Cloned Copy – Hash Value – Fair Trial – Accused in a Prevention of Corruption Act case sought supply of a cloned copy of the original digital voice recording with hash value and production of the original recording device, alleging that only a CD without hash value was furnished, which was not an authenticated copy – Trial Court rejected...
NDPS – Conviction under Section 21(c) – Recovery of Codeine-Containing Cough Syrup – Commercial Quantity – Four accused intercepted at a public place on the basis of secret information — 175 bottles of Codeine-containing cough syrup recovered from bags, plastic sacks and a ladies purse in their possession — FSL report confirmed presence of Codeine Phosphate and ...
Criminal Law – Section 412 IPC – Receiving property stolen in dacoity – Essential ingredients – Prosecution must prove recovery of looted property, knowledge or reason to believe it was stolen in dacoity, and nexus with dacoits – Failure to establish identity of recovered property and knowledge of accused – Held: Conviction unsustainable [Paras 22–23, 39, ...
Criminal Law - Sections 17, 18, 61 and 85 NDPS Act – Acquittal – Tampering with Case Property – Chain of Custody – Accused were intercepted on a scooter on 26.12.2001 and 950 grams of opium recovered from a bag carried by Matu Ram – Case property sealed by ASI/Investigating Officer with seal RKM and thereafter re-sealed by the officiating SHO (PW1-Surat Singh) with se...
POCSO Act – Aggravated Penetrative Sexual Assault – Section 6 – Conviction Upheld – Accused, the cousin brother and blood relative of the minor victim aged 14 years, subjected her to repeated forcible sexual intercourse from the time she was in 9th standard, taking advantage of the prohibited familial relationship and the victim's vulnerability as her parents were stayi...
Criminal Procedure – Proclaimed Person vs. Proclaimed Offender – Section 82(4) CrPC – NDPS Offences – Petitioner granted bail in NDPS case, failed to appear on one date due to miscommunication, bail cancelled, non-bailable warrants issued, proclamation effected on 13.02.2025 and petitioner declared proclaimed offender on 17.03.2025 – Held: Declaration as proclaimed of...
Criminal Law – Murder – Section 302 IPC altered to Section 304 Part II IPC – Remand Ordered – Appellant convicted for murder committed on 28.10.2000 – Sessions court awarded life imprisonment – High Court on appeal, after 21 years, altered conviction to Section 304 Part II IPC with 5 years rigorous imprisonment through amicus curiae appointed in the absence of a...
Criminal Law – Murder – Acquittal – Accidental Death vs. Homicidal Death – Appellants convicted for allegedly running a tractor over the deceased with an intention to kill at the instance of co-accused – The deceased was admitted to the District Hospital as an accidental injury case and the hospital communication to police also mentioned it as an accidental injury &nd...