Probate – Validity of Will – Suspicious Circumstances – Will Upheld – Appellant-objector (son of testator) challenged probate granted to respondent no. 1 alleging that the testator had already sold the property via documents dated 30.04.1998 – Trial court found Will dated 14.09.1998 valid and genuine – Appellant failed to prove due execution or consideration of ...
Criminal Law – Rape/POCSO – Appreciation of Evidence – Sole Testimony of Prosecutrix – Grandfather accused of raping minor granddaughter – FIR lodged after 21 days delay – Victim claimed she was threatened but did not disclose this in Section 164 statement – Incident allegedly occurred in daylight in a populated area, yet no alarm raised – Held: Whil...
Bail – Attempt to Murder – KCOCA – Bail rejected for Accused Nos.3 and 4 – Petitioners alleged to have assaulted CW.2 with deadly weapons causing grievous injuries – Seizure of blood-stained dagger and cricket bat from petitioners confirmed by FSL report – CCTV footage corroborates incident – Petitioners involved in multiple prior criminal cases and are re...
Criminal Procedure – Direction to File Challan – Trial Court’s Power – Section 193 and 319 Cr.P.C. – Trial Court while convicting co-accused in FIR No. 381 of 2010 directed the Home Secretary and D.G., CID Vigilance to file challan against DSP Veer Singh and three constables within two months – Held: Such directions could not be issued post-trial without recours...
Criminal Law – Bail - PMLA – Scheduled Offence – Gambling vs. Cheating – Applicant argued gambling is not a scheduled offence – Held: While gambling is not scheduled, the act of obtaining KYC documents from victims by promising jobs (Cheating - S. 318 BNS) and using them to open bank accounts (Forgery - S. 338, 340 BNS) constitutes scheduled offences – The crimi...
Criminal Law – Section 498A IPC – Applicability to Void Marriages and Live-In Relationships – Petitioner contended that Respondent No. 2 could not claim protection under Section 498A as the marriage was void owing to his subsisting marriage with another woman – Held: Section 498A covers not only legally valid marriages but also void or voidable marriages and relationships i...
Anticipatory Bail – Sexual Offences Against Minor – Repeated Assault and Blackmail – Custodial Interrogation Required – Application Rejected – FIR alleged repeated sexual assault of a minor girl between 2023–2025, facilitated by threats using secretly recorded videos and conspiracy with a co-accused – FIR supported by CDR data, municipal records, and victi...
Criminal Law – Murder – Eyewitness Testimony – Acquittal Upheld – Sole eyewitness was the mother of deceased who claimed to have witnessed the incident from close proximity – Trial Court disbelieved her version due to inconsistencies, absence of prompt statement, and lack of corroboration – High Court found no illegality or perversity in Trial Court’s reas...
Criminal Law – Rape of Minor – Conviction Upheld – Appellant convicted under Section 376 IPC for raping a 14-year-old girl in her bathroom during early hours of the morning – Testimony of prosecutrix consistent and corroborated by medical and forensic evidence – Birth records and witness statements proved she was below 16 years – Held: Conviction sustainable as ...
Criminal Law – Maintainability of Second Application under Section 482 CrPC – Earlier application challenging summoning order and entire proceedings was withdrawn to pursue remedy of discharge – Trial Court dismissed discharge application as not maintainable in complaint case – Held: Second application maintainable due to change in circumstances – First application no...