Criminal Law – Offences under the Insecticides Act – Petitioners challenged the cognizance and summons issued by the Trial Court for selling insecticides without a license – The main argument focused on the non-compliance with Section 33 of the Insecticides Act, which mandates the inclusion of the company in proceedings against its officers [Paras 1-12].
Procedure under Section ...
Quashing of Proceedings – Absence of Prima Facie Case – Application Allowed – The petitioner was charged under the IPC and Immoral Traffic (Prevention) Act, 1956, after being apprehended at a location allegedly used as a brothel. Examination of the case diary revealed that the petitioner was present as a customer, with no allegations or evidence indicating involvement in managing...
Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].
Ident...
Premature Release – Application of Government Policy – Petitioner sought premature release under the 1991 policy of the Punjab Government – Contention on inclusion of parole period in the calculation of actual imprisonment – State's policy changed in 2020 to exclude parole period from actual sentence – Court held the policy at the time of conviction governs premat...
Criminal Law - Death Penalty – Rare and Exceptional Circumstances – Conviction Based on Circumstantial Evidence and DNA Report – Sentence Modified – The appellants were convicted for gang rape and murder of a minor, with the trial court awarding the death penalty based on DNA evidence linking one appellant to the crime – The High Court considered whether the case fell...
Wildlife Protection – Conviction for Hunting and Unauthorized Entry – Revisionist convicted under multiple sections of the Wild Life (Protection) Act, 1972 – Trial and appellate courts’ decisions affirmed conviction based on recovery of a weapon and intent to hunt tigers – High Court finds lack of substantial evidence to prove the charges – Prosecution failed to...
Criminal Law – Bail – Prolonged Custody – Petitioner accused of murder, in judicial custody for 10 months, investigation complete and final report filed – Bail granted with stringent conditions.
Presumption of Innocence – Pre-conviction Imprisonment – Courts should not deny bail solely on public sentiment – Emphasis on presumption of innocence and right...
Criminal Law – Murder – Conviction overturned - Dying Declarations – Conflicting Evidence – Two inconsistent dying declarations formed the basis of the prosecution's case – Court observed significant discrepancies in the deceased's statements regarding specific overt acts by the accused – Decision: The Court held it unsafe to convict the accused solely b...
Criminal Law – Murder Conviction – Appellant convicted for the murder of Girija Devi – Eyewitness account from the informant (mother-in-law of the deceased) contradicted by her own statements and other witnesses declared hostile – Conviction based on unreliable sole testimony – No motive or recovery of the weapon – Appellant acquitted due to lack of evidence [Pa...
Family Law – Interim Maintenance – Execution of Maintenance Orders – Appeal Dismissed – The appellant challenged the execution of an interim maintenance order passed under Section 36 of the Special Marriage Act, contending that the order was not enforceable under Section 39A, which applies to orders passed under Chapters V or VI, while Section 36 is in Chapter VII – H...