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 ...
Criminal Law – NDPS Act – Conviction and Sentence – Appellant convicted for possession of 77.36 kg of Cannabis (Ganja) – Conviction challenged on grounds of procedural lapses and non-compliance with Section 52A NDPS Act – Trial Court failed to present primary evidence in form of certified inventory, photographs, and list of samples – Seized contraband not physic...
Criminal Law – Conviction – Appeal – Validity of Evidence – Appellant convicted for repeated rape and criminal intimidation of step-daughter, aged 12, leading to pregnancy – Defense argued on grounds of improbable prosecution narrative, unreliable evidence, delay in FIR, and manipulated documents – Prosecution relied on consistent and corroborated testimonies, m...
Criminal Law – Abetment to Suicide – Petition for quashing FIR for abetment to suicide under Section 306 IPC. Petitioner accused of harassing and blackmailing the deceased, leading to his suicide. Suicide note recovered implicating the petitioner. Held, mere demand for repayment of a loan does not amount to abetment, but combined with harassment, blackmail, and threats, it can compel a...
Criminal Law – Bail Application – Rape Allegations: Petition filed under Section 439 Cr.P.C. seeking bail in a case registered under Section 376 IPC. The petitioner allegedly committed sexual assault on the prosecutrix under the false promise of marriage. The trial court denied bail, and the petitioner approached the High Court.
Prima Facie Evidence – Consent and Mis...
Criminal Procedure Code – Section 145 Cr.P.C. – Opportunity of Hearing – Proceedings under Section 145 Cr.P.C. initiated without proper notice and opportunity to the petitioners – Orders passed in violation of principles of natural justice – Proceedings quashed [Paras 1-14].
Criminal Procedure Code – Section 146 Cr.P.C. – Attachment of Propert...
Criminal Law – Bail – Section 302 IPC – Speedy Trial and Delay – Petitioners, accused of causing the death of Manpreet Kaur by running a car over her, sought bail after nearly three years in custody – The prosecution’s case faced challenges due to delays in trial, with only 11 out of 32 witnesses examined – Held, given the prolonged pre-trial detention and...
Constitutional Law – Right to Life and Liberty – Couple Seeking Protection – Petitioners, a married couple, approached the court seeking protection from threats posed by family members opposing their marriage – Held, the right to choose a partner is protected under Articles 14 and 21 of the Constitution – Court emphasized the duty of the state to ensure the protection...