Criminal Law – Murder Conviction – Prosecution's burden to prove guilt beyond a reasonable doubt – Conviction based on interested and related witnesses' testimony – Court found inconsistencies in the prosecution's case, including discrepancies in witness statements, the manner of arrests, and lack of independent corroboration – High Court erred in confirmi...
Rape and Murder of Minor – Death Penalty – Appellant convicted of rape and murder of a 3-year-old girl – Trial court and High Court confirmed death penalty – Supreme Court commuted death penalty to life imprisonment – Emphasized duty to consider possibility of reformation and rehabilitation – Appellant's young age, lack of criminal antecedents, and satisfact...
Dowry Death – Quashing of Chargesheet – FIR named multiple family members without specific allegations – Appellants (brother-in-law and mother-in-law of the deceased) had alibis, with the brother-in-law at work 40 km away at the time of the incident – Postmortem revealed asphyxia as cause of death with no external injuries except ligature mark – High Court's order...
Summoning Order – Quashing – Appellant, a director of M/s. Writer Safeguard Pvt. Ltd., challenges the summoning order issued under the Minimum Wages Act for non-compliance with statutory provisions – Supreme Court quashes the summoning order, emphasizing the requirement of specific averments to establish vicarious liability and procedural propriety in issuing summons [Paras 1-33]...
Investigation and Authorisation – Validity of Delegation – Appellant challenges the quashing of criminal proceedings by the High Court – Supreme Court upholds the validity of the authorisation given to an inspector under the second proviso to Section 3 of the J&K Prevention of Corruption Act, 2006 – Distinguishes the case from Bhajan Lal, clarifying that the second prov...
Criminal Appeal – Appeal against conviction under Section 302 of IPC – Accused-appellant challenges his conviction for intentional firing resulting in the death of a constable – Accused-appellant claims accidental firing – High Court confirms conviction – Appeal filed in Supreme Court. (Para 1)
Factual Background – Appellant was a guard at a police station &n...
Bail Cancellation – Specific Allegations – Appellant challenges the High Court's decision to grant bail to the second respondent – Supreme Court finds specific allegations that the second respondent aided the crime by providing information to the killers and was involved in the conspiracy – High Court's failure to consider the seriousness of the crime and the role a...
CRIMINAL APPEAL– ACQUITTAL - Central Bureau of Investigation (CBI) as the appellant – Shyam Bihari & Others as the respondents – Appeal against the judgment and order of the High Court of Uttarakhand at Nainital dated 26.07.2012 – Delay in preferring the appeal condoned – Application seeking leave to appeal rejected – Acquittal of the accused by the trial co...
Abetment of Suicide – Section 306 IPC – Appellant challenges the High Court's decision to quash the FIR and investigation into the alleged abetment of suicide by the respondent – Supreme Court emphasizes that the suicide note detailed the role of the accused in events leading to the deceased’s suicide, warranting investigation and possible trial – High Court's...
Detention Order – Procedural Safeguards – Appellant challenges the detention order for delays in considering the representation and failure to communicate the decision – Supreme Court quashes the detention order, emphasizing the constitutional right under Article 22(5) for expeditious consideration of the representation by the appropriate government – Holds that both Centra...