Bail Petition – Sections 439 Cr.P.C. – Petitioner sought bail for offenses under IPC and IT Act, including sending obscene messages and morphing images – Petitioner argued the case was foisted due to personal dispute – Court noted the seriousness of charges and impact on society, particularly younger generation using social media – Emphasized that morphing images and ...
Judicial Remarks – Expungement – Adverse Observations Against a Judicial Officer – Appeal Allowed – The appellant, an Additional District and Sessions Judge, sought expungement of remarks in a Delhi High Court order, alleging unnecessary and stigmatizing language used against him. Held: The High Court erred by making personal remarks against the appellant without following ...
Bail – Mental Illness – Schizophrenia – Granted – Application for bail by the accused charged under Sections 302/201 IPC for the murder of her three-month-old son – Medical reports confirmed the applicant suffers from schizophrenia – Court considered that the accused is a woman, sick, and infirm under Section 437 CrPC – Observed: Keeping the accused in cus...
Criminal Law - Double Murder – Conviction Upheld Under Section 302 IPC – Bhupinder Singh convicted for the murder of his mother-in-law and brother-in-law using a licensed revolver – Eye witness testimony corroborated by ballistic evidence and post-mortem reports – Court upheld conviction, citing unimpeachable evidence and absence of procedural lapses [Paras 40-45, 50].
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Criminal Law - Age Determination – Procedural Deficiency – Conviction Under POCSO Act Set Aside – The appellant challenged the victim’s age, arguing insufficient evidence to prove her minority – Court noted reliance solely on a bonafide certificate (Ex.P17), with no corroborating school admission or birth certificate, nor an ossification test – Held: Victim&rsqu...
Criminal Law - Attempt to Murder – Section 307 IPC – Conviction Upheld – Appellant accused of grievously injuring a woman using a sharp weapon (darat), resulting in life-threatening injuries – Victim’s testimony corroborated by medical evidence and circumstantial findings – Trial Court’s judgment upheld [Paras 28-33].
Credibility of Injured Wi...
Parole – Premature Release Pending Governor’s Decision – Granted – Petitioner, serving life imprisonment, sought release on parole pending the Governor’s decision on premature release – Court relied on Rashidul Jafar @ Chota vs. State of Uttar Pradesh, where premature release policies were deemed applicable without arbitrary delays – Held: Parole granted f...
Jurisdiction of Benches – Appeals Based on Sentence Length – Rules Clarified – Question arose whether criminal appeals with a sentence of ten years or less, traditionally heard by a Single Judge, could be transferred to a Division Bench when arising from a common trial court judgment involving cases requiring Division Bench jurisdiction (e.g., under Section 372 or 377 CrPC) &ndas...
Criminal Law – Murder – Conviction Based on Circumstantial Evidence – Acquittal – Appellants were convicted for abduction, murder, and destruction of evidence under Sections 364, 302, 201, 212, and 120-B of the IPC – Trial Court sentenced them to life imprisonment – High Court upheld their convictions while acquitting co-accused – Supreme Court held that t...
Criminal Law - Juvenile Justice – Determination of Age – Reassessment Ordered - The JMFC, Bhind, determined the revisionist's age as below 18 years on the date of the offense based on school certificates showing the birth date as 02.07.2006 – Additional Sessions Judge remanded the case for fresh inquiry due to conflicting documents submitted by the complainant suggesting the ...