Criminal Law — Quashing of Chargesheet — Section 482 CrPC — CCTV Footage — Parity among Co-accused — Appellants, residents of the same apartment complex as the complainant, arraigned in chargesheet under Sections 143, 341, 323, 324, 354, 504, 506, 509 and 427 IPC arising from a neighbourly altercation on 11.10.2022 — High Court quashed proceedings against two co...
Criminal Law — Medical Negligence — Quashing of Proceedings — Section 482 CrPC — Paediatric Surgeon — Orchidectomy on Minor Child — Consent — Appellant surgeon performed left Orchidectomy on a one-and-a-half-year-old child with undescended testis during a surgical procedure at SRMC Hospital on 24.08.2005 — Complainant-father alleged that consent was ...
Criminal Law - Preparation to Commit Dacoity – Section 399 IPC – Mandatory Requirement of Five or More Persons – Prosecution failed to prove presence of fifth accused – The appellants-accused were arrested from a busy public road near Natraj Hotel, Naroda Patiya on the basis of secret information alleging that five named persons including one 'Munno' would assemble ...
Framing of Charge — Speaking Order — Application of Judicial Mind — Sections 250 and 251 BNSS — Remand — The petitioner/accused was charged under Sections 351(3) and 351(1) of the BNS by the Additional Sessions Judge, Berasia on the allegation that he threatened the victim to maintain contact with him and to reveal the victim's relationship with the co-accused if ...
Negotiable Instruments Act – Sections 138, 141 – Director's Liability – Quashing of Summoning Order – Appellant, a Director of the accused Company, summoned in connection with dishonoured cheques issued by the Company – Both the revisional court and the High Court held that her signing of Board Resolutions established involvement in day-to-day affairs – Held...
POCSO Act — Section 15(2) — Child Sexual Abuse Material — Discharge of Accused — Subjective Satisfaction Test — Accused persons chargesheeted for storing, possessing, and transmitting Child Sexual Exploitation Material (CSEM) through mobile phones and WhatsApp groups — Sessions Court discharged accused under Section 15(2) POCSO Act solely on the ground that age ...
Negotiable Instruments Act – Section 145 – Affidavit Evidence – Accused Cannot File Evidence-in-Chief by Way of Affidavit – Section 145(1) expressly enables only the complainant to give evidence-in-chief on affidavit in proceedings under Section 138 of the NI Act – The provision uses the word "complainant" and does not extend the same liberty to the accused ...
Bail – Regular Bail – Prolonged Incarceration – Parity with Co-accused – Appellant in custody since 14.01.2023 in connection with FIR No. 219/2022, Police Station Wagle Estate, District Thane City, for offences under Sections 307, 326, 324, 323, 504, 506, 141, 143 and 149 IPC and Sections 4 and 25 of the Arms Act – Trial yet to commence with thirteen witnesses to be e...
Criminal Law – Murder – Eyewitness Testimony – Conviction Upheld – Property Dispute – Mediation Meeting – The appellant was convicted under Section 302 IPC for stabbing his brother Titu Miah Khadim at a mediation meeting convened to settle a property dispute on 01.10.2021 – PW-2, whose presence at the place of occurrence was not disputed, gave a direct eye...
POCSO – Gang Rape of Minor – Suspension of Sentence – Section 389(1) Cr.P.C. – Post-Conviction Stage – Presumption of Innocence Not Available – The appellant was convicted and sentenced to rigorous imprisonment for life under Section 376(DA) IPC and Section 6 POCSO Act for gang rape of a minor victim – A previous application for suspension of sentence (I.A...