Criminal Law - Jurisdiction – Cognizance by Sessions Court – Section 193 of Cr.P.C. – Cognizance cannot be taken by the Sessions Court until a case is committed to it – The trial court added the applicants to the array of accused while considering a bail application before the committal of the case – Held: The court acted without jurisdiction in registering and decidi...
Criminal Law - Revision against charges - Abetment of Suicide – Ingredients under Section 306 IPC – Charge Maintained – Petitioner challenged the framing of charges under Section 306 IPC, arguing insufficient evidence of instigation – Court held that circumstantial evidence, including the death note and witness statements, created a grave suspicion justifying the fram...
Criminal Law – Death Sentence – Appellant convicted for rape and physical assault of his 5-year-old step-sister – Trial court awarded death sentence under Section 376 AB IPC – Case referred for confirmation of death sentence – Appeal against conviction and sentence considered [Paras 1-4].
Procedural Fairness – Examination of Victim’s Testimony – V...
Bail Application – Cross-Versions of Events – Political Sensitivity – Bail Granted – Applicants sought bail in a case alleging their involvement in a mob violence incident that resulted in deaths on both sides – Held: Evidence showed cross-versions with multiple deaths and injuries; the applicants were not named in the original FIR and their roles emerged later &ndash...
Criminal Law - 498-A IPC – Cruelty Against Wife – Conviction Affirmed – The accused (husband and in-laws) were convicted under Section 498-A IPC for continuous harassment of the informant, including dowry demands and physical assaults – The court rejected the plea of double jeopardy, holding that prior compromise and acquittal under similar allegations in an earlier case di...
Corporate Criminal Liability – Vicarious Liability of Directors – Prima Facie Case – Dismissal of Discharge Application Upheld – The petitioner, an executive director of Amrit Projects Ltd., challenged the continuation of proceedings against him under the SEBI Act and Companies Act, claiming no involvement in daily operations – Held: Directors with significant roles, ...
Criminal Proceedings – Mischaracterization of Civil Dispute – Section 482 of Cr.P.C. – Cognizance Quashed – The petitioners challenged criminal proceedings initiated against them for alleged forgery and fraud in a property sale involving Waqf land – The respondents alleged the sale deed was based on a forged Waqf Board authorization letter – The petitioners argu...
Criminal Law – Gang Rape – Acquittal – Appellants (Accused Nos. 1 to 4) convicted under Sections 120B, 366 r/w Section 34, 366A, 376(2)(n), and 376D IPC, Sections 5(l) and 5(g) r/w Section 6 of POCSO Act, 2012, and Section 77 of Juvenile Justice Act, 2015 – Sentenced to rigorous imprisonment for 20 years with fines – Trial court relied primarily on the survivor’...
Criminal Law - Prevention of Corruption Act – Section 17A – Validity of Approval – Writ Dismissed – The petitioners challenged the government’s approval for inquiry under Section 17A of the P.C. Act, contending lack of incriminating evidence, malafides, and violation of procedural safeguards – Held: The approval complied with statutory requirements, was based on...
Anticipatory Bail – Criminal History – Petitioner sought anticipatory bail in a case involving allegations of collecting money on behalf of jail officials through illegal means – State opposed bail citing petitioner’s prior criminal history, including a case under Section 302 IPC – Court observed that despite the availability of evidence, the petitioner had not been a...