Juvenility Claim – Application Filed After Final Conviction – Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 – Claim Accepted - The applicant, convicted for offences under Sections 302, 307, and 34 IPC, filed an application seeking release on the ground of juvenility at the time of the offence. The Supreme Court held that a claim of juvenility can be r...
Criminal Law - Murder – Circumstantial Evidence – Section 302 read with Section 34 IPC – Conviction Modified for 1st Accused - The appellants were convicted for murder under Section 302 IPC. The Court, relying on circumstantial evidence, concluded that the 1st accused caused the death of the deceased by inflicting fatal stab injuries. However, the Court observed that the act of t...
Discharge Petition – Criminal Conspiracy and Forgery – The petitioner, who was charged under Sections 120(B), 465, 468, 471, 472, 420 read with 34 of the IPC, sought discharge from the charges, arguing that the investigation was improperly conducted and that key documents were not subjected to forensic examination – Held: The court found that for the charge of conspiracy, direct ...
Criminal Law – Murder Conviction – Appellant convicted for murdering the informant’s wife by stabbing her with a “Bhujali” – Trial court’s judgment affirmed – Appellant sentenced to life imprisonment and a fine – Court addresses the evidentiary value of dying declarations and corroborative testimonies [Paras 1-24].
Dying Declaratio...
Criminal Procedure – Cross-Examination of Prosecution Witnesses – Section 231(2) CrPC – Petition for deferral of cross-examination – Allowed – The petitioners requested deferral of cross-examination of PW-1 until the examination-in-chief of CSW-2 and CSW-3 was completed, citing concerns about disclosure of the defence strategy as the witnesses were related – The...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by pouring kerosene on her and setting her on fire – Trial court’s judgment affirmed by High Court – Dying declarations found to be consistent and reliable, pointing to the appellant’s guilt – No exceptions under Section 300 IPC applicable – Appeal dismissed, conviction...
Criminal Law – Quashing of Charges – Proceedings under SC/ST Act – Compromise between Parties – Application under Section 482 Cr.P.C. filed to quash the charge sheet and entire proceedings of S.T. No.130 of 2022 under Sections 504, 506, 323 IPC and Sections 3(1)(da), 3(1)(dha) of SC/ST Act – Case based on a compromise between the parties – Opposite party no. 2, ...
Appeal Against Acquittal – Sections 376/511 IPC – Acquittal Upheld - The State filed a leave petition challenging the acquittal of the respondents in a case of attempted rape under Sections 376/511 IPC. The High Court upheld the acquittal, noting that the prosecutrix had retracted her initial complaint during cross-examination, stating that the complaint was filed due to a rent dispute...
Criminal Law – Bail under UAPA – Prolonged Incarceration – Bail Granted – The appellant, accused of involvement in a terrorist act and possession of explosives, was in custody for over two years – The Court observed that no substantial evidence beyond the statement of a co-accused was presented to link the appellant to the offences – Held: Given the prolonged cu...
Termination of Pregnancy – Minor Rape Victim – Right to Personal Liberty – Petition Allowed - The petitioner, a minor girl aged 14, who was a victim of rape, sought termination of her 28-week pregnancy. The Court, recognizing the mental and physical trauma associated with the continuation of the pregnancy, granted permission for termination. The Court held that forcing the petiti...