Juvenile Justice – Applicability of Juvenile Justice Act, 2000 – Appellant, a juvenile at the time of the offence, convicted under Sections 307 and 323 of IPC and Section 27 of the Arms Act – Plea of juvenility raised for the first time in appeal – Trial Court did not consider juvenility – High Court directed an inquiry by the Juvenile Justice Board – Inquiry co...
Criminal Law – Gang Rape and Murder – Acquittal of Co-Accused – Conviction of Principal Accused – Modification of Sentence from Death to Life Imprisonment – Appellant No. 1, Ram Prasad Ahirwar, and Appellant No. 2, Banshilal Ahirwar, were convicted for gang rape and murder of a minor girl (their relative) – Trial Court awarded death penalty to both appellants &n...
Criminal Law – Prevention of Money Laundering Act – Legality of Arrest – Procedural Compliance - Petitioner challenged his arrest under Section 19 of the PMLA on grounds of procedural violations, including failure to supply “reasons to believe” and non-consideration of exculpatory material – The Court held that Section 19 imposes stringent safeguards, requiring ...
Maintenance Under Section 125 CrPC – Wife Living Separately – Right Upheld - The respondent wife was awarded maintenance of Rs. 6,000 per month for herself and Rs. 5,000 for her minor daughter. Despite the petitioner obtaining an ex-parte decree for restitution of conjugal rights, the Court held that the wife had justifiable grounds to live separately due to alleged harassment – ...
Premature Release – Application of Government Policy – Petitioner sought premature release under the 1991 policy of the Punjab Government – Contention on inclusion of parole period in the calculation of actual imprisonment – State's policy changed in 2020 to exclude parole period from actual sentence – Court held the policy at the time of conviction governs premat...
Criminal Law – Bail – Prolonged Custody – Petitioner accused of murder, in judicial custody for 10 months, investigation complete and final report filed – Bail granted with stringent conditions.
Presumption of Innocence – Pre-conviction Imprisonment – Courts should not deny bail solely on public sentiment – Emphasis on presumption of innocence and right...
Criminal Law - Death Penalty – Rare and Exceptional Circumstances – Conviction Based on Circumstantial Evidence and DNA Report – Sentence Modified – The appellants were convicted for gang rape and murder of a minor, with the trial court awarding the death penalty based on DNA evidence linking one appellant to the crime – The High Court considered whether the case fell...
Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].
Ident...
Quashing of Proceedings – Absence of Prima Facie Case – Application Allowed – The petitioner was charged under the IPC and Immoral Traffic (Prevention) Act, 1956, after being apprehended at a location allegedly used as a brothel. Examination of the case diary revealed that the petitioner was present as a customer, with no allegations or evidence indicating involvement in managing...
Criminal Law – Offences under the Insecticides Act – Petitioners challenged the cognizance and summons issued by the Trial Court for selling insecticides without a license – The main argument focused on the non-compliance with Section 33 of the Insecticides Act, which mandates the inclusion of the company in proceedings against its officers [Paras 1-12].
Procedure under Section ...