Anticipatory Bail – Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 – Scope Expanded – The applicants filed for anticipatory bail under Section 482 of the BNSS, 2023, in connection with accusations under Sections 451, 394/34 of IPC – Held: The scope of anticipatory bail has been expanded compared to the earlier provision under Section 438 of the CrPC, 1973, removing g...
Criminal Procedure – Acquittal – Victim's Right to Appeal – The petitioner, a de facto complainant, challenged the acquittal of the accused under various sections of the IPC, arguing that as a "victim" under Section 2(wa) of the CrPC, he had the right to appeal – The Sessions Judge dismissed the appeal on the ground that the petitioner could not be termed a &#...
Dowry Death – Acquittal – Lack of Evidence of Unnatural Death – Appeal Dismissed – The trial court acquitted the accused of dowry death charges under Section 304-B IPC, as the prosecution failed to establish that the deceased’s death was unnatural – The High Court upheld the acquittal, noting that no post-mortem was conducted and there was no substantial evidenc...
Dying Declaration – Reliability – Section 302 IPC – Conviction Set Aside – The appellants were convicted based on a dying declaration – The court found several inconsistencies and procedural lapses in recording the dying declaration, including the absence of certification of the victim's mental fitness by a doctor and a lack of preliminary questions to assess the ...
Bail Application – Prolonged Custody – Delay in Trial – Bail Granted – The Applicant sought release on bail in a murder conspiracy case, citing his custody since January 2020 and the slow progress of the trial, with over 70 witnesses yet to be examined. The trial was proceeding slowly due to limited availability of the Sessions Judge and the complexity of the case – H...
Criminal Law – Conviction Based on DNA Evidence – Chain of Custody Compromised – The Appellant challenged his conviction for sexual offences under the POCSO Act and IPC, arguing that the DNA evidence used to convict him was unreliable due to improper handling of samples and a failure to maintain the chain of custody – The prosecution's case relied heavily on DNA reports...
Criminal Law – Appeal Against Acquittal – Acquittal Upheld – Sections 406, 420, 411, and 120-B IPC – The State appealed against the acquittal of the accused, who were charged with misappropriation of cement bags supplied for government construction work – The Trial Court convicted the accused, but the Appellate Court acquitted them, holding that the prosecution had no...
Criminal Law - Quashing of Proceedings – Section 188 IPC – Absence of Written Complaint by Public Servant – Proceedings Quashed - The petitioners were charged under Section 188 IPC for allegedly obstructing a police officer’s duty. The Court held that cognizance under Section 188 IPC requires a written complaint from the public servant as per Section 195(1)(a) CrPC. Since n...
Motor Accident Claim – Compensation Award under Section 163-A – Appellant Insurance Company contended that the Tribunal incorrectly applied the amended Section 164, which came into effect after the date of the accident – Court observed that the amended provision was applied erroneously, but the compensation amount under Sections 163-A and 164 remains the same – The award am...
Criminal Law – Murder Conviction – Appellant, Mauje Lal Sahani, convicted for the murder of Munna Singh (deceased) inside Motihari central jail – Trial court sentenced him to life imprisonment for offenses under Sections 302/34 IPC, 307/34 IPC, Section 27 of the Arms Act, and Sections 3 and 4 of the Explosive Substances Act – Conviction challenged on grounds of inconsistent...