Criminal Law – Culpable Homicide – Appellant convicted under Section 304(1) IPC for causing the death of Krishna Pada Rajak by stabbing with a spear – Trial court’s judgment upheld by High Court – Evidence included eyewitness testimonies and a dying declaration – Defence’s argument on discrepancies in witness testimonies and the admissibility of the dying ...
Bail under NDPS Act – Intermediate Quantity – Applicability of Section 37 Rigors - The applicant, arrested with 46.23 grams of heroin, claimed that the contraband did not fall under "commercial quantity" and hence did not trigger Section 37’s stringent conditions of the NDPS Act – Court held that since the seized quantity was intermediate, the strictures of Sectio...
Criminal Law – Bail Application under Section 439 Cr.P.C. – Petitioner (accused No. 3) sought bail in a case involving allegations under the Dowry Prohibition Act and IPC, including dowry harassment, assault, and abetment of sexual assault by the father-in-law (accused No. 2) – Petitioner argued false implication, delay in filing FIR, and absence of injuries as reasons for bail [...
Bail Appeal – Section 14(A)(2) SC/ST (POA) Act – Appellants, accused of abusing the defacto complainant using caste name and criminal intimidation, sought bail after being in custody for over 28 days – Special Court's order denying bail set aside – Court considered absence of previous criminal antecedents and lack of communal tension as reasons for granting bail [Paras ...
Domestic Violence – Residence Order – Petitioner, an elderly woman, sought protection under the PWDV Act to continue residing in her shared household – Magistrate granted residence order – Respondents, including petitioner’s son and daughter-in-law, contested citing financial liabilities and a previous tribunal order for alternative accommodation – Sessions Cour...
Criminal Law – Corruption – Proof of Demand – Demand Not Established – The respondent, a clerk in SRP Group 11, was acquitted by the Trial Court of charges under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act – The prosecution alleged that the respondent demanded ₹200 from the complainant to process his pay and leave records – The Trial Co...
Criminal Law – Conviction under Sections 420, 323, 341 IPC affirmed – Challenge in High Court against appellate court’s decision maintaining trial court’s conviction of the accused for cheating, causing hurt, and wrongful restraint – The court examined the credibility of the evidence, including the accused’s role in inducing the complainant to invest in a fraudu...
Criminal Law – Rape Allegation – Prima Facie Evidence for Charge Framing – The State argued that the Trial Court erred by discharging the accused, despite statements from the victim suggesting lack of consent – High Court held that at the charge-framing stage, courts need only ascertain prima facie evidence rather than engage in credibility assessments – Held: Victim&...
Murder Trial – Circumstantial Evidence – Acquittal Upheld - The State appealed against the trial court’s acquittal of Kamal Bahadur, contending that circumstantial evidence and witness testimonies supported conviction – The court reviewed the evidence, including alleged bloodstains on the accused's clothing and witness statements, which were found insufficient...
Criminal Writ - Preventive Detention – Legality of Repeated Detention on Identical Grounds – Appellant contested the detention order dated 23.02.2024, arguing it was based on grounds identical to those in a prior detention order quashed by the court – Held: Issuing a fresh detention order on the same grounds previously quashed lacks legal basis unless fresh, substantial grounds a...