House-Trespass – Section 451 IPC – Conviction Sustained - The appellant was convicted for committing house-trespass with intent to commit an offence punishable with imprisonment. Based on the testimonies of PWs 4 and 5, the concurrent findings of guilt were upheld. The Court observed that the appellant's intent to commit an offence punishable under Section 354 IPC justified the con...
Conviction for Murder – Benefit of Doubt Extended – Appellant was convicted for murdering the deceased and attempting to murder PW-13 – Court found discrepancies in the prosecution's evidence, including contradictory testimonies of PW-2 and PW-13 and suppression of the dying declaration – Held: Benefit of doubt granted; conviction set aside [Paras 20-25].
Eyewitness ...
Domestic Violence – Maintenance to Divorced Wife – Applicability of PWDV Act – Applicant challenged the enhancement of maintenance awarded to his divorced wife under the PWDV Act – Contended that divorce dissolves the domestic relationship, negating claims under the Act – Held: As per Supreme Court rulings in Prabha Tyagi v. Kamlesh Devi and V. D. Bhanot v. Savita Bha...
Criminal Law - Double Jeopardy – Second Prosecution for Same Offence Barred – FIR Quashed – Applicant challenged FIR registered under Sections 285, 287, 337, and 338 IPC, arguing he was already convicted under Section 92 of the Factories Act for the same incident – Court held: Prosecution under the IPC constitutes double jeopardy, violating Article 20(2) of the Constitution...
Matrimonial Offences – Quashment of FIR – Section 482 of CrPC – Allegations Omnibus in Nature – FIR Quashed - The appellant accused No.5, wife of accused No.6, challenged the High Court's refusal to quash the FIR despite quashing it for accused No.6 – The Supreme Court observed that allegations against accused No.5 were vague and unsupported by specific evidence, ...
SC/ST Act – Prima Facie Case – Sections 3(1)(x)(xi) – Charges Dropped – Allegations under the SC/ST Act regarding caste-based abuse and intimidation not substantiated – Trial court rightly found that the complaints were contradictory and did not establish public view or deliberate caste-based insult – Charges dropped under the SC/ST Act due to lack of prima faci...
Bail in Money Laundering Cases – Section 45 of PMLA – Twin Conditions Evaluated - The Court considered whether the petitioner satisfied the conditions under Section 45 of PMLA for bail, including whether there are reasonable grounds to believe the petitioner is not guilty and is unlikely to commit an offence if released. The petitioner was not arraigned as an accused in the predicate o...
Bail – Relevance of antecedents – Applicability of "bail is the rule, jail is the exception" principle – Bail Granted - The petitioner, accused of serious offences under the Bharatiya Nyaya Sanhita, 2023, argued that the case was fabricated due to marital discord and emphasized his prolonged judicial custody of 40 days and completed investigation. The Court held that an...
Interim Bail – Medical Grounds – PMLA Investigation – Held: Applicant granted interim bail from 25/11/2024 to 15/12/2024 to care for his father-in-law undergoing surgery – Bail granted considering specific medical circumstances, notwithstanding the nature of allegations under PMLA – Applicant directed to comply with strict conditions to ensure non-interference with th...
Bail Jurisprudence – SCs & STs (PoA) Act – Grant of Bail Post-Investigation – Held: Appellant accused of caste-based violence under the SCs & STs (PoA) Act granted bail – Court considered completion of investigation and absence of apprehension of evidence tampering – Observed that allegations require examination during trial – Bail granted on conditions ...