Prayer for Preventing Further FIRs and Taking Cognizance of Complaints – Petitioner seeks mandamus to stop registration of new FIRs and cognizance of complaints based on the same cause of action – Court finds such a prayer cannot be granted by any court of law. [No specific para]
Clubbing of FIRs – Request to club 30 FIRs filed in multiple states into one jurisdictio...
Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...
Criminal Law – Murder by Pouring Kerosene Oil – Dying Declaration – Victim suffered 90% burn injuries and was in a fit condition to make a dying declaration – Dying declaration recorded by Judicial Magistrate found reliable – Family members’ presence in the hospital not a ground to disbelieve the dying declaration – Conviction under Section 302 IPC upheld ...
Criminal Law – Murder by Gunshot – Circumstantial Evidence – Conviction of the accused based on the complete chain of circumstantial evidence leading to the irresistible conclusion of guilt – Motive established by evidence of the deceased's relationship with accused's wife – Recovery of weapon and forensic evidence supporting the prosecution’s case &ndas...
Criminal Appeal – Conviction for Murder and Harassment – Poisoning as the cause of death – Appellant convicted of murder and harassment under Sections 302 and 498A of the IPC – Evidence of poisoning found in viscera – Failure of the accused to prove alternative explanation for poisoning – Adverse inference drawn against the accused under Section 114(g) of the Ev...
Criminal Procedure Code – Section 482 – Quashing of FIR – High Court cannot pass a blanket order of protection from arrest – Proceedings ended once High Court declined to quash the FIR – Remedies under CrPC available to accused for protecting liberty – Blanket direction impedes investigation – Appeal allowed, High Court order set aside [Paras 2-11].
Jud...
Penal Code – Murder – Circumstantial Evidence – Absence of Motive – Lack of evidence suggesting violence or struggle – Medical expert did not rule out suicidal death – Post-Mortem report indicated death due to asphyxia by hanging – Absence of motive weighs in favor of the accused – Benefit of doubt given – Appellant acquitted [Paras 1-34].
C...
Criminal Appeal – Conviction under Section 20 of the NDPS Act – Appeal against judgment and order of conviction by High Court – Acquittal by Trial Court – Dispute regarding the applicability of Section 50 of the NDPS Act – Interpretation of the expression "to search any person". [Para 1-18]
Analysis of Applicability of Section 50 of NDPS Act - Search of p...
Bail Application – Rejection by High Court Petitioner appeals against the High Court's decision, which had denied his bail in connection to a case registered under Section 4 of the Prevention of Money Laundering Act, 2002. [Para 1]
Representation by Counsel Learned senior counsel for the petitioner argues that Rs. 30 lakhs in the petitioner's bank account cannot be considered as p...
Criminal Law – Rape – Consent and Misconception of Fact- The relationship between the appellant and the second respondent was consensual and lasted for one and a half years. The appellant's subsequent refusal to marry the respondent does not amount to a false promise at inception, which is necessary to establish a "misconception of fact" under Section 375 IPC. The Supreme...