Criminal Law – Murder – Conviction Upheld - Dying Declaration – Admissibility and Evidentiary Value – The conviction was primarily based on the dying declaration of the deceased, Munish Kumar, implicating the appellant for stabbing him. The appellant questioned the reliability of the dying declaration on the grounds that the doctor who declared the deceased fit to make a st...
Criminal Law – Abetment to Suicide – Acquittal – Alleged dowry harassment leading to suicide of the respondent’s wife – Trial court acquitted the respondent due to failure of prosecution to establish guilt beyond reasonable doubt – High Court upheld the acquittal, emphasizing the lack of credible and direct evidence, inconsistencies in witness testimonies, and a...
Criminal Law - Acquittal for Murder - Government Appeal against trial court’s judgment acquitting accused of murder charges under Section 302/34 IPC - Trial court convicted accused for causing simple injuries under Section 323/34 IPC - Prosecution alleged that accused snatched a one-year-old child from her mother's lap and threw her on the ground, leading to her death - Post-mortem repor...
Criminal Law – Acquittal in Murder Case – Section 302 IPC – Appeal Against Acquittal Allowed – The trial court acquitted the accused based on alibi and lack of motive, finding the prosecution's evidence insufficient – The High Court, upon re-evaluating the testimonies and the material evidence, including the recovery of the weapon, held that the trial court erred ...
Aggravated Penetrative Sexual Assault – Section 5(m) and 5(n) POCSO Act – Conviction Upheld - The appellant, convicted for committing aggravated penetrative sexual assault on his 8-year-old granddaughter, challenged the trial court’s judgment. The High Court upheld the conviction, finding that the evidence of the victim girl, supported by medical testimony, conclusively proved th...
Criminal Law – Murder Conviction – Evidence of Eyewitnesses Corroborated – Appeal Dismissed – The appellant was convicted for the murder of Soman, following a physical altercation where the appellant inflicted fatal stab wounds – The Court upheld the conviction, placing reliance on the consistent testimonies of PWs 1 to 3 (family of the deceased) and corroborative evi...
NDPS Act – Commercial Quantity – Recovery of 602 gms Heroin – Bail Denied – The petitioner was found in possession of 602 gms of heroin, significantly above the commercial threshold – The Court held that compliance with Section 50 of the NDPS Act was properly executed, and the delay in submitting the contraband to the FSL was not unreasonable [Paras 2-15].
...
Criminal Law – Acquittal – Appellants convicted by the trial court for murder under Sections 147, 148, and 302 read with 149 IPC and sentenced to life imprisonment – High Court examines the reliability of sole eyewitness (P.W. 1) and finds inconsistencies in his testimony, as well as the absence of corroboration from other material witnesses – Confessional statements of acc...
Kidnapping and Gang Rape – Section 363 and 376D RPC – Conflicting Prosecution Versions – Conviction Set Aside – The appellants were convicted of kidnapping and gang rape by the trial court. The appellants challenged the conviction, highlighting contradictions in prosecution witnesses' testimonies, lack of proper evidence to establish the age of the prosecutrix, and the ...
Bail Application – Prolonged Trial – Section 439 CrPC – Bail Granted - The petitioner, in custody since 12/09/2016, filed a second bail application under Section 439 CrPC, after the first bail plea was dismissed. The Court observed that despite the passage of over eight years, only four out of 28 witnesses had been examined, and the trial had been proceeding at a snail's pace...