Criminal - Appeal against Conviction – Murder - Credibility of Witness Testimony – Minor Contradictions Not Fatal – Conviction Upheld - The appellants argued inconsistencies in witness statements and alleged bias due to political rivalry. The Court held that minor contradictions do not impair the credibility of eyewitness accounts when corroborated by medical and circumstantial e...
Criminal Law – Quashing - Cheating Allegations – Ingredients Not Established – FIR Quashed - The appellant was accused of selling property without the consent of co-owners. The court held that the allegations did not meet the essential ingredients of Section 415 IPC, as the appellant did not induce any deception or harm to the complainant. [Paras 8-13].
Civil vs. Cri...
Criminal Law – Discharge Application – Admissibility of Confessional Statements – Applicant’s name appeared solely in the voluntary confessions of co-accused recorded during recovery proceedings – Held: Confessional statements of co-accused are inadmissible under Section 30 of the Evidence Act in the absence of corroborative evidence – Prosecution failed to prov...
Money Laundering – PMLA – Discharge of Accused – Respondents discharged by Special Judge under PMLA post-acquittal in predicate offence (IPC sections) – High Court held discharge appropriate as PMLA charges contingent on commission of scheduled offence – Acquittal in scheduled offence nullifies basis for money laundering charges – Special Judge's order uphel...
Criminal Law - Criminal Conspiracy – Standard of Proof – Acquittal of Accused – The prosecution’s case alleged a conspiracy to facilitate a jailbreak by smuggling explosive materials into Burail Jail. Witnesses turned hostile, key incriminatory evidence such as communication devices were unrecovered, and contradictions in arrest dates created doubt. Held: Prosecution failed...
Delayed FIR – Impact on Credibility – FIR Quashed - The FIR, filed more than three years after the alleged interview, lacked explanation for delay – Court held that unexplained delays in filing FIRs often lead to embellishment, weakening the authenticity of the allegations – FIR quashed as per Supreme Court’s guidance in Manoj Kumar Sharma v. State of Chhattisgarh, (2...
Criminal Law – Appeal in UAPA Case – Limitation – High Court jurisdiction to condone delay – The appellant challenged the High Court’s jurisdiction to condone delay in filing an appeal against a declining order on a bail application under the Unlawful Activities (Prevention) Act (UAPA) – Proviso to Section 21(5) of the NIA Act explicitly mandates a 90-day limita...
Negotiable Instruments Act – Compounding of Offence – Joint Compromise Memo Filed – The petitioner was convicted under Section 138 of the NI Act for dishonor of a cheque for ₹20,00,000/-. During the pendency of the Criminal Revision, the parties amicably resolved the matter through a joint compromise memo, agreeing to settle the dispute for ₹19,00,000/-. The Court, exercising...
Criminal Law – Attempt to Rape – Section 376/511 IPC – Conviction Altered to Section 354 IPC – The appellant challenged the conviction under Section 376/511 IPC on the grounds that the evidence did not substantiate the charge of attempted rape. The appellant argued that no offence under Section 376/511 IPC was made out as the act did not proceed beyond preparation. The pros...
Constitutional Law – Right to Liberty – Habeas Corpus – Arrest and Remand – Petitioner challenged the arrest and judicial remand of his son (detenue) under Sections 61(2), 196, 352, 353(2) of BNSS and Section 67 of the IT Act – Grounds of arrest allegedly not furnished in writing as mandated under Article 22(1) of the Constitution and Supreme Court’s judgment in...