Criminal Law – Discharge Petition – Dismissal of Discharge Petition Challenged – Accused sought discharge under Section 227 of Cr.P.C., arguing lack of prima facie evidence for charges under Section 509 IPC and Sections 11(1) and 12 of POCSO Act – Trial court dismissed discharge petition, finding sufficient grounds for proceeding with trial – High Court upheld trial c...
Criminal Law – Attempted Rape and Assault – Appellant convicted under Sections 376/511 and 354 IPC – Allegations of the appellant and others unlawfully entering the premises, assaulting the victim, and attempting to commit rape – Conviction based on the evidence of the victim and other witnesses, seizure of blood-stained items, and medical reports confirming injuries consis...
Quashing of Criminal Proceedings – Applicability of Section 197 CrPC – Protection to Public Servants Limited to Official Duties – Public officials allegedly colluding to create false evidence and fabricate an alibi for the accused in a murder trial – Held: The acts of collusion cannot be said to be part of the discharge of official duty; no sanction under Section 197 CrPC i...
Criminal Law - Forfeiture of Bail Bonds – Procedural Fairness – Quashing of Trial Court Order – The petitioner challenged the order of the trial court which forfeited his bail bonds and issued an arrest warrant for non-appearance. The Court observed that there was a procedural fallacy, as the petitioner was not afforded an opportunity to explain his non-appearance, which was a pr...
Juvenile Justice – Applicability of Juvenile Justice Act, 2000 – Appellant, a juvenile at the time of the offence, convicted under Sections 307 and 323 of IPC and Section 27 of the Arms Act – Plea of juvenility raised for the first time in appeal – Trial Court did not consider juvenility – High Court directed an inquiry by the Juvenile Justice Board – Inquiry co...
Criminal Law – Gang Rape and Murder – Acquittal of Co-Accused – Conviction of Principal Accused – Modification of Sentence from Death to Life Imprisonment – Appellant No. 1, Ram Prasad Ahirwar, and Appellant No. 2, Banshilal Ahirwar, were convicted for gang rape and murder of a minor girl (their relative) – Trial Court awarded death penalty to both appellants &n...
Quashing of Proceedings – Application of Section 482 Cr.P.C. – The petition was filed to quash the criminal proceedings initiated against the petitioner under the charges of kidnapping and under POCSO Act after the minor girl eloped and married the petitioner – Both the victim girl and her mother turned hostile during trial – The court considered the marriage, birth of a ch...
Criminal Law – Murder Conviction – Appellants convicted for the murder of Jayaraj @ Rajesh – Trial court's judgment affirmed by High Court – Supreme Court examines issues of dying declaration, witness hostility, and causal connection between injuries and death – The Court holds that the prosecution failed to establish the cause of death as directly linked to the i...
Maintenance Under Section 125 CrPC – Wife Living Separately – Right Upheld - The respondent wife was awarded maintenance of Rs. 6,000 per month for herself and Rs. 5,000 for her minor daughter. Despite the petitioner obtaining an ex-parte decree for restitution of conjugal rights, the Court held that the wife had justifiable grounds to live separately due to alleged harassment – ...
Criminal Law – Prevention of Money Laundering Act – Legality of Arrest – Procedural Compliance - Petitioner challenged his arrest under Section 19 of the PMLA on grounds of procedural violations, including failure to supply “reasons to believe” and non-consideration of exculpatory material – The Court held that Section 19 imposes stringent safeguards, requiring ...