Special Leave Petition (Criminal) – Delay Condonation and Permission – The Supreme Court granted permission to file a special leave petition without a certified/plain copy of the impugned order and condoned the delay in refiling. [Para 1]
Time to Surrender – Regular Bail – Petitioner granted four weeks to surrender and apply for regular bail, which will be considered in ...
Criminal Law – Kidnapping and Consensual Affair – The appellant argued that the minor girl's consent should be a defense due to their consensual relationship. The Supreme Court upheld the conviction, emphasizing that the consent of a minor is immaterial under Section 361 IPC. The Court noted that the statutory provisions do not allow for the consent of the minor as a valid defense ...
Special Leave to Appeal – False Statement by Counsel Counsel for the petitioner alleged that the High Court’s reasoned order was not uploaded, prompting the Supreme Court to call for a status report from the Registrar General of the High Court of Bombay. The statement was subsequently found to be false.
High Court Procedures – Status Report The Registrar General o...
Criminal Appeal – Defamation – Challenge to the order of issue of process for the offence of defamation under Section 500 of IPC – High Court declining to entertain the petition on the ground of delay – Allegations made in the complaint addressed to SDM – Appellant contending that the alleged defamatory words were made in good faith and constitute an accusation prefer...
Criminal Appeal No. 1050 of 2013 – Acquittal of appellants – Lack of evidence connecting them to the crime – Discrepancies in prosecution’s version – Chain of events broken by earlier acquittal of one accused – No external/internal injury on prosecutrix’s body – Medical examination discredits her version – Appellants’ alibi claim disregar...
Suspension of sentence and grant of bail under Section 389 of the CrPC - Factors to consider - Prima facie satisfaction of fair chances of acquittal - Whether the High Court committed an error in suspending the substantive order of sentence and granting bail to the convicts pending the final disposal of their criminal appeals – Held - the appellate court must record reasons in writing and ob...
Penal Code – Voluntarily Causing Hurt with a Dangerous Weapon – Attempt to Murder – The Supreme Court considered whether a compromise between parties could justify the reduction of sentences in cases involving serious non-compoundable offences under Sections 307 and 324 of the IPC. Despite Section 320 CrPC not listing these sections as compoundable, the Court acknowledged that an...
Criminal Law – Child Witness Testimony – The Supreme Court evaluated the reliability of a child witness in a case involving murder and dacoity. The Court held that while the testimony of a child witness must be scrutinized with care and caution, it is not to be rejected solely based on the age of the witness. However, in this case, due to inconsistencies and lack of corroboration, the ...
Motor Vehicles Act – Hypothecation Entry and Fraudulent Documentation – The Supreme Court examined the validity of the High Court's order for the release of a vehicle based on a forged clearance certificate. The High Court failed to consider that the hypothecation entry in the original registration certificate was fraudulently removed by the original owner using a forged Form 35. T...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction under Section 15 – Appellant's conviction for possession of 54 Kgs of poppy husk confirmed by the High Court, following the Trial Court’s judgment. Issues regarding possession and procedural compliance raised. [Para 2-3, 5-7]
Criminal Procedure – Representation and Conduct of Defence –...