Criminal Law - Murder – Appeal against conviction - Circumstantial Evidence – Whether Chain of Evidence Was Complete – The appellant was convicted under Section 302 IPC for allegedly murdering the deceased, Haseena, during an exorcism ritual—Prosecution relied on circumstantial evidence, including testimonies of family members and medical reports—Held: Prosecution fai...
Criminal Law - Dismissal of Criminal Appeal in Limine – Whether Justified – The High Court dismissed the appellant’s criminal appeal on the first day without calling for trial court records—Held: Appellate courts must examine trial records before deciding an appeal, especially in cases involving acquittals—Failure to do so constitutes a serious procedural lapse—...
Limitation Law - Condonation of Delay – No Sufficient Cause – High Court’s Order Set Aside - The respondents sought to set aside an ex-parte decree after a delay of 1312 days, citing misplaced case files and delayed handover by counsel – The Supreme Court held that no reasonable explanation was provided for the delay, especially since the legal heirs of the defendant were a...
Criminal Law - Appeal Against Acquittal – Grant of Leave Under Section 378(3) CrPC – Judicial Parameters – The appellant challenged the High Court’s order refusing to grant leave in an acquittal appeal—Held: At the stage of granting leave, the High Court should not evaluate the entire evidence but determine if an arguable case exists—Prima facie review showed ma...
Criminal Law - Preventive Detention – Non-Application of Mind – Order Quashed - The detenu was detained under Section 3(1) of the COFEPOSA Act for alleged involvement in a gold smuggling syndicate – The detention order cited multiple grounds, including past involvement in smuggling and a previous narcotics conviction – The Supreme Court held that there was a lack of indepen...
Criminal Law – Rape – POCSO - Appeal against conviction – Conviction Based on Child Witness – Whether Reliable – The appellant was convicted for raping a 4½-year-old girl and sentenced to life imprisonment for the remainder of his natural life—Held: The minor victim’s testimony was clear, consistent, and corroborated by medical evidence—Child ...
Bail - Acid Attack – Role of the Accused – Whether Bail Can Be Granted – The petitioner was accused of being a key conspirator in an acid attack on a senior resident doctor—Prosecution alleged that he facilitated the crime by procuring acid and hiring juveniles to execute the attack—Held: Given the gravity of the offence, granting bail at this stage would not be appro...
Confiscation of Vehicle Under NDPS Act – Permissible Only Upon Conclusion of Trial – Confiscation Order Set Aside - The police recovered ten grams of smack from the revisionist’s vehicle, leading to registration of a case under Sections 8/21 of the NDPS Act – The trial court rejected the revisionist’s application for release and ordered confiscation – The High C...
Criminal Law – Appeal Against Conviction - Forgery and Fabrication – Lack of Primary Evidence – Conviction Set Aside – The appellant was convicted on the basis of allegations that he prepared the postal cover in which a forged marksheet was transmitted – The trial court relied on the testimony of a handwriting expert (PW-18) to establish the appellant’s involvem...
Criminal Law – Quashing – Rape - False Promise of Marriage – Long-Term Consensual Relationship – FIR Quashed – The appellant and the complainant were in an intimate relationship for over 16 years – The complainant alleged that the appellant had engaged in sexual intercourse with her under a false promise of marriage – However, she continued the relationshi...