Criminal Law – Conviction under NDPS Act – Acquittal on Appeal – Appellant convicted under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for allegedly supplying a psychotropic substance, Fortwin injections, for illegal interstate transportation. High Court upheld the conviction; however, the Supreme Court found no admissible evidence...
Criminal Law – Consolidation of Sureties – Petitioner unable to furnish separate sureties for 11 FIRs across multiple states – Supreme Court orders consolidation of sureties, permitting the use of a single set of sureties in all cases within each state – Court emphasizes balance between the need for sureties and the protection of the petitioner's fundamental rights unde...
Criminal Law – Quashing of Criminal Proceedings under IPC and Prevention of Corruption Act – Supreme Court remands matter to Division Bench of High Court – Challenge against Single Judge's decision quashing criminal proceedings arising from IPO fraud in Yes Bank and IDFC shares – CBI contends settlement with SEBI does not absolve criminal liability – Supreme Court...
Criminal Law – Appeal against Conviction under Section 304 Part II IPC – Alteration of Sentence – High Court altered the conviction of the appellant from Section 304 Part I to Section 304 Part II IPC and sentenced him to five years of rigorous imprisonment – The appellant argued for complete acquittal, claiming self-defense, while the State supported the High Court’s ...
Criminal Procedure – Dismissal of Complaint – The Trial Court dismissed the complaint under Section 256 Cr.P.C. for non-appearance of the complainant on the date fixed for hearing. The complainant argued that his absence was due to an error in noting the date by his counsel. The High Court, upon review, found that the complainant’s presence was not essential on the said date as t...
police inspector, alleged to have disproportionate assets – Inquiry revealed expenditure of ₹16,75,329 against income of ₹4,82,695 – Held, mere acquisition of property not constituting offence, but failure to satisfactorily Prevention of Corruption – Disproportionate Assets – Acquittal – Appellant, aaccount for such possession – Appellant explained sources i...
Narcotic Drugs – Conviction – Appeal: Appellant convicted for possession and trafficking of charas (9 kg and 800 grams) – Trial Court sentenced appellant to 20 years imprisonment with a fine of Rs. 1,00,000 – Appellant’s challenge based on procedural lapses in sampling and certification as per NDPS Act and Standing Orders – High Court finds procedural irregulari...
Recall of Witness – Section 311 CrPC – Denial of Adjournment – The petitioner’s counsel sought to recall the prosecutrix for cross-examination after the right to cross-examine was closed on the same day as re-examination due to counsel’s personal reasons – Trial Court rejected the application, noting that adequate opportunity had been provided – High Court...
Criminal Law – Conviction under Section 353 IPC – Appeal against conviction – Acquittal - Appellant acquitted on charges under the Prevention of Corruption Act but convicted under Section 353 IPC for allegedly obstructing public servants during trap proceedings – Appellant argued the evidence was insufficient to prove assault or criminal force – Supreme Court found th...
Criminal Law – Kidnapping and Rape of Minor – Plea of Consent – Appellant convicted for kidnapping and raping a minor girl – School records and medical evidence established victim’s age as 14 years – Plea of consent dismissed as minor cannot consent – Conviction and sentence upheld. [Paras 1-27]
Victim’s Age and Evidence – Analysis – H...