Narcotic Drugs – Conviction – Appeal: Appellant convicted for possession and trafficking of charas (9 kg and 800 grams) – Trial Court sentenced appellant to 20 years imprisonment with a fine of Rs. 1,00,000 – Appellant’s challenge based on procedural lapses in sampling and certification as per NDPS Act and Standing Orders – High Court finds procedural irregulari...
Recall of Witness – Section 311 CrPC – Denial of Adjournment – The petitioner’s counsel sought to recall the prosecutrix for cross-examination after the right to cross-examine was closed on the same day as re-examination due to counsel’s personal reasons – Trial Court rejected the application, noting that adequate opportunity had been provided – High Court...
Criminal Law – Conviction under Section 353 IPC – Appeal against conviction – Acquittal - Appellant acquitted on charges under the Prevention of Corruption Act but convicted under Section 353 IPC for allegedly obstructing public servants during trap proceedings – Appellant argued the evidence was insufficient to prove assault or criminal force – Supreme Court found th...
Criminal Law – Kidnapping and Rape of Minor – Plea of Consent – Appellant convicted for kidnapping and raping a minor girl – School records and medical evidence established victim’s age as 14 years – Plea of consent dismissed as minor cannot consent – Conviction and sentence upheld. [Paras 1-27]
Victim’s Age and Evidence – Analysis – H...
Presumption under NI Act – Rebuttal – Appeal allowed – Appeal against acquittal under Section 138 NI Act – Respondent issued cheque towards loan repayment, which was dishonored – Trial Court acquitted respondent, failing to properly apply presumption under Sections 118(a) and 139 NI Act – High Court held that once execution of cheque is admitted, presumption of ...
UAPA – Bail – Allowed - Prima Facie Case – Appellant sought bail after rejection by the Special Court and High Court. Accused under Sections 13, 18, 18A, 20 of UAPA. The Supreme Court evaluated whether there were reasonable grounds to believe the accusations were prima facie true. Held that there was insufficient material linking the appellant to the terrorist activities of PFI, ...
Perjury – Filing False Affidavit – High Court’s Direction to Prosecute – Appellant accused of submitting a false affidavit during bail proceedings – High Court directed the filing of a criminal complaint under Section 193 IPC – Supreme Court emphasized that a mere denial in affidavits does not meet the threshold for perjury – No evidence of deliberate fals...
Criminal Law – Suo Motu Proceedings in Supreme Court Concerning Rape and Murder of Doctor – Investigation Ordered and Guidelines Issued – The Supreme Court of India initiated suo motu proceedings regarding the alleged rape and murder of a 31-year-old postgraduate doctor at RG Kar Medical College, Kolkata. The Court addressed the lack of institutional safety for medical profession...
Criminal Law – POCSO Act – Conviction and Acquittal – High Court acquitted the accused under Sections 363 and 366 of IPC but set aside the conviction under Section 6 of the POCSO Act and Section 376(2)(n) of the IPC, citing non-exploitative consensual sexual relationship – Supreme Court overruled the High Court, emphasizing that any sexual act with a minor under 18 years is...
Bail – Pre-arrest Bail – Conditional Bail – High Court granted pre-arrest bail to the appellants with the condition to deposit 25% of ₹20,00,000. Supreme Court emphasizes that courts should not act as recovery agents for complainants’ dues when granting bail [Paras 2-5].
Conditional Bail – Jurisprudence – Supreme Court observes that the condition ...