Money Laundering – Discharge Application – Prima Facie Case Established – The petitioner, a trustee of the All India Overseas Bank Employees Union Trust, sought discharge from a money laundering case under the PMLA, contending no involvement in the administration of the trust's funds. The Court held that the allegations, including siphoning of funds from union members and pro...
Criminal Law – NDPS Act – Compliance with Section 50 – Search and Recovery Validated – The appellant was convicted for possession of 0.4 grams of LSD, found in 30 square-shaped pieces. The appellant argued that the mandatory provisions under Section 50 of the NDPS Act were violated, particularly that he was not informed about his right to be searched before a Gazetted Offic...
Criminal Law – Murder Conviction – Reduction of Sentence – Appellants convicted for murder under Section 302 read with Section 34 IPC for stabbing the deceased with a knife – Trial court sentenced them to life imprisonment – High Court upheld the conviction and sentence – Supreme Court finds that the incident occurred in a sudden quarrel and there was no premedi...
Criminal Law - Externment Proceedings – Scope of Judicial Review – Section 47 of Delhi Police Act – The petitioner challenged an externment order issued under Section 47 of the Delhi Police Act for involvement in bootlegging and other criminal activities. The court observed that externment is not a punitive measure but preventive, aimed at ensuring public safety. Judicial review ...
Murder – Criminal Liability – Conviction for Murder under Section 302/34 IPC – Life Imprisonment – The appellants were convicted for the murder of the deceased, who was assaulted with a knife – The primary appellant, Diplal Rai, was found guilty beyond reasonable doubt based on consistent eyewitness accounts from the deceased’s daughters (P.W.-3 and P.W.-5) &nda...
Criminal Law – Conviction Reversal – Acquittal – The appellants were convicted by the High Court for abduction and murder under Sections 364/34 and 302/34 IPC – The Supreme Court reversed this conviction, holding that the High Court erred in overturning the Trial Court's acquittal of two accused (A-6, A-7) – The High Court’s decision lacked proper reasoning ...
Criminal Law - Grievous Hurt – Use of Sharp Weapon – Conviction Upheld – The petitioners were convicted for causing grievous hurt under Section 326 IPC using pick-axes, which inflicted bone-deep injuries – The trial court acquitted the accused based on suspicions around medical evidence, but the appellate court reversed the acquittal – Held: The appellate court correc...
Criminal Law – Possession and Use of Counterfeit Currency – The appellant was convicted under Sections 489B and 489C of IPC for allegedly handing over counterfeit currency notes to the second accused, who then used them to pay for bricks purchased from PW1 – Appellant contended that there was no evidence linking him directly to the possession or transfer of counterfeit notes &nda...
Criminal Law – Conviction for Murder – Appellant convicted under Section 302 IPC for killing his mother-in-law during a quarrel related to his wife's pregnancy – Defense argued that the attack was a result of sudden provocation and there was no premeditation – Court reclassified the offense as culpable homicide not amounting to murder under Section 304 Part I IPC, notin...
Rape – Conviction and Sentence – Section 376 IPC – Appellant convicted and sentenced to 7 years R.I. – Conviction Upheld – Sentence Reduced – The prosecutrix’s testimony was consistent and supported by other witnesses – Minor discrepancies in the statements did not discredit the prosecution’s case – The absence of injuries on the prosecut...