Criminal Law – Murder – Appeal against conviction - Circumstantial Evidence – Requirement of a Complete Chain – Appeal Allowed – The appellant was convicted for murder and disposing of evidence under Sections 302 and 201 IPC based on circumstantial evidence alone. The Supreme Court reviewed whether the evidence constituted a complete and conclusive chain that pointed ...
Criminal Conspiracy – Standard of Proof – Acquittal of Accused – The prosecution’s case alleged a conspiracy to facilitate a jailbreak by smuggling explosive materials into Burail Jail. Witnesses turned hostile, key incriminatory evidence such as communication devices were unrecovered, and contradictions in arrest dates created doubt. Held: Prosecution failed to establish t...
Contempt of Court – Non-compliance with Court Orders – Government’s failure to implement High Court’s order dated November 28, 2022, for the appointment of Multipurpose Health Assistants (Male) – Persistent disobedience by authorities despite repeated directions and issuance of proceedings to enforce compliance – Authorities’ actions characterized as willf...
Bail – Commercial Quantity of Ganja – Rebuttal of Statutory Presumption under Section 37 of the NDPS Act – Bail Granted - The petitioner was found in possession of 200 kg of ganja, classified as a commercial quantity under the NDPS Act, raising a statutory presumption against bail under Section 37 – The petitioner argued procedural violations, particularly improper sampling...
Criminal Revision – Impact of Stay on Discharge Orders – Judicial Custody – The Court analyzed the effect of staying a discharge order on the accused's release. It held that a stay order effectively suspends the discharge and re-establishes the accused’s status prior to the discharge order, necessitating his return to judicial custody. Respondent No. 4, who secured rele...
Criminal Law – Grievous Hurt – Conviction under Section 326 IPC – Appellant convicted under Section 326 of the Indian Penal Code for grievous injury inflicted on the complainant (PW-2) with a sharp weapon – Incident occurred on 28.02.1980, when PW-2, a rickshaw puller, was allegedly taken by the appellant and co-accused to a secluded location under the pretense of a discuss...
Criminal Law – Revision Petition – Acceptance of Final Report – Petitioner challenged the order of the Additional Chief Judicial Magistrate accepting a final report as Mistake of Fact without due notice to the complainant – High Court found improper service of notice and set aside the Magistrate’s order [Paras 1-14, 21-23].
Service of Notice – Legal...
Criminal Law - Double Jeopardy – Parallel Prosecution – Section 304-A IPC vs. Section 92 of the Factories Act – Quashing of Proceedings – The petitioners challenged the simultaneous criminal prosecution under Section 304-A of IPC alongside charges under Section 92 of the Factories Act, 1948, for the same incident of a worker's death due to electrocution at the factory &...
Criminal Law - Sanction for Prosecution – Validity – Prevention of Food Adulteration Act, 1954 – Appeal Challenged – The appellant, a Food Inspector, challenged the acquittal of the accused by the trial court on the ground that the sanction for prosecution was improperly granted – Held: The trial court's finding that the sanctioning authority did not possess the r...
Criminal Law - Quashing Criminal Proceedings – Scope of Section 354D IPC – Analysis of the stalking offense under Section 354D IPC revealed insufficient grounds as the accused’s actions did not imply intent to outrage the modesty of the respondent – Held that conflicts between the petitioner and respondent do not fall within the purview of stalking under Section 354D IPC [P...