Criminal Law - Petitioner's Arrest and Prosecution – Seizure of foreign liquor leading to petitioner’s arrest – Allegation of unlawful possession, storage, and non-payment of duty – Raid by Bidhannagar Excise Department on 31.10.2018 – Prosecution under Bengal Excise Act, 1909 and West Bengal (Foreign Liquor) Rules, 1998. [Paras 5-7, 15]
Defense of the Petition...
Criminal Law - Arrest and Detention - Illegality and Non-Compliance with Statutory Provisions - The High Court of Bombay examined the legality of the arrest and detention of the petitioners, Chanda Deepak Kochhar and Deepak Virendra Kochhar, under the Code of Criminal Procedure (Cr.P.C.), in light of the statutory requirements of Sections 41, 41-A, and 60-A, and constitutional protections. The Cou...
Circumstantial evidence - Conviction based on circumstantial evidence - Principles - The circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established - The circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused - The circumstances taken cumulatively should form a chain so complete that there is no escape f...
Conviction for Murder – Appellant Usman convicted under Section 302 IPC for murdering his wife by strangulation – Life imprisonment and fine imposed – Child witness testimony crucial [Paras 2, 8, 18, 42-46, 50]
Child Witness – Evidence of son (P.W. 2), aged 6-7, asserting that appellant killed his mother by pressing a pillow on her mouth and using a rope for strangulatio...
Corruption and Falsification of Accounts – Insufficient Evidence – Appellant, a public servant, was convicted for offences under Section 13(1)(d)(ii) read with Section 15 of the PC Act and Section 477A of IPC – Alleged manipulation of records and wrongful gain not supported by material evidence – Investigation revealed no criminal charges against the appellant – Convi...
Criminal Law – Common Intention – Section 34 IPC – Appellants Sanjay Puran Bagde and Rajratna @ Nandu Bagde were convicted for holding the deceased while co-accused Manoj Puran Bagde and Puran Sakharam Bagde assaulted the deceased with axes – High Court reversed the trial court's acquittal, finding common intention based on their participation and presence at the crime ...
Criminal Law – Reversal of Acquittal – Evidence Assessment – High Court reversed the acquittal of the appellants, convicting them under Section 302 read with Section 34 of IPC based on the testimony of an eyewitness (P.W.2) and the recovery of incriminating items – Supreme Court emphasized the importance of corroborating evidence and the credibility of witnesses, especially...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Proceedings – High Court considered the application for quashing the criminal proceedings against the applicants under Sections 153 and 506 of the Indian Penal Code. The applicants were accused of raising objectionable slogans and threatening people in a religious gathering. [Para 2, 3, 13]
Allegations and Inv...
Summoning - Drugs and Cosmetics Act, 1940, Section 28 - Code of Criminal Procedure, 1973, Sections 468, 469 - Offence punishable under - Maximum punishment - Imposition of sentence - Scope of - Whether, in a case where an offence is punishable under Section 28 of the Drugs Act with a maximum imprisonment for a term of one year, the Court can take cognizance of the offence beyond the period of limi...
Criminal Trial – Scope of Evidence – Charge Framing – IPC Sections 302 and 304 Part II:
The Supreme Court ruled that the prosecution can lead evidence only according to the charge framed by the trial court. Once a lesser charge is framed, the prosecution cannot introduce evidence beyond that charge. In this case, the trial court discharged the accused from the offence under Se...