Criminal Appeal – Conviction under Section 302 IPC – Appellant convicted of life imprisonment for setting the deceased on fire – Multiple dying declarations by the deceased – Trial Court found them consistent and credible – High Court upheld the conviction and rejected the appeal. [Para 1-7]
Criminal Appeal – Conviction based on multiple dying declarations &n...
Anticipatory Bail – FIR registered under Sections 406, 498-A, 423 read with Section 34 of the Indian Penal Code, 1860 – Appellant’s plea for anticipatory bail – Complainant’s year of birth mentioned in FIR as 1967, while appellant much younger and not previously married – Complainant’s second marriage with the appellant – Complainant claims appellant...
CRIMINAL APPEAL – Murder – Acquittal -Benefit of Doubt – Credibility of Prosecution Case – Sufficiency of Evidence – Examination of Witnesses – Discrepancies in Witness Statements – Absence of Key Witnesses – Lack of Weapon Recovery – False Implication – Indian Penal Code – Murder – Assault – Criminal Conspiracy – ...
Criminal Appeal - Conviction and Sentence - Accused convicted for rape and murder of a 3-month-old girl child - High-speed trial conducted without providing sufficient time for the accused's defense - Violation of principles of a fair trial - Conviction and sentence set aside - Matter remitted for a de novo trial with proper defense opportunity. [Para 2-22]
Evidentiary Value of DNA Report -...
Bail application - Rejection - Charges under Sections 376AB of IPC and Section 5m/6 of POCSO Act - Allegation of rape on a 7-year-old victim - Applicant falsely implicated - Medical examination report does not support prosecution's allegations - Intact hymen and no injuries found on victim's body - Court cites medical jurisprudence to establish that complete penetration, ejaculation, or hy...
Writ Petition (Criminal) – Consolidation of FIRs – Petitioner seeking consolidation of multiple FIRs registered in different states – Contention that cases are unrelated and should be consolidated for a fair and speedy trial – Disagreement by Respondents – Examination of pending cases – Decision to consolidate FIRs registered in the State of Madhya Pradesh &ndas...
Penal Code – Murder – Non-recovery of Weapon – Conviction for murder can be sustained even if the weapon used in the commission of the offence is not recovered – The credibility of reliable eyewitnesses and corroborating medical evidence can be sufficient to uphold the conviction [Paras 1-18].
Judicial Precedents – Ballistic Report – Discrepancy between the b...
Criminal Procedure Code – Compensation for Accusation without Reasonable Cause – The appellants, accused of involvement in a fight resulting in deaths, were granted bail with a condition to deposit Rs. 2 lakh each as compensation to the victims – Supreme Court held that the CrPC does not permit the imposition of such a condition at the stage of bail – Condition set aside [P...
Criminal Appeal jurisdiction of High Court - Powers under Articles 226 and 227 of the Constitution - Extent of jurisdiction - Whether High Court can go beyond considering the specific issue of granting or rejecting bail in a bail application - Court held that while the proper course of action for the High Court is to confine itself to the bail application, it can exercise its wide repertoire of po...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Conviction under - Appellant convicted for possession of heroin under Section 21 of the NDPS Act - Recovery of contraband made from the appellant's hand - Non-compliance with mandatory provisions of Section 50 of the NDPS Act - Appellant's contention of false implication and lack of independent witnesses - Appellant acquit...