Sexual Harassment – Internal Complaints Committee (ICC) – Appellant challenged the fact-finding report and second show-cause notice issued by the ICC, leading to his dismissal – Court upheld the ICC's procedures, stating no violation of natural justice principles – ICC's findings treated as those of an inquiry authority under the Vishaka guidelines and subsequent le...
Criminal Procedure – Bail Conditions – Imposition of Unusual Conditions – Petitioner released on bail with condition to deposit passport – Petitioner did not possess passport – Trial Court failed to consider affidavit and investigating officer’s statement confirming non-possession – Trial Court directed Petitioner to deposit passport within four months, im...
Criminal Law – Abetment to Suicide – Appeal against the acquittal – Respondents acquitted by the Additional Sessions Judge, Fast Track Court No.5, Jamnagar – Allegations of mental and physical torture leading to suicide of the victim by burning – Dying declaration and witness testimonies considered – High Court upheld the acquittal, finding no manifest illegalit...
Anticipatory Bail – Dowry Death – Petitioners seeking anticipatory bail under Section 438 of Cr.P.C. – Allegations of dowry harassment leading to suicide – Petitioners A.4 and A.5, relatives of A.1 (husband) – Petitioners assert no involvement in marital disputes or the alleged harassment – Opposed by Prosecution on grounds of ongoing investigation – Court...
Criminal Law – Rape and Cheating – Appellant convicted for rape under the pretext of false promise of marriage – Trial court’s judgment affirmed by High Court – Appellant argued that the prosecutrix knew he was married and that her consent was not obtained under misconception – High Court emphasized the absence of evidence proving misconception or coercion [Para...
Counterfeit Currency – Acquittal Appeal – State appealed against the acquittal of accused charged with possession and trafficking of counterfeit currency under IPC Sections 489(A), (B), (C), and (D) – High Court upheld the trial court's judgment acquitting the accused – Emphasized the requirement of mens rea and the prosecution's failure to establish knowledge of co...
Hostile Witnesses – Evidentiary Value – Reliance on Admissible Portion – The Court held that the evidence of a hostile witness cannot be discarded entirely and must be considered with due care. The admissible portion of PW-5’s testimony, corroborated by other reliable witnesses, indicated that the appellants had kidnapped the deceased. [Paras 9-10, 12-14].
Circ...
Murder and Destruction of Evidence – Acquittal Appeal – State challenged acquittal of accused for murder and destruction of evidence – High Court upheld acquittal, noting lack of evidence connecting accused to the crime – Focused on the absence of credible material proving involvement in the murder or subsequent destruction of evidence [Paras 1-15].
Evidence an...
Murder and Dying Declaration – Acquittal Appeal – State challenged acquittal of accused for murder under IPC Section 302 – High Court upheld acquittal, citing lack of credible evidence and discrepancies in witness testimonies – Emphasized necessity of clear evidence to overturn acquittal [Paras 1-13].
Evidence and Witness Testimony – Prosecution's Fai...
Prevention of Corruption – Acquittal Appeal – State challenged acquittal of accused for offences under the Prevention of Corruption Act – High Court upheld acquittal, noting discrepancies in prosecution's case and lack of credible evidence against respondent No.2 – Highlighted importance of consistency and corroboration in evidence for conviction [Paras 1-13].
Eviden...