Dowry Prohibition Act – Conviction under Section 4 – Petitioner convicted for demanding dowry from his wife and her family, including Maruti car, color TV, and fridge – Trial court sentenced him to 6 months’ simple imprisonment and a fine of Rs. 5,000 – Appellate court upheld the conviction but modified the default sentence to one month’s imprisonment [Paras 1-2...
Criminal Law – Bail – Applications for bail under Section 439 Cr.P.C. – Allegations of forgery and conspiracy involving false sale deeds – Accused persons include a former Computer Operator and an Advocate – No incriminating material recovered from accused’s possession – Charge-sheet filed, no requirement for further custodial interrogation – Bail gr...
Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...
Criminal Law – Murder Conviction – Eyewitness Testimony – Appellant convicted for murder under Section 302 IPC – Informant, Sonmuni Baskey, provided direct eyewitness testimony – Conviction upheld despite the lack of motive and the non-submission of the weapon to forensic analysis – Court found no discrepancy in the identification of the accused despite poor lig...
Criminal Law – Dying Declaration – Appellants convicted based on dying declarations of deceased – Two dying declarations recorded, first by police in presence of doctor, second under Section 164 Cr.P.C. by Judicial Magistrate – Court scrutinized consistency and voluntariness of statements – Found statements reliable and made in fit state of mind – Deceased consi...
Negotiable Instruments Act – Bail Conditions – Revisionist challenged the order directing him to deposit 20% of the fine amount for bail – Contention that the deposit is not mandatory but directory – Additional Sessions Judge’s order considered lawful and not mechanical – Revision dismissed [Paras 1-16].
Section 148 of the Negotiable Instruments Act...
Criminal Procedure – Reinvestigation Authority – Magistrate directed reinvestigation of a road accident case after closure report was accepted – Petition contended lack of jurisdiction under J&K Cr.P.C. to order reinvestigation – High Court held Magistrate can only direct further investigation, not reinvestigation – Orders directing reinvestigation set aside [Para...
Food Adulteration – Conviction and Sentence – Petitioner, an employee of M/s M.K. Oil & Flour Mill, convicted for selling adulterated mustard oil – Case initiated after mustard oil sample collected by A.C.M.O.H. found adulterated with rice bran oil by Public Analyst – Trial Court sentenced petitioner to 3 years rigorous imprisonment and Rs. 5,000 fine, in default furthe...
Criminal Law – Sexual Assault – Conviction under Section 354B IPC and Section 10 of POCSO Act – Appeal against conviction by the Trial Court – Accused argued lack of medical evidence of penetrative assault, investigation lapses including failure to seize mobile phone showing obscene images to the victim – Court upheld conviction, citing consistent testimony of the vic...
Criminal Law – Inclusion of POCSO Charges – Petitioner challenged the rejection of her application for addition of Section 12 of the POCSO Act – Case initially filed under Sections 363 and 366A IPC for enticement of minor daughter – Trial Court dismissed inclusion of POCSO charges citing lack of sufficient material – High Court upheld the dismissal, confirming no evid...