Criminal Law – Dacoity with Murder – Section 396 IPC – Appellants convicted for committing dacoity at house of Pohap Singh during intervening night – One Summera died due to firearm injuries and nine persons sustained injuries – FIR promptly lodged naming five appellants and one Kunji along with six unknown persons – Trial Court convicted appellants – High...
Penal Code, 1860 – S. 376 – Protection of Children from Sexual Offences Act, 2012 – Ss. 3, 4 – Rape of 8-year-old child – Medical opinion vs. Legal definition – The appellant was convicted for house trespass and rape of a minor – The defense contended that the medical officer (PW-9) opined only an "attempt" to have sexual intercourse was made, th...
Criminal Law – Appeal Against Acquittal – Victim’s Right to Appeal – Application under Section 378(4) Cr.P.C. seeking leave to appeal against acquittal in complaint case under Sections 323, 324, 341, 506, 148, 149, 34 and 120-B IPC – In view of Supreme Court judgment in M/s Celestium Financial vs. A. Gnanasekaran, holding that a victim has an unconditional statutory r...
Criminal Law - Quashing – Non-Bailable Warrants during Investigation – Scope of Magistrate’s Power – FIR under Sections 376, 420, 506 IPC – Petitioner arrested but escaped from police custody after allegedly attacking police party – Application moved for issuance of arrest warrants – Magistrate issued warrants and later non-bailable warrants – Held: ...
Prevention of Money Laundering Act, 2002 – Quashing of Process – Nexus with Proceeds of Crime – Property purchased between 2005-2007 – Alleged proceeds of crime generated between December 2020 and February 2021 – No material showing connection between earlier acquisition and scheduled offence – Held: Existence of “proceeds of crime” is sine qua non f...
Bail – Rape on False Promise of Marriage – Section 376 IPC and Section 69 BNS – Long-standing relationship between parties since 2018 – Allegations that physical relations were established on repeated assurances of marriage and representations that kundalis had matched – Subsequent refusal to marry on ground of non-matching of kundalis – Earlier complaint withdr...
Criminal Law – Quashing of Proceedings – Parity with Co-Accused – Petitioner (Accused No.14) absconded during trial – Co-accused (Accused Nos.1-13, 15-21) tried and acquitted on 30.08.2025 – Trial Court held prosecution failed to prove conspiracy, motive, presence and recovery – Independent witnesses turned hostile – No cogent, coherent or convincing evide...
Criminal Law – Civil Dispute Given Criminal Colour – Alleged Forged Gift Deed – Appellant accused of forging notarized gift deed and transferring landed property of respondent-complainant – Investigation did not send admitted signatures for expert comparison – Dispute essentially arising out of property transactions between brothers – Held: Prima facie dispute b...
Criminal Law – Quashing of FIR - Prevention of Insults to National Honour Act, 1971 – Section 2 – Essential Ingredients – Statutory provision penalizes burning, mutilating, defacing, trampling upon or otherwise showing disrespect to the National Flag in public view – Explanation 4 clarifies instances of “disrespect” including allowing the Flag to touch the...
Criminal Law – Quashing - Bharatiya Nyaya Sanhita, 2023 – Section 69 – Sexual Intercourse on False Promise of Marriage – Accused married man allegedly concealed marital status and induced victim through social media – Repeated sexual relations resulting in pregnancy – Allegation of deceit from inception – Held: Prima facie ingredients of Section 69 BNS dis...