Criminal Law – Quashing of Proceedings – Offence under Section 370(A) IPC – The petitioner, accused as a customer in a brothel case, sought quashing of the proceedings against him under Sections 370(3) and 370(A) of the IPC and Sections 3 and 5 of the Immoral Traffic (Prevention) Act – The Court observed that for Section 370(A) to apply, the customer must have knowledge tha...
Criminal Law – Money Laundering – Legality of Arrest under PMLA – The petitioner, a sitting Member of the Legislative Assembly, was arrested by the Directorate of Enforcement (ED) in connection with illegal mining activities, alleging that he benefited from the proceeds of crime – The petitioner contended that the arrest was politically motivated ahead of state elections an...
Criminal Law – Maintenance under Section 125 CrPC – Interim Maintenance Award – Revision petition filed against the order of the Trial Court granting ₹25,000/- per month as interim maintenance to the wife – The wife claimed that the respondent-husband earned more than ₹1,50,000/- per month and had stopped providing maintenance, while the husband contended that the wife ...
Criminal Law – Child Pornography – Quashing of Criminal Proceedings – Appeal – High Court quashed the criminal proceedings against the accused under Section 67B of the Information Technology (IT) Act, 2000, and Section 15(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing that mere possession or viewing of child pornography without publication o...
Criminal Law – Murder Conviction – Appeal – Appellants convicted for murder and attempt to murder following an altercation – Trial court convicted the appellants under Sections 148, 302, 307 IPC read with Section 34 IPC and sentenced them to life imprisonment – High Court upheld the convictions – On appeal to the Supreme Court, arguments focused on the lack of e...
Facts:
The appellant, Sumedh Singh Saini, applied for anticipatory bail after an FIR was lodged against him for offenses under various sections of the IPC, including section 302, based on statements from co-accused who were alloed to become approvers. The appellant contended that the present FIR was not maintainable as it was a second FIR on the same facts, and it was registered aft...
Criminal Law – Conviction under Sections 304-B and 498-A IPC – Appellants convicted for dowry death and cruelty towards the deceased (Paramjit Kaur) – Trial court sentenced them to 7 years rigorous imprisonment under Section 304-B IPC and 1 year under Section 498-A IPC – Appellants challenged the conviction, arguing that the dying declaration was unreliable and there was no...
Criminal Law – Conviction under Sections 306 and 498A IPC – Applicant convicted for abetment of suicide and cruelty towards his wife – Trial Court sentenced him to imprisonment, and the conviction was upheld by the appellate court – Applicant argued that contradictory medical opinions (postmortem and chemical analysis) undermined the prosecution’s case and that there ...
Facts:
The appellant's daughter died an unnatural death, and the respondent-accused claimed it to be a suicide. However, the appellant lodged an FIR alleging that his deceased daughter was pressurized to bring money, and he had paid money on several occasions to the in-laws of the deceased. The Session Judge noted an incident where the deceased was allegedly assaulted by her in-laws, ...
Facts:
The case involved an appeal challenging the denial of anticipatory bail to the appellant, who was the mother-in-law of a Muslim woman to whom triple talaq was pronounced by her husband. The appellant was accused under the provisions of Section.498A of the Indian Penal Code based on vague and general allegations in the FIR.
Issues:
Whether the provisions of Section.7(c) of the M...