Criminal Law – Gang Rape Conviction – Acquittal – Appellants convicted under Sections 376D, 458, and 352 of IPC for gang rape and trespass – Trial court sentenced each appellant to 27 years’ rigorous imprisonment under Section 376D, 10 years under Section 458, and 3 months under Section 352, IPC – On appeal, Gauhati High Court finds prosecution’s case ridd...
Facts:
Ghanshyam Upadhyay, the petitioner, relied on a newspaper report to make allegations against two members of the Commission of Inquiry constituted to investigate the 'Vikas Dubey' encounter case. He contended that the Chairman and a Member of the Commission had held high Constitutional positions and had relatives involved with the party in power and law enforcement agencies.
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Facts:
The prosecution alleged that the victim-complainant was accosted by three boys armed with weapons, who extorted Rs. 30,000/- from him.
The police apprehended all three accused, and they confessed to committing the robbery.
The Trial Court found all three accused guilty of robbery with an attempt to cause grievous hurt and sentenced them accordingly.
The High Court dismissed the ...
Facts:
In the present case, a Contemnor, who is an advocate, made reckless and scandalous allegations against the Supreme Court in tweets and a press statement. The Court initiated suo motu proceedings against him. The Contemnor was granted time to submit an unconditional apology, but instead, he reiterated his statements in a supplementary statement, claiming that his tweets were in the publi...
Facts:
The case involved conflicting opinions from different two-Judge Benches of the Supreme Court. In the case of Mohan Lal, it was held that when the informant is also the investigator, the trial is vitiated, and the accused is entitled to acquittal. However, in the subsequent case of Varinder Kumar, it was observed that the law laid down in Mohan Lal should apply prospectively and not affe...
Facts:
The court had previously issued directions in SLP(Crl) no. 2302 of 2017, instructing the Administrators of the Union Territory, State Governments, and other Central Agencies to effectively implement the use of photography and videography at crime scenes. Compliance Affidavits and Action Taken Reports were filed by 14 States, but they failed to provide precise information about the positi...
Facts:
The case pertains to a dowry death where the wife died under suspicious circumstances within seven years of marriage. The husband, father-in-law, and mother-in-law were accused of causing her death due to cruelty and harassment related to dowry demands. The trial court acquitted the appellants, but the High Court reversed the acquittal and convicted them.
Issues:
Whether the ing...
Facts:
The appellant, Chaman Lal, was accused of committing rape and criminal intimidation against his own daughter, who was mentally challenged. The victim used to go to the jungle to graze goats and cattle when the appellant allegedly forced himself upon her during these visits. A First Information Report (FIR) was filed against Chaman Lal, charging him under Sections 376 (rape) and 506 (cri...
Facts:
The Magistrate suo motu directed the registration of an FIR for illegal mining, storage, and transportation of minerals. The private appellants filed applications to quash the FIRs for offenses under Sections 379, 414 of the IPC, Sections 4, 21 of the MMDR Act, and Rule 18 of the 2006 Rules. The High Court dismissed their applications.
Issues:
Whether the bar under Section 22 ...
Criminal Law - Attempt to Murder – Conviction under Section 307 IPC – Modification to Section 326 IPC – Appellants’ Conviction Partially Reduced – The appellants, Sugreev and Ghanshyam, were convicted under Section 307 IPC for causing grievous injuries by firearm to the complainant and his father – Held: The injuries inflicted by Sugreev were on non-vital parts ...