UAPA – Bail – Section 43D(5) – Overground Worker – Logistical Support – Long Incarceration – Appellant alleged to be a courier, messenger and overground worker of CPI (Maoist) who collected levy of Rs. 5 lakhs from a contractor on the direction of Maoist commander Ravindra Ganjhu – Cash, a letter of demand and other incriminating articles recovered from hi...
Criminal Trial – Murder Conviction based on Dying Declaration – Reliability and Suspicion – Conviction under Section 302 IPC set aside where prosecution case collapsed due to hostile witnesses and suspicious dying declaration – Held, dying declaration must be free from suspicion and inspire confidence; in absence of corroboration and presence of serious procedural irregular...
Criminal Law – Bail – Transfer of Trial – Professional Misconduct by Advocates – Violation of Fundamental Rights – Petitioners, toll plaza employees, arrested in connection with a scuffle, were denied legal representation due to violent boycott by local Bar members – Supreme Court held continued custody unjustified and violative of Article 21 – Directed im...
POCSO – Penetrative Sexual Assault – Conviction Upheld – Victim's Testimony – Section 4 POCSO Act – Appellant convicted by Trial Court for sexually penetrating the anus of a minor boy and for showing pornographic material to a minor – Sentenced to simple imprisonment of seven years under Section 4 POCSO Act and one year under Section 293 IPC – On appea...
Criminal Law – Bail – Section 307 IPC – Incarceration Exceeding Two Years – Bail Granted – Appellant was denied bail by the Allahabad High Court in FIR Case Crime No. 216 of 2023 registered under Sections 147, 148, 149, 307 IPC and Sections 3, 25 and 27 of the Arms Act – High Court noted two grievous firearm injuries to the victim and Trial Court's observati...
Criminal Law – Withdrawal from Prosecution – Section 321 CrPC – Dismissal of State's Revision Upheld – FIR No. 53/2018 registered for offences under Sections 147, 148, 332, 333, 353, 336, 307 and 436 r/w 149 IPC and Section 3 of the Prevention of Damage to Public Property Act arising from stone-pelting by protesters during "Bharat Band" on 02.04.2018 at Raniwa...
Criminal Law – Section 528 BNSS – Quashing of Charge-sheet – Cognizable Offence Disclosed – Application Dismissed – FIR lodged by informant (aged 73 years) alleging that Applicant No. 1 (his former driver) along with others forcibly entered his house, misbehaved with him and outraged the modesty of his daughter-in-law by tearing her clothes – Charge-sheet filed ...
Murder – Criminal Conspiracy – Common Intention – Appeal Dismissed – Appellant (original Accused No.3), a SRPF personnel, convicted by the Sessions Court for murder of deceased Kishor Khatri committed on 03.11.2015 at Somthana Shivar, Akola – Deceased was taken by Accused No.2 from Balaji Mall in a Tata Safari vehicle and found dead on a kachcha road – Ocular te...
Family Law – DNA Test – Paternity – Children's Rights – Divorce Petition on Desertion – Petitioner filed HMOP No. 45 of 2019 seeking divorce under Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion – During pendency, petitioner filed I.A. No. 553 of 2022 under Section 45 of the Indian Evidence Act seeking DNA testing of two children to pr...
Criminal Law – Murder – Conviction under Sections 302 and 498A IPC – Dying Declaration – Eyewitness Testimony – Conviction Upheld – Appellant-husband convicted for pouring kerosene on his wife and setting her on fire, causing 80–90% burn injuries resulting in death after three days – Trial Court acquitted the appellant on the ground that the bathroom...