Parole – Repetition of Petitions – Petitioner sought parole for the daughter’s marriage, previously filed and withdrawn – Concealment of relevant orders – Fresh petition dismissed due to identical cause of action with only a change in marriage date – Petitioner’s conduct deprecable for concealment and repetitive filing [Paras 1-8].
Maintenance...
Criminal Law – Bail – Parity with Co-accused – Petitioners sought regular bail on the grounds of parity with co-accused who were similarly situated and had already been granted bail. The petitioners had been in custody for over a year and there was prima facie evidence connecting them to the offense. However, considering the parity principle, the prolonged incarceration without t...
Criminal Law – Rape Conviction – Appellant convicted for rape and impregnating a minor girl – Trial court sentenced appellant to 12 years R.I. and fines – High Court notes discrepancies in prosecution’s case and victim’s contradictory statements – Victim and her mother retracted accusations, stating pressure from villagers – No substantial evidence p...
Criminal Law – Recall of Witness – Petition challenging the recall of a key witness (PW-2) for re-examination – Respondent sought recall to correct errors and omissions during prior cross-examination conducted by a legal aid counsel – Trial Court’s decision to allow recall upheld – No manifest error in Trial Court’s decision; re-examination deemed necessar...
Criminal Law – Rape Conviction: The appellant was convicted of rape and penetrative sexual assault of his minor cousin, resulting in pregnancy. The trial court sentenced him to rigorous imprisonment for 10 years under Section 376 IPC and 7 years under Section 4 of the POCSO Act. The Himachal Pradesh High Court allowed the appeal, setting aside the conviction due to serious doubts about the p...
Criminal Law – Quashing of FIR – High Court exercises its inherent powers under Section 482 Cr.P.C. to quash FIR No. 42/2015 – Dispute between parties found to be civil in nature – Petitioner alleged to have illegally occupied property despite expired license agreement – Court held no ingredients of cheating or criminal breach of trust established – Criminal pro...
Section 498A IPC – Cruelty by Husband – Petitioner convicted for subjecting his wife to cruelty demanding additional dowry – Trial court sentenced petitioner to 2 years R.I., reduced to 1 year R.I. on appeal – High Court finds prosecution evidence contradictory and insufficient – Petitioner’s conviction set aside and acquitted [Paras 1-20].
Burden o...
Anticipatory Bail - Offenses under Sections 120B, 406, 420 IPC and Trade Marks Act - Custodial Interrogation Not Required - The accused were charged with conspiracy, cheating, and breach of trust involving the development and delivery of software. The court found no necessity for custodial interrogation, considering that the first accused was already granted anticipatory bail. Petitioners were gra...
Criminal Law - Quashing of FIR – Absence of Specific Allegations – Investigation Necessity – Appellant’s complaints centered on family disputes and alleged forced execution of property gift deeds to family members – Supreme Court found complaints lacked specific allegations against certain respondents (4th and 5th), noting that vague claims and considerable delay in f...
Criminal Procedure – DNA Test Order – Application under Section 482 Cr.P.C. challenging the trial court's order for DNA testing to ascertain paternity in a maintenance claim under Section 125 Cr.P.C. – Applicant argued against the legality of forced DNA testing without consent – Court upheld the order emphasizing that DNA testing is necessary to establish truth in pater...