Criminal Law – Prevention of Corruption – Proof of Demand – Demand not Established – The appellant, a Talati cum Mantri, was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act for allegedly demanding ₹500 as illegal gratification for providing a copy of a mutation entry – The prosecution failed to prove the specific d...
Maintenance – Muslim Law – Talaak Validity – Petitioner challenged the Revisional Court’s order directing him to pay maintenance – Contended divorce (Talaak) pronounced validly, relieving him of obligations – High Court upheld Revisional Court’s decision – Talaak must be proven with efforts for reconciliation, valid reason, presence of just witnesses...
Child Sexual Abuse – Reliability of Victim's Testimony – Conviction Sustained - The appellants, convicted of multiple sexual offenses against a minor, challenged the victim's testimony and the reliability of investigative procedures. The Court affirmed that a victim’s testimony alone, when credible and consistent, suffices to uphold conviction in cases of sexual abuse. He...
Dowry Death – Requirements Under Section 304B IPC – Conviction Reversed - The appellants contended that there was insufficient evidence of dowry-related harassment immediately before the deceased’s death, disputing claims of cruelty or dowry demand. The court examined evidence including witness testimony and circumstantial factors – Held: There was no concrete evidence prov...
Recall of Witnesses – Section 311 Cr.P.C. – Petitioners sought to recall PW.1, PW.6, and PW.7 for cross-examination, arguing the need to cross-examine them together for a fair trial – The trial court dismissed the petition, citing unnecessary delay and harassment of witnesses – High Court upheld trial court’s decision, noting that the case had already been significant...
Criminal Law – Bail Cancellation upon Addition of Non-Bailable Offenses – Section 439(2) of Cr.P.C. Application – High Court's Dismissal of Petition Challenging Bail Cancellation Order – The Rajasthan High Court upheld the cancellation of bail originally granted to the accused under Section 436 of Cr.P.C., after non-bailable offenses were added in the final charge-sheet...
Anticipatory Bail – Grounds for Cancellation – Requirement of Misuse or Change in Circumstances – Dismissal of Petition - The petitioner sought cancellation of anticipatory bail granted to the respondent accused, alleging the trial court overlooked the gravity of fraud allegations involving a defrauded amount of Rs. 20 lakhs – Held: The High Court emphasized that cancellati...
Criminal Law – Externment Order – Petitioner challenged the externment order issued by the District Magistrate under Section 3(3) of the Jharkhand Control of Crimes Act, 2002 – Contended that involvement in two criminal cases does not justify being labeled as a habitual offender – High Court held that mere involvement in two cases does not constitute habitual offending unde...
Criminal Law – Bail Application – Judicial Custody – Applicant accused of forgery and conspiracy – Bail granted under Section 439 of Cr.P.C. considering absence of prior convictions and judicial custody since 29.09.2023 – Co-accused granted bail earlier – Conditions imposed for regular attendance in court and non-interference with witnesses [Paras 1-7].
Forge...
Criminal Law – Abetment of Suicide – Appeal Allowed – Appellants, senior employees of Hindustan Lever Ltd, were accused of abetting the suicide of their colleague, Rajeev Jain, by allegedly harassing and humiliating him due to his refusal to accept a Voluntary Retirement Scheme (VRS) – High Court dismissed their plea to quash the criminal proceedings under Section 306 of th...