Corruption and Falsification of Accounts – Insufficient Evidence – Appellant, a public servant, was convicted for offences under Section 13(1)(d)(ii) read with Section 15 of the PC Act and Section 477A of IPC – Alleged manipulation of records and wrongful gain not supported by material evidence – Investigation revealed no criminal charges against the appellant – Convi...
Criminal Law – Common Intention – Section 34 IPC – Appellants Sanjay Puran Bagde and Rajratna @ Nandu Bagde were convicted for holding the deceased while co-accused Manoj Puran Bagde and Puran Sakharam Bagde assaulted the deceased with axes – High Court reversed the trial court's acquittal, finding common intention based on their participation and presence at the crime ...
Criminal Law – Reversal of Acquittal – Evidence Assessment – High Court reversed the acquittal of the appellants, convicting them under Section 302 read with Section 34 of IPC based on the testimony of an eyewitness (P.W.2) and the recovery of incriminating items – Supreme Court emphasized the importance of corroborating evidence and the credibility of witnesses, especially...
Criminal Procedure Code, 1973 – Section 482 – Quashing of Proceedings – High Court considered the application for quashing the criminal proceedings against the applicants under Sections 153 and 506 of the Indian Penal Code. The applicants were accused of raising objectionable slogans and threatening people in a religious gathering. [Para 2, 3, 13]
Allegations and Inv...
Summoning - Drugs and Cosmetics Act, 1940, Section 28 - Code of Criminal Procedure, 1973, Sections 468, 469 - Offence punishable under - Maximum punishment - Imposition of sentence - Scope of - Whether, in a case where an offence is punishable under Section 28 of the Drugs Act with a maximum imprisonment for a term of one year, the Court can take cognizance of the offence beyond the period of limi...
Criminal Trial – Scope of Evidence – Charge Framing – IPC Sections 302 and 304 Part II:
The Supreme Court ruled that the prosecution can lead evidence only according to the charge framed by the trial court. Once a lesser charge is framed, the prosecution cannot introduce evidence beyond that charge. In this case, the trial court discharged the accused from the offence under Se...
Bail application - Allegations under Prevention of Money Laundering Act (PMLA) - Serious allegations against accused Deputy Chief Minister/Excise Minister for formulating excise policy to benefit certain individuals and receiving illegal gratification - Defense challenges credibility of Enforcement Directorate (ED) case based on inconsistent statements and contradictions in witnesses' testimon...
Criminal Procedure – Anticipatory Bail – Scope and Limitations – Section 438 CrPC: The Supreme Court emphasized that when dealing with an application under Section 438 CrPC, the court must confine itself to determining whether the applicant has made out a case for anticipatory bail. Any conditions imposed must be appropriate, apposite, reasonable, and relevant to the scope o...
Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate&...
Criminal Appeal – Acquittal in charges under Sections 306/498-A RPC – Lack of substantive independent evidence – Failure to prove abetment – Analysis of prosecution evidence – Dying declaration as primary evidence – No direct nexus between respondent’s actions and victim’s suicide – Testimony of star witnesses inconsistent – Cordial relat...