Criminal Law – Sexual Assault – Acquittal – Respondent No. 2 accused of showing obscene videos and attempting to molest a minor girl – FIR lodged after delay of 4 days – No medical evidence or certified age document produced to prove minority of victim – Photocopy of birth certificate not verified per statutory requirement – Held: Prosecution failed to est...
Civil Law – Rejection of Plaint – Order VII Rule 11 CPC – No Cause of Action – Plaintiff filed a declaratory suit seeking invalidation of multiple gift deeds and powers of attorney concerning a property allegedly related to his father and uncle – Trial court rejected the suit at the threshold under Order VII Rule 11 CPC citing lack of any legal right or ownership clai...
Criminal Law – Rape – Sole Testimony of Prosecutrix – Credibility – Appellant convicted under Section 376 IPC based solely on the testimony of the prosecutrix – FIR lodged after delay of one day, allegedly after husband’s consent – Medical examination showed ruptured hymen but no external injuries – Neighbours, husband, and key witnesses not examined...
Criminal Appeal – Conviction under Section 308 of IPC – Whether conviction sustainable – Appellant, conductor of a stage carriage bus, convicted for ringing the bell and causing the bus to start, resulting in a passenger falling and sustaining injuries – Accused No. 3 acquitted – Appellant’s contention that offence of attempt to commit culpable homicide not made...
Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Dowry Prohibition Act – High Court quashed proceedings arising from FIR No.35 of 2024, registered by appellant-wife against husband and in-laws alleging harassment and dowry demand – High Court held non-mention of two specific incidents (dated 22.07.2021 and 27.11.2022) in earlier complaints before FIR ...
DNA Testing – Presumption of Legitimacy – Criminal Proceedings – Section 112 Evidence Act – Right to Privacy – Constitution of India – DNA test sought to prove that appellant fathered child during subsistence of marriage between Respondent No.1 and her husband Abdul Latheef – Supreme Court held: statutory presumption under Section 112 protects child’...
Murder Trial – Circumstantial Evidence – Conviction Upheld – Appellant charged with murder of deceased on pretext of repaying loan of ₹10,000 – Prosecution proved circumstances: last seen together, appellant returning alone in blood-stained clothes, extrajudicial confession, recovery of weapon at his instance, seizure of deceased’s articles, medical and forensic cor...
Criminal Law – Framing of Charges – Murder – Criminal Conspiracy – Charge Sustained – Accused allegedly conspired to dispossess the complainant from his land, leading to fatal assault on his son – Evidence of threats, long-standing land dispute, and coordinated movement of accused supported by CCTV footage, CDRs, and eyewitness accounts – Held: Trial court...
Criminal Law – Culpable Homicide – Section 302 IPC – Conversion to Section 304 Part I – Appellant convicted for murder of deceased Louis Williams based on knife injuries inflicted during altercation – Trial Court and High Court convicted under Section 302 IPC – Supreme Court held: injuries not shown to be inflicted with intention to cause death – Death occ...
Criminal Procedure – Arrest – Communication of Grounds – Mode, Timing, and Language – Arrest without written communication of grounds violative of Articles 21 and 22(1) – Arrest and remand thereby rendered illegal – Minimum requirement: Written grounds of arrest to be furnished at least two hours before production for remand – Applies to all offences inclu...