Criminal Law – Murder – Acquittal -Circumstantial Evidence – Requirement of Full Chain of Proof – Benefit of Doubt Given – The appellant challenged his conviction for two murders on the grounds that the prosecution failed to establish the motive and the last seen theory – Held: The prosecution could not prove the essential elements of circumstantial evidence as ...
Criminal Law – Conviction for Attempt to Murder and Arms Possession – Appellants convicted under Sections 307/34 IPC and Section 25 of the Arms Act – Trial Court sentenced Raj Singh to seven years and others to three years rigorous imprisonment with fines – Appeals contesting convictions based on alleged procedural errors and contradictions in witness testimonies [Paras 1-1...
Criminal Law – Appeal Against Acquittal – Scope and Principles – The High Court emphasized that judgments of acquittal should not be interfered with lightly and appellate courts must be extremely careful in such cases. Only when perversity of fact and law is found should an acquittal be overturned [Paras 41-42].
Evidence – Inconsistent Testimonies – Mater...
Criminal Law – Murder – Conspiracy and Evidence Destruction – Section 120B and Section 302 IPC – The appellant, along with two co-accused, conspired to murder her 4-year-old daughter to eliminate her as an obstacle to her immoral lifestyle with her co-conspirators – The child's body was exhumed from a plot after the appellant misled the police with a missing compl...
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...
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 - 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...
Quashing of Criminal Proceedings – Applicability of Section 197 CrPC – Protection to Public Servants Limited to Official Duties – Public officials allegedly colluding to create false evidence and fabricate an alibi for the accused in a murder trial – Held: The acts of collusion cannot be said to be part of the discharge of official duty; no sanction under Section 197 CrPC i...
Criminal Law – Discharge Petition – Dismissal of Discharge Petition Challenged – Accused sought discharge under Section 227 of Cr.P.C., arguing lack of prima facie evidence for charges under Section 509 IPC and Sections 11(1) and 12 of POCSO Act – Trial court dismissed discharge petition, finding sufficient grounds for proceeding with trial – High Court upheld trial c...