Criminal Law - Quashing - Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Not Negotiable Endorsement – Applicability – Petitioner sought quashing of complaint under Section 138 NI Act on ground that cheque bore "Not Negotiable" marking – Held: Endorsement “Not Negotiable” merely restricts transferee from acquiring better ti...
Criminal Law – Bail – Murder by Poisoning – Grant of Bail on Change in Circumstances – Petitioner (A-2) sought regular bail in a case alleging conspiracy and murder by mixing cyanide poison in alcohol of the deceased – Earlier bail application dismissed on the ground that investigation was at a crucial stage – Subsequent completion of investigation and filing of...
POCSO Act – Sexual Assault on Minor – Conviction – Prosecutrix kidnapped while going for nature’s call during marriage ceremony – Confined in accused’s house and subjected to repeated sexual intercourse – Victim recovered from accused’s house on third day – Trial Court convicted accused under IPC and POCSO provisions – High Court upheld c...
NDPS Act – Regular Bail – Commercial Quantity – Section 37 – Rigours of Statute – Petitioner sought regular bail in FIR involving recovery of 195 intoxicant tablets (Etizolam) amounting to commercial quantity – Court held that once commercial quantity is involved, bail can be granted only on satisfaction of twin conditions under Section 37 NDPS Act – Mere ...
Criminal Law – Murder – Conviction based on circumstantial evidence – Dying Declaration – Acquittal – Accused convicted by Trial Court for murder of deceased by setting her ablaze after alleged quarrel arising out of illicit relationship – Prosecution case resting mainly on dying declaration and medical evidence – On appeal, High Court finds that there wer...
Criminal Law – Arms Act – Conviction under Sections 25(1)(a) and 27 – Proof of Seizure – Hostile Independent Witnesses – Benefit of Doubt – Appellant convicted for unlawful possession and use of firearm based on alleged police raid and recovery of pipe-gun and cartridges – Independent witnesses cited as members of raiding party and seizure witnesses (PW2, ...
Criminal Law – Section 482 Cr.P.C. – Quashing of Summoning Order – Defamation by Media Telecast – Applicants, Editor, Reporter and Anchor of News18 Punjab, sought quashing of summoning order in complaint alleging defamatory news telecast against an IPS officer – Allegation that applicants projected complainant as receiving illegal money from criminals – Magistra...
Criminal Law – Dacoity with Firearm – Conviction under Sections 395 and 397 IPC – Acquittal – Appellants convicted for dacoity and causing firearm injury based primarily on testimony of injured witness – On appeal, High Court finds serious contradictions and inconsistencies in prosecution evidence – Conviction set aside [Paras 9–11].
Identification of A...
Criminal Law – Murder Conviction – Circumstantial Evidence – Acquittal – Accused convicted under Section 302 IPC based solely on circumstantial evidence – On appeal, High Court finds prosecution failed to establish a complete and unbroken chain of circumstances pointing exclusively to guilt – Benefit of doubt granted – Conviction set aside [Paras 70–...
Criminal Law – Recall of Witness – Section 311 Cr.P.C. / Section 348 BNSS – Petitioners sought recall of PW-1 for further cross-examination – Trial court dismissed application holding no sufficient cause for earlier non-cross-examination – PW-1’s testimony earlier closed with remark “Nil. Opportunity given” when accused were unrepresented – Hel...