Criminal Law - Forfeiture of Bail Bonds – Procedural Fairness – Quashing of Trial Court Order – The petitioner challenged the order of the trial court which forfeited his bail bonds and issued an arrest warrant for non-appearance. The Court observed that there was a procedural fallacy, as the petitioner was not afforded an opportunity to explain his non-appearance, which was a pr...
Juvenile Justice – Applicability of Juvenile Justice Act, 2000 – Appellant, a juvenile at the time of the offence, convicted under Sections 307 and 323 of IPC and Section 27 of the Arms Act – Plea of juvenility raised for the first time in appeal – Trial Court did not consider juvenility – High Court directed an inquiry by the Juvenile Justice Board – Inquiry co...
Criminal Law – Gang Rape and Murder – Acquittal of Co-Accused – Conviction of Principal Accused – Modification of Sentence from Death to Life Imprisonment – Appellant No. 1, Ram Prasad Ahirwar, and Appellant No. 2, Banshilal Ahirwar, were convicted for gang rape and murder of a minor girl (their relative) – Trial Court awarded death penalty to both appellants &n...
Quashing of Proceedings – Application of Section 482 Cr.P.C. – The petition was filed to quash the criminal proceedings initiated against the petitioner under the charges of kidnapping and under POCSO Act after the minor girl eloped and married the petitioner – Both the victim girl and her mother turned hostile during trial – The court considered the marriage, birth of a ch...
Criminal Law – Murder Conviction – Appellants convicted for the murder of Jayaraj @ Rajesh – Trial court's judgment affirmed by High Court – Supreme Court examines issues of dying declaration, witness hostility, and causal connection between injuries and death – The Court holds that the prosecution failed to establish the cause of death as directly linked to the i...
Maintenance Under Section 125 CrPC – Wife Living Separately – Right Upheld - The respondent wife was awarded maintenance of Rs. 6,000 per month for herself and Rs. 5,000 for her minor daughter. Despite the petitioner obtaining an ex-parte decree for restitution of conjugal rights, the Court held that the wife had justifiable grounds to live separately due to alleged harassment – ...
Criminal Law – Prevention of Money Laundering Act – Legality of Arrest – Procedural Compliance - Petitioner challenged his arrest under Section 19 of the PMLA on grounds of procedural violations, including failure to supply “reasons to believe” and non-consideration of exculpatory material – The Court held that Section 19 imposes stringent safeguards, requiring ...
Criminal Law – Offences under the Insecticides Act – Petitioners challenged the cognizance and summons issued by the Trial Court for selling insecticides without a license – The main argument focused on the non-compliance with Section 33 of the Insecticides Act, which mandates the inclusion of the company in proceedings against its officers [Paras 1-12].
Procedure under Section ...
Quashing of Proceedings – Absence of Prima Facie Case – Application Allowed – The petitioner was charged under the IPC and Immoral Traffic (Prevention) Act, 1956, after being apprehended at a location allegedly used as a brothel. Examination of the case diary revealed that the petitioner was present as a customer, with no allegations or evidence indicating involvement in managing...
Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].
Ident...