Sentence – Death Penalty Commuted – Life Imprisonment Without Remission Till Natural Life – Modification by Supreme Court – Appellants convicted for kidnapping, rape and murder of minor victim and destruction of evidence – Trial Court imposed death penalty – High Court commuted death sentence to life imprisonment without possibility of remission till end of natu...
Essential Commodities Act – Conviction under Section 7(1)(a)(ii) – Unauthorised storage of HSD Oil, Kerosene and Fertilizers – Seizure during inspection – Failure to produce licence, documents or stock registers – Prosecution proved seizure and non-compliance with Control Orders – Held: Conviction justified on evidence and statutory presumptions under Sections 1...
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 – Murder vs Culpable Homicide – Section 300 Clause (3) IPC – Deceased sustained 29 ante-mortem injuries including four bone-deep lacerated wounds on parietal and temporal regions – Linear fracture of parietal bone with extradural and subarachnoid haemorrhage – Cause of death coma due to head injury – Repeated blows on vital part with lathis – ...
Habeas Corpus - Preventive Detention – Goonda Act – Non-Supply of Relied Upon Documents – Detention order passed under Section 3 of Karnataka Goonda Act on ground that detenue was habitual offender involved in multiple offences under IPC, NDPS Act and BNS – Only detention order and grounds supplied – Copies of documents relied upon not furnished – Held: Non-supp...
Criminal Law – Murder – Conviction Based on Dying Declaration – Acquittal – Appellant convicted under Section 302 IPC for allegedly setting his wife on fire by pouring kerosene – Conviction based mainly on dying declaration recorded by police officer – High Court found serious infirmities in prosecution case – Held: Conviction unsustainable – Appella...
Criminal Law – Bail – Distinction between cancellation of bail and reversal of bail order – Cancellation under Section 439(2) CrPC based on misuse of liberty – Reversal permissible where bail order ignores relevant material or is based on extraneous considerations – Present case falls in second category – High Court’s order granting bail liable to be set a...
Criminal Law - Customs Act – Section 135(1)(b)(i) – Smuggling of Foreign Watches – Conviction – Large quantity of foreign wrist watches and straps recovered pursuant to secret information – Accused held guilty for knowingly dealing with goods liable to confiscation – Concurrent findings of Trial Court, Appellate Court and High Court affirmed – Held: No per...
Dowry Death – Acquittal – Scope of Appellate Interference – Death by hanging within seven months of marriage – Trial Court acquitted accused under Sections 498-A/304-B/302 IPC – Held: Appellate Court can reappreciate evidence but interference warranted only if view of Trial Court is perverse or wholly unreasonable – If two views possible, acquittal not to be dis...
Criminal Contempt – Forgery and Impersonation in Judicial Proceedings – Filing of Writ Petition and Writ Appeal in Name of Wife without her Knowledge – Attempt to Leave Country in Violation of Court Order – Apology Accepted – Respondent had instituted WP(C) No. 18665/2024 and W.A. No. 942/2024 in the name of his wife without her consent by forging her signatures on va...