Criminal Law – Acquittal Appeal – Scope of Appellate Review – Acquittal Upheld - Appeal by the State – The State of Gujarat preferred an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the accused for offenses punishable under Sections 323, 504, 506(2) IPC, and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes...
Criminal Law – Murder – Appeal against conviction - Murder vs. Culpable Homicide – Exception 4 to Section 300 IPC – Conviction Converted to Section 304 Part-II IPC - The prosecution relied on circumstantial evidence to establish that the appellant murdered the deceased due to an alleged illicit relationship with the acquitted co-accused – The appellant suffered injuri...
Criminal Law - Quashing of Criminal Proceedings – False Allegations of Kidnapping and Rape – Marriage Between Accused and Victim Established – FIR Quashed - The appellant and the victim had married of their own free will, as evidenced by their joint petition for protection before the High Court – The victim later returned to her parental home and alleged rape and forced mar...
Appeal against the High Court's dismissal of petitions under Section 482 CrPC seeking quashing of criminal proceedings under the SC-ST Act on the ground that the alleged offense did not occur in "public view."
Bail under NIA Act – Right to Speedy Trial – Petitioners accused of directing preparation of explosive bombs for political purposes—NIA investigation revealed connections with law enforcement and local administration—Court acknowledges serious allegations but emphasizes the right to a speedy trial—Held: Delay in trial cannot justify indefinite detention—Bail gra...
Criminal Law – Quashing of FIR – Second FIR for the Same Incident – The petitioner contended that two FIRs were lodged for the same incident dated 29.04.2017, the first being C.R. No. I-25/2017, and the second being the impugned FIR No. II-3002/2018 – Held: As per settled legal principles, there cannot be a second FIR for the same incident unless it is a counter-complaint &...
Criminal Law - Appeal against conviction - Prevention of Corruption Act – Demand and Acceptance of Bribe – Essential Ingredients Not Established – Acquittal Ordered – The prosecution must prove both demand and acceptance of an illegal gratification to sustain a conviction under the Prevention of Corruption Act – In the present case, the complainant's testimony was...
Criminal Proceedings – Quashing of FIR – Absence of Prosecution Sanction – The petitioner, a retired school Headmistress, was accused of misappropriation in the school’s Parent-Teacher Association and Noon Meal Fund – The Government declined to grant sanction for prosecution – Held: Prosecution sanction is mandatory for proceeding with the case; in its absence, ...
Negotiable Instruments Act – Dishonour of Cheque – Compounding of Offence – Effect on Conviction – The petitioner was convicted under Section 138 NI Act for dishonour of a cheque for ₹8,85,000/- – The conviction and sentence were upheld by the appellate court – During pendency of the revision, parties amicably settled the dispute and entered into a Joint Memor...
Criminal Law – Circumstantial Evidence – Conviction Upheld – Appellant convicted under Sections 364, 376, 379, 411, 302, and 201 IPC – Trial court sentenced him to life imprisonment for each of the offences under Sections 364, 376, and 302 IPC, along with imprisonment under Sections 201, 379, and 411 IPC – Prosecution established a complete chain of circumstances conn...