Anticipatory Bail – Driving under Influence – The applicant sought anticipatory bail following an accident where she was alleged to have driven a car under the influence of alcohol, causing the death of two persons. Initially charged under Sections 304-A, 279, 337, and 338 of the IPC and Section 184 of the MV Act, additional charges under Sections 304 and 427 of the IPC and Section 185...
Pre-Arrest Bail – Custodial Death Allegations – Seriousness of Offences – Petitioner, a police officer, sought pre-arrest bail in a case involving allegations of wrongful confinement, assault, and custodial death of complainant’s mother. Judicial inquiry suggested suicide, but conflicting evidence, including post-mortem reports showing multiple injuries, led to the denial o...
Criminal Law – Conviction for Gang Rape – Appellants convicted under Sections 376-D/34 and 376-DA/34 IPC, and Sections 4 & 6 of POCSO Act, 2012 – Sentenced to life imprisonment and fines – Trial Court’s decision based on victim’s testimony and forensic evidence – Appeals challenge credibility of victim and adequacy of medical evidence [Paras 1-12].
...
Criminal Law – Quashing of FIR – Petition under Section 482 Cr.P.C. –
Allegations of dowry harassment and domestic violence – FIR against entire family of husband including those living separately – Specific allegations only against husband and parents – General, vague, and bald allegations against others – No prima facie case against distant relatives...
Evidence – Reliability of Victim’s Testimony – Victim alleged rape by the appellant; initial FIR filed on the basis of the victim’s written report. During the trial, discrepancies arose between the victim’s written report and her oral testimony, including the sequence of events and identification of the appellant. The court found significant inconsistencies and a lack...
Narcotics – Discharge of Accused – Trial Court Order Set Aside – Trial court discharged the respondent based on the inadequacy of evidence aside from co-accused statements under Section 67 of the NDPS Act – High Court emphasized admissibility of CDRs and additional evidence – Statements under Section 67 inadmissible under Section 25 of the Evidence Act alone but CDRs ...
Criminal Law – Sexual Assault – Acquittal Reversed – Trial court acquitted the respondent (father) of charges of sexual assault on his minor daughters, finding the evidence insufficient – High Court re-evaluates evidence, including statements under Section 164 Cr.P.C. and testimonies of victims consistent with sexual assault allegations – High Court concludes trial co...
Bail Application – Grounds of Parity – Petitioner Jagdish @ Jamabaram seeks bail citing the bail granted to co-accused Karna Ram – Petitioner in judicial custody since 21.01.2021 – Trial likely to be prolonged – High Court finds petitioner's case not distinguishable from co-accused, extends bail on grounds of parity and prolonged incarceration [Paras 1-6].
&nbs...
Bail Application – NDPS Act – Second bail application filed after chargesheet submission – First bail application dismissed with liberty to reapply post chargesheet – Alleged false implication and fabrication of evidence by police – CCTV footage and purchase bills not considered by Investigating Officer – Fair investigation not conducted – Bail granted wit...
Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be exa...