Preventive Detention – Subjective Satisfaction – Likelihood of Bail – Non-Application of Mind – Detention order passed on ground that petitioner was taking steps to secure bail for detenu and that in a similar case bail had been granted by High Court – Statement produced to show steps for bail was unsigned and undated – No material to establish likelihood of imm...
Criminal Law – Bail – Illegal Detention – Applicant allegedly detained by police from 14/15.09.2025 but formal arrest shown on 17.09.2025 – Sister of applicant filed application before CJM complaining of illegal custody – Police failed to produce CCTV footage of police station despite repeated judicial directions – Held: Detention of applicant prior to formal ar...
Criminal Procedure – Quashing of FIR – Allegation of Multiple FIRs – Petition under Section 528 BNSS read with Article 227 of the Constitution seeking quashing of FIR registered at Kohima North Police Station on ground that earlier FIR on same transaction had already been registered at Hare Street Police Station, Kolkata – Petitioners contended that continuation of second F...
Constitution of India – Article 32 – Right to Speedy Justice – Petition by victim’s legal heir alleging prolonged delay in pronouncement of judgment in criminal revisions pending before High Court – Judgment reserved in revisions since 05.02.2020 but not pronounced – Consequential stay stalled trial arising out of murder case of 1994 – Held: Although Supre...
Criminal Law – Rape and Gang Rape – Sole Testimony of Prosecutrix – Conviction can rest solely on testimony of prosecutrix if of sterling quality – Where testimony suffers from material contradictions, improvements and inconsistencies going to root of prosecution case, Court must seek corroboration – Failure to meet standard laid down in Rai Sandeep v. State (NCT of D...
Criminal Law – Private Complaint – Return of Complaint – Postal Address of Accused – Complaint alleging cyber defamation and online harassment returned by Magistrate for non-furnishing of accused’s postal address – Held: BNSS does not mandate furnishing of postal address as condition precedent for entertaining complaint – Complaint may be filed even agains...
Criminal Law – Grievous Hurt – Dangerous Weapon – Scope of Section 326 IPC – Petitioners convicted under Section 326/34 IPC for assaulting victim with bamboo stick and iron rod resulting in fracture at right elbow – Courts below held fracture proved by medical evidence and X-ray report – High Court held that though fracture attracts “grievous hurt” u...
Criminal Law – Acid Attack – Double Death – Conviction under Sections 304, 326-A and 452 IPC – Appellant poured sulphuric acid on mother and daughter-in-law at 2:00 AM causing extensive ante-mortem deep burn injuries – Both victims died due to septicaemic shock resulting from acid burns – Ocular testimony of P.W.-1 and P.W.-2 found natural and trustworthy &ndash...
Criminal Revision – Quashing of Proceedings – Alleged Forgery of Vouchers and Cheques in R&D Project – Charge-sheet based on disputed handwriting and encashment of cheques – Handwriting expert repeatedly opined inability to fix authorship of disputed writings qua petitioner – Witnesses admitted handing over withdrawn amounts to another person (Debashis Shome) &nda...
Criminal Law – Receiving Stolen Property – Section 411 IPC – Possession of 26 stolen motorcycles including 3 in subject case – Independent mediator (PW4) deposed regarding apprehension of accused and recovery – No explanation offered by accused for possession – Presumption under Section 114 Illustration (a) Evidence Act attracted – Conviction upheld [Paras...