Criminal Law – Rape of Minor – Age Determination – Essential Requirement – Acquittal Upheld – Prosecutrix claimed to be 13 years old but no documentary proof (school record, birth certificate) or medical evidence (bone ossification test) produced by prosecution – Investigating Officer admitted failure to collect age proof – Held: In absence of reliable age...
Maintenance – Section 125 CrPC – Wife Residing Separately – Sufficient Cause Established – Wife ousted from matrimonial home due to cruelty and dowry harassment – Trial Court erred in holding she left without cause – Allegations substantiated by her continued attempts at reconciliation and absence of effort by husband to resume cohabitation – Held: Finding...
Criminal Law - Motor Vehicle Accident – Negligence – No Direct Evidence – Conviction Set Aside – Accused was convicted by Trial and Appellate Courts for rash and negligent driving causing injuries – Revisional Court held that prosecution failed to prove rashness or negligence – Injury location inconsistent with prosecution's version of accident – Convi...
Criminal Law – Cheating – Criminal Breach of Trust – Prevention of Corruption – Recruitment fraud in TRC-ICMR – A1 (Administrative Officer) manipulated recruitment process to secure appointment of his son (A2) – Suppressed A2’s ineligibility, leaked question paper, and altered recruitment procedure – Trial Court convicted A1 and A2 under IPC and PC A...
Criminal Law – Unlawful Assembly – Common Object – Conviction under Section 149 IPC Unsustainable in Absence of Shared Intent – Acquittal Ordered – Appellants convicted along with others for murder under Sections 148, 304 Part I/149 and 323/149 IPC – Trial court applied vicarious liability under Section 149 based on presence at scene – Appellate court held...
Criminal Law – Murder – Rape – House Trespass – Robbery – Circumstantial Evidence – Accused No.1 sentenced to death and Accused No.2 to life imprisonment by trial court for brutal murder of husband and vegetative-state causing injuries to wife following home invasion – Both accused allegedly fled with valuables – Death sentence reference made for con...
Criminal Law – Cognizance – Quashing of Summoning Order – Dispute Related to Temple Management – Complaint alleged encroachment, criminal intimidation, and physical assault by petitioner due to a temple management dispute – Petitioner’s father had been appointed trustee of Kali Mandir by Bihar State Board of Religious Trusts – Prior civil litigation in fav...
Domestic Violence – Delay in Proceedings – Pendency of Case Since 2018 – Petitioner-wife filed complaint under Section 12 of the DV Act on 06.11.2018 – Despite service of notice on 28.05.2019, respondent failed to appear – Trial proceeded ex parte – Respondent appeared only in January 2021 – Interim maintenance of ₹15,000/month awarded but reduced to ₹...
Preventive Detention – Subjective Satisfaction – Validity – Detention order passed under Section 3(2) of MPDA Act against petitioner for causing public disorder and terror – Petitioner challenged order on grounds that prior offences were stale and relied upon improperly – Held: Detention based solely on two recent FIRs and two in-camera statements demonstrating habitu...
Negotiable Instruments Act – Acquittal in Cheque Bounce Case – Appeal Dismissed – Failure to Prove Legally Enforceable Debt – Presumption under Section 139 Not Attracted –
Cheque Dishonour – Alleged Liability – Appellant-complainant filed complaint under Section 138 of the Negotiable Instruments Act alleging dishonour of cheque for ₹24,00,000 issued b...