Criminal Law – Rape and POCSO Act – Acquittal – Respondent accused of abducting and raping a 16-year-old prosecutrix under threat of a knife – FIR filed after two days of delay, with initial report by father alleging assault by three boys unrelated to the accused – Medical examination showed no injuries; contradictions in prosecutrix’s testimony regarding assaul...
Criminal Law – Conviction for Murder – Common Intention – The appellants were charged under Sections 302 and 34 IPC for the murder of Peethambaran following a physical altercation – The 1st accused inflicted a fatal stab injury on the deceased’s neck – Held: Evidence showed that the 2nd accused did not share a common intention with the 1st accused – Convic...
Custodial Interrogation – Improper Authorization – Remand Orders Quashed - The Directorate of Enforcement (ED) sought custodial interrogation of the petitioner post-cognizance without adequate justification under Section 309 CrPC and Section 44 of PMLA – The Special Court authorized remand without recording reasons or ensuring procedural compliance – Held: Custodial interro...
POCSO Offences – Quashing of Proceedings – Section 482 CrPC – Petition to quash proceedings for rape and penetrative sexual assault under IPC and POCSO Act, based on an affidavit by the victim’s mother retracting the allegations and attributing the case to retaliation. Held: Allegations of serious sexual offences cannot be quashed solely on the basis of subsequent withdrawa...
Criminal Law - Conviction under Section 366A IPC – Assessment of Evidence – Lack of Corroboration – Prosecution relied on inconsistent statements by witnesses and failed to present corroborative evidence from independent witnesses or reliable medical findings – Held: Inconsistencies in testimony of the victim (PW-1) and informant (PW-2) undermine the prosecution’s cas...
Civil Writ - Passports for Minors – Consent of Both Parents – Declaration in Annexure C – Passport Authority refused to process passport renewal applications of minors without the consent of their father – Mother submitted a declaration under Annexure C stating an ongoing custody dispute with no court order prohibiting passport issuance – Held: Annexure C suffices in ...
Eviction Under Senior Citizens Act – Necessity of Maintenance Claim – Non-maintainability Without Section 23(1) Basis – The appellant, mother of the writ petitioners, sought eviction of her sons and their families under the Senior Citizens Act, claiming the property was her deceased husband's self-acquired asset – The Tribunal ordered eviction without examining competin...
Criminal Law – Kidnapping and Abduction – Ingredients of Offence – Sections 363 and 366-A IPC – Held: Evidence adduced failed to establish kidnapping or abduction with intent for illicit intercourse – The prosecutrix testified that she accompanied the appellant voluntarily – Delay in filing FIR and absence of corroborating testimony of material witnesses undermi...
Criminal Law – Abetment of Suicide – Section 306 IPC – Evidence Insufficient – Presumption under Section 113A of the Evidence Act – Held: Presumption under Section 113A of the Evidence Act requires cruelty as defined in Section 498-A IPC to establish abetment of suicide – In the absence of cogent evidence of cruelty or harassment, the presumption cannot arise &n...
Criminal Law – Murder – Section 302 IPC – Single Fatal Blow – Applicability of Clause 3rdly of Section 300 IPC – Held: Intentional infliction of a fatal blow aimed at a vital part of the body establishes intention to cause death – Use of dangerous weapon (iron rod) and absence of provocation confirmed premeditated intention – Conviction under Section 302 I...