Criminal Law - Sect. 138 Negotiable Instruments – Cheque Dishonour – Acquittal Upheld – Statutory Presumption Rebutted – Complainant’s Financial Capacity Not Proved – Accused Raised Probable Defence – Burden Shifted Back to Complainant – Failure to Establish Legally Enforceable Debt – Trial Court’s Acquittal Not Perverse [Paras 8, 8.1, 11...
– Aggravated sexual assault on 4-year-old – Conviction under Section 9(m) read with Section 10 POCSO based on cogent testimony of mother and surrounding circumstances upheld despite absence of external injuries and failure of traumatized child to depose – Maximum sentence of 7 years RI reduced to 6 years RI considering period already undergone and overall circumstances – Ap...
Criminal Law – Grievous Hurt – Conviction under Section 326 IPC – Reduced to Section 324 IPC – Lack of Radiological Evidence - The prosecution failed to produce radiology reports or examine the radiologist to corroborate the claim of fracture injuries – Medical evidence was insufficient to sustain conviction under Section 326 IPC as per legal requirements &ndash...
Criminal Law – Arrest Warrants – Economic Offences – Petitioner challenged trial court’s order rejecting application under Section 70(2) CrPC for converting arrest warrants into bailable warrants – Allegation of tax evasion of over ₹10.65 crores under CGST and Customs Acts – Held: Offences are grave economic crimes with national fiscal implications – Pet...
Criminal Law – Murder – Circumstantial Evidence – Last Seen – Extra-Judicial Confession – Strangulation – Delay/Withholding of Disclosure by Family Witnesses – Motive Absent – Sudden Provocation – Conviction of Ram Avtar Altered to Section 304 Part-II; Co-accused Visharad Acquitted – Last Seen Alone Insufficient [Paras 29–34, 45&nda...
Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Accused found inside hotel holding knife and immediately fleeing; deceased found nude with multiple injuries – Recovery of knife with deceased’s blood group – Accused offered no explanation under Section 313 CrPC for incriminating circumstances – Conduct of fleeing relevant under Se...
Parole – Incapacitated Elderly Convict – Delhi Prison Rules 2018 – Clemency Delay – Premature Release under Rule 1246A – Humanitarian Relief – Home Confinement Directed Pending Decision on Premature Release; State Directed to Frame Rules for Such Situations [Paras 14–16, 21–25, 30–34].
Parole – Nature, Scope & Limits – Tempor...
Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...
Approver – Revocation of Pardon – Section 308 CrPC – Trial Court revoked pardon without Public Prosecutor’s certificate – Held: Though ordinarily certificate under Section 308 is prerequisite, Court may revoke pardon where approver and prosecution misled Court and where pardon was improperly granted despite overwhelming documentary evidence – Revocation justifie...
Grant of Interim Bail – Petitioner seeks interim bail due to daughter's marriage ceremonies – High Court upheld conviction under IPC Sections 148, 149, 302, 324 – Despite main ceremony on 28.04.2024 being concluded, local customs necessitate petitioner's presence for subsequent rituals – Respondent-State has no objections to the grant of interim bail – Court a...