Criminal Procedure – Additional Evidence – Section 391 Cr.P.C. – Application filed for further cross-examination of P.W.1 Melita Sabar – Initial examination and cross-examination conducted, with alleged contradictions in her statements before different courts – High Court allows additional evidence in the interest of justice and to ensure fair trial, emphasizing the a...
NDPS – Bail Application for Intermediate Quantity Offense – Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2024 – Sole accused in Crime No. 578/2024 sought bail after five months in custody, with contraband recovery already made and investigation completed – Prosecution alleged prior criminal involvement and argued against bail, citing risk of reoffending – ...
Criminal Law – Conviction for Murder and Destruction of Evidence – Appellants convicted for beating Rajinder Singh @ Bhura to death and disposing of his body – Trial court’s judgment based on testimonies of eyewitnesses, recovery of weapons, and forensic evidence – High Court reverses conviction due to significant inconsistencies and procedural lapses in the prosecuti...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by setting her on fire – Trial court’s judgment affirmed – Appeal dismissed based on consistent dying declarations by the deceased to police and magistrates – Court finds no grounds for mitigating the charge under Section 302 IPC despite claims of intoxication [Paras 1-25].
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Criminal Law – Bail – Petition for regular bail – Petitioner arrested with counterfeit currency notes – Prosecution case based on secret information and recovery by police – Petitioner claims false implication and non-recovery of counterfeit notes – Petitioner contends that counterfeit notes are toys and not genuine currency – Held – Petitioner in cu...
Negotiable Instruments Act – Dishonored Cheque – Petitioner issued a cheque for Rs.20,00,000 to the respondent which was dishonored – Respondent filed a case under Section 138 of the N.I. Act – Petitioner sought production of original agreement via Section 91 Cr.P.C., alleging potential discrepancy in ink used for signatures [Paras 1-3].
Section 91 Cr.P.C. &nda...
Criminal Law – Vicarious Liability – Complaint Quashing: Complaint filed by National Housing Bank alleging violations under Section 29A of the National Housing Bank Act against the company and its directors – High Court quashed the complaint for non-compliance with the requirements similar to those in Section 141 of the Negotiable Instruments Act – Supreme Court held that t...
Criminal Law – Aggravated Penetrative Sexual Assault – Appellant convicted of aggravated penetrative sexual assault on a child below twelve years under sections 5(m) and 5(l) of the POCSO Act, and sentenced to twenty years rigorous imprisonment with a fine of Rs.30,000/- for each offence – Conviction under sections 376AB, 375(a) and 354B IPC also recorded, but sentencing limited ...
Criminal Law – Abetment of Suicide – Essential Ingredients – Mens Rea – Petitioner’s reluctance to marry deceased after engagement and harsh communication leading to her suicide – Examination of mental process and direct acts of instigation or aid necessary for conviction under Section 306 IPC – Charge-sheet and statements lack sufficient evidence to estab...
Bail – Regular Bail in Suicide Case – Petitioners sought bail in a case under Section 306 IPC, alleging harassment leading to suicide – Court noted petitioners' long incarceration, lack of evidence examination, and Supreme Court’s bail principles – Bail granted considering prolonged detention without trial progression [Paras 1-15].
Suicide Note – Evidenti...