Maintenance – Restoration of Application – Family Court dismissed restoration application after maintenance petition was dismissed for non-prosecution – Petitioners argued no lack of diligence on their part – Court examined whether Family Court retained jurisdiction to recall orders in maintenance cases [Paras 1-11].
Section 125 Cr.P.C. – Magistrate's Jurisdict...
First Information Report (FIR) – Allegation of Ante-Dating – FIR purportedly lodged on 5.3.2009 at 23:00 hours but inconsistencies noted in the time entries in chik and panchayatnama – High Court observed overwriting in FIR dates and improper maintenance of documents, raising suspicion on FIR’s authenticity [Paras 30, 33, 38].
Witness Credibility – Chance Witness &...
Criminal Law – Culpable Homicide – Acquittal – Circumstantial Evidence - Appellants were convicted for the culpable homicide of the deceased, initially under Section 302 IPC by the trial court, which was modified by the High Court to Section 304 Part I IPC with a sentence of 7 years rigorous imprisonment – Both courts relied on circumstantial evidence including last seen, m...
Invocation of Section 319 CrPC – Evidentiary Threshold – Test for Prima Facie Case – Power under Section 319 CrPC must be exercised only when evidence meets the standard of more than prima facie that would lead to conviction if unchallenged – Allegations in examination-in-chief, contradicted during cross-examination, do not satisfy this threshold – Held: High Court er...
Bail – Delay in arrest and insufficient recovery – Bail granted - The petitioner, accused of transporting cattle for illegal slaughter and firing at informants, argued that he was implicated solely based on the co-accused's disclosure. He was not arrested at the scene nor was any recovery made from him. Additionally, co-accused persons had been granted bail earlier. The Court held ...
Abetment to Suicide – Prima Facie Evidence and Framing of Charges – Sustained - The petitioners contested the framing of charges under Sections 306 and 34 of IPC, arguing lack of evidence for abetment as defined under Section 107 of IPC – Held: A prima facie case for abetment was established through the deceased’s suicide note and witness statements indicating sustained har...
Criminal Law - Appellate Powers – Reappraisal of Evidence – Principles for Interference with Conviction – The Appellate Court has a duty to independently assess evidence and may substitute the findings of the Trial Court if it concludes differently on reassessment – Conviction cannot be upheld solely based on hostile witness testimonies unless corroborated by reliable and c...
Criminal Law – Maintenance Under Section 125 CrPC – Obligation of Husband – Petitioner sought maintenance for herself and her minor daughter, claiming marital relationship with Opposite Party No. 2 – Trial Court awarded ₹2,000 per month to both; Sessions Court denied maintenance to Petitioner but enhanced child’s maintenance to ₹3,000 – Held: Maintenance is ...
Criminal Procedure – Section 133 Cr.P.C. – Dismissal of Petition for Non-Prosecution – Revision Petition against dismissal of a petition to prevent obstruction of a road – Petitioner claimed the date of hearing was mistakenly noted as 22.09.2023 instead of 22.08.2023 – Court held that the plea of a mistaken date is inherently improbable and unsupported by evidence &nd...
House-Trespass – Section 451 IPC – Conviction Sustained - The appellant was convicted for committing house-trespass with intent to commit an offence punishable with imprisonment. Based on the testimonies of PWs 4 and 5, the concurrent findings of guilt were upheld. The Court observed that the appellant's intent to commit an offence punishable under Section 354 IPC justified the con...