Criminal Law – Transfer of Criminal Case – Scope of Power of Sessions Judge under Section 408 Cr.P.C./Section 448 BNSS – Petition filed seeking transfer of complaint case alleging defamation on grounds of bias of the Presiding Magistrate, advanced age and medical condition of accused, and inconvenience due to distance – Sessions Judge dismissed transfer application holding ...
Criminal Law – Circumstantial Evidence – Gang Rape and Murder – Acquittal – Appellants convicted by Trial Court for offences under Sections 302, 376(2)(g), 201 read with Section 34 IPC and sentenced to life imprisonment – High Court reappreciating entire evidence finds prosecution failed to establish complete chain of circumstances – Motive, last seen together, ...
Criminal Law – Murder – Political Rivalry – Conviction Set Aside – Deceased, a CPI(M) local leader, allegedly murdered by members of rival political organisation (NDF) – Trial Court convicted accused under Sections 302 r/w 149 IPC and allied offences – On appeal, High Court finds prosecution failed to establish guilt beyond reasonable doubt – Held: Convict...
Prevention of Corruption Act – Quashing of proceedings – Trap case – Demand and acceptance of illegal gratification – Petitioner sought quashing under Section 482 Cr.P.C. alleging absence of preliminary enquiry, lack of jurisdiction of ACB, defective sanction, and absence of recovery from personal possession – Held, at stage prior to trial Court only required to asses...
Criminal Law – Section 34 IPC – Common Intention – Requirement of pre-arranged plan or meeting of minds – Mere simultaneous or similar intention insufficient – Common intention may develop on the spot but must be proved from conduct and circumstances – Held: No evidence of common intention to commit attempt to murder [Paras 31–36, 42–43]
Attempt t...
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...
Criminal Law — Attempt to Murder — Section 307 IPC — Sterling Witness — Injured Wife — Sole Testimony Sufficient — Appellant convicted for firing upon his wife Vimla Devi (PW-3) with a firearm within the matrimonial home causing multiple firearm injuries to her left leg and palm — Prosecution rested on sole testimony of injured wife — Held: The injur...
Criminal Law – NIA Act, 2008 – Maintainability of Section 482 Cr.P.C. Application – Refusal to Discharge – Section 21(1) – Applicants charged under Sections 121-A, 153-A and 295-A IPC investigated by UP Police – Special Judge NIA rejected discharge application – Application under Section 482 Cr.P.C. filed challenging the refusal to discharge – Prelim...
UAPA – Section 43-D(5) – Bail – Prima Facie Standard – Prolonged Incarceration – Article 21 – Appellants arrested between 21-22.10.2021 and in custody for over four years – Charged as OGWs and hybrid cadres for TRF, alleged to have shared extremist content, propagated IS ideology and attended radicalising lectures – Trial Court rejected bail in March...
Gang Rape – Minor Prosecutrix – Sections 376(D), 376(2)(i) IPC and Sections 5(g), 6 POCSO Act – Conviction Upheld – Both appellants convicted for gang-raping a 14-year-old girl from Scheduled Caste community – Trial court sentenced each appellant to 20 years rigorous imprisonment – High Court on appeal finds testimony of prosecutrix clear, consistent and inspiri...