Criminal Law – Conviction of CCL under Section 377, IPC and Section 6 of POCSO Act upheld by High Court – Challenge in Criminal Revision – Petitioner, a Child in Conflict with Law (CCL), challenged his conviction for unnatural offenses and aggravated sexual assault – Both the Juvenile Justice Board and the appellate court confirmed the conviction based on the testimony of t...
Murder and Grievous Assault – Conviction Based on Child Witnesses – Sections 302 and 326 IPC – The appellant was convicted for the murder of his mother-in-law and causing injuries to his wife – The conviction was primarily based on the testimony of child witnesses, the sons of the appellant – Held: The testimonies of the child witnesses were found reliable and were co...
Criminal Law – Investigation by CBI – Death in Suspicious Circumstances – The appellants, family members of the deceased, challenged the closure of the investigation which treated the death as a suicide. They alleged bias and influence by respondent no. 7, the deceased’s husband, a senior judicial officer. The post-mortem report showed six ante-mortem injuries, raising susp...
Criminal Law – Conviction Based on Circumstantial Evidence – Appellant Ram Chandra Thakur was convicted for the rape and murder of a 4-year-old child. The prosecution relied on the testimony of child witnesses (victim’s sisters) and the appellant’s disclosure statement leading to the recovery of the body. The court upheld the conviction based on circumstantial evidence, app...
Arbitration Law – Challenge to Arbitral Award – Patent Illegality – SRMB Srijan Ltd. challenged the arbitral award on grounds of patent illegality, arguing that the correspondence between the parties constituted a waiver of the MGO clause and that the termination of the agreement was lawful. The Court rejected the argument, holding that there was no concluded contract for waiving...
Indian Forest Act – Illegal Transportation of Guchhi – The State appealed against the acquittal of the respondent, who was apprehended while transporting 13.7 kg of Guchhi without a valid permit. The trial court acquitted the respondent on the grounds that the forest produce was being transported on behalf of a third party with a valid permit – The Court upheld the acquittal, obs...
Criminal Law – Conviction under Section 302 read with Section 149, 148, and 147 IPC – Acquittal - Appeal against judgment by Additional Sessions Judge – Appellants convicted for murder and unlawful assembly, sentenced to life imprisonment – Appellants challenged conviction, claiming false implication and reliance on weak prosecution evidence – Dying declaration only m...
Criminal Law – Conviction under Sections 148 and 302/149 IPC upheld – Challenge in Supreme Court against the Allahabad High Court's decision maintaining trial court’s conviction of the appellant for murder and rioting – Court examined the evidence presented by the prosecution, including eyewitness accounts and medical evidence – The prosecution’s case was su...
Criminal Law – Quashing of Proceedings Under the Drugs and Cosmetics Act – Madras High Court quashes the criminal complaint against Sumathi, accused of selling drugs without a pharmacist's supervision – Allegations stem from an inspection on 30/09/2021 at M/s Pradhan Mandri Bharthiya Janaushadhi Kendra by the Drug Inspector, which resulted in a complaint against both the prop...
Dowry Harassment – Quashing of FIR – The petitioners sought quashing of the FIR on the ground that the allegations were vague and lacked specific details – The Court observed that the allegations made against the petitioners, who are the informant's parents-in-law, were general and did not meet the threshold for constituting cruelty under Section 498-A IPC – Held that v...