Criminal Law – Rape - Appeal Against Acquittal – Double Presumption of Innocence – Scope of Interference by Appellate Court – The High Court reemphasized principles governing appeals against acquittal, including the double presumption of innocence in favor of the accused. Held: The appellate court may interfere only if the trial court's judgment is perverse or based on ...
Bail Application – Criminal Antecedents – Grant of Bail Despite Previous Offenses – The petitioner, the fourth accused in a case involving murder and other serious offenses, sought bail, arguing that he has been in judicial custody for over a year and that all other accused have been granted bail – The Court noted that despite the petitioner's criminal antecedents, he h...
Criminal Law – Cyber Harassment – Conviction – Petitioner, a former MLA, challenged his conviction under Sections 504, 509 IPC, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, for forwarding a derogatory social media message against women journalists – Trial Court convicted and sentenced the petitioner based on evidence, including screenshots o...
Criminal Law - Murder Case – Conviction Based on Circumstantial Evidence – Validity of Disclosure Statements and Recovery – Appeals Dismissed - The appellants challenged their conviction under Section 302/34 IPC for the murder of Hardev Singh – The prosecution relied on CCTV footage, disclosure statements, recovery of stolen items, and an extra-judicial confession – T...
Bail Pending Trial – Allegations of Money Laundering – Proceeds of Crime – The petitioner, a former minister, was accused of laundering proceeds of crime arising out of corruption in tender allocation under the Punjab Foodgrains Labour & Cartage Policy 2020-21 – Allegations included acquiring proceeds of crime as immovable properties and gold worth crores, which were co...
Criminal Law – Anticipatory Bail – Petitioners, members of a family, accused of cheating and criminal breach of trust in a commodity trading dispute involving Rs. 37.75 crores – The court finds prima facie evidence against the petitioners of fraudulent intent, noting that they transferred properties to avoid liabilities – Claims of the dispute being civil in nature rejected...
Criminal Law – Conviction under Section 324 IPC – Appellant No. 1 convicted for causing hurt using a weapon – Conviction modified due to lack of evidence proving the use of a dangerous weapon – Sentenced to imprisonment for the period already undergone and fine [Paras 1-33, 45].
Criminal Law – Conviction under Section 325/308/34 IPC – Appellants No. 2-4 convi...
Criminal Law – Bail - Bail Conditions for Foreign Nationals – Applicability of Civil Authority Notification – Compliance Mandated - The appellant challenged the procedural requirements for notifying Civil Authorities when bail is granted to foreign nationals. The court noted that under Clause 5 of the Foreigners Order, 1948, a foreigner cannot leave India without the Civil Author...
Criminal Law – Murder and Cruelty – Conviction Upheld – Appellant charged with murdering his wife, subjected her to cruelty, and attempting to disguise the homicide as suicide – Held: Prosecution established homicidal death through circumstantial evidence, including medical findings, witnesses’ testimonies, and lack of plausible explanation by the accused under Sectio...
Criminal Law - Cruelty Allegations – Vague and Omnibus Statements – FIR Quashed - The appellants (parents-in-law) were accused of subjecting the complainant to mental and physical cruelty for failing to produce a male child – Allegations lacked specific instances or precise details – Held: Vague and omnibus statements, without particularized evidence, cannot sustain crimina...