Criminal Law – Circumstantial Evidence – Prosecution’s reliance on extra-judicial confession to Village Revenue Officer – Accused’s confessions led to discovery of blood-stained clothes, weapons – Fingerprint evidence corroborated accused’s presence at scene – All circumstances conclusively pointing to guilt of accused – Convictions upheld [Par...
Criminal Procedure – Quashing of FIR – The application for quashing the FIR was based on the grounds that the alleged cause of action occurred at Indore, and the FIR was lodged as a counter-blast to a divorce petition filed by the applicant. The Court held that the existence of a counter-blast motive and the different residence claims did not justify quashing the FIR as these are matte...
Criminal Law – Territorial Jurisdiction – Section 498-A IPC, Sections 3 & 4 of Dowry Prohibition Act, Section 3(1)(x) of SC & ST (POA) Act – Appellants sought discharge on grounds of lack of territorial jurisdiction, contending harassment occurred in Kurnool, not Visakhapatnam – Special Judge found continuous offence and dismissed discharge petitions – High Co...
Sexual Harassment – Internal Complaints Committee (ICC) – Appellant challenged the fact-finding report and second show-cause notice issued by the ICC, leading to his dismissal – Court upheld the ICC's procedures, stating no violation of natural justice principles – ICC's findings treated as those of an inquiry authority under the Vishaka guidelines and subsequent le...
Criminal Procedure – Bail Conditions – Imposition of Unusual Conditions – Petitioner released on bail with condition to deposit passport – Petitioner did not possess passport – Trial Court failed to consider affidavit and investigating officer’s statement confirming non-possession – Trial Court directed Petitioner to deposit passport within four months, im...
Criminal Law – Abetment to Suicide – Appeal against the acquittal – Respondents acquitted by the Additional Sessions Judge, Fast Track Court No.5, Jamnagar – Allegations of mental and physical torture leading to suicide of the victim by burning – Dying declaration and witness testimonies considered – High Court upheld the acquittal, finding no manifest illegalit...
Anticipatory Bail – Dowry Death – Petitioners seeking anticipatory bail under Section 438 of Cr.P.C. – Allegations of dowry harassment leading to suicide – Petitioners A.4 and A.5, relatives of A.1 (husband) – Petitioners assert no involvement in marital disputes or the alleged harassment – Opposed by Prosecution on grounds of ongoing investigation – Court...
Criminal Law – Rape and Cheating – Appellant convicted for rape under the pretext of false promise of marriage – Trial court’s judgment affirmed by High Court – Appellant argued that the prosecutrix knew he was married and that her consent was not obtained under misconception – High Court emphasized the absence of evidence proving misconception or coercion [Para...
Counterfeit Currency – Acquittal Appeal – State appealed against the acquittal of accused charged with possession and trafficking of counterfeit currency under IPC Sections 489(A), (B), (C), and (D) – High Court upheld the trial court's judgment acquitting the accused – Emphasized the requirement of mens rea and the prosecution's failure to establish knowledge of co...
Hostile Witnesses – Evidentiary Value – Reliance on Admissible Portion – The Court held that the evidence of a hostile witness cannot be discarded entirely and must be considered with due care. The admissible portion of PW-5’s testimony, corroborated by other reliable witnesses, indicated that the appellants had kidnapped the deceased. [Paras 9-10, 12-14].
Circ...