Consensual sexual relationships involving minors - Application of the POCSO Act - Whether consensual sexual intercourse between a minor girl and an adult male should be considered rape under the POCSO Act solely based on the age of the girl. [Para 15]
Understanding the concept of consent - The essence of consent lies in the voluntary agreement communicated through words, gestures, or ...
Murder – Common Intention – Section 302/34 IPC – Conviction based on the non-cooperation of the accused in a test identification parade – Courts drew adverse inferences without considering the exposure of witnesses to the accused in the police station – Identification parade is part of the investigation and should not be overemphasized – Prosecution must prove t...
Criminal Procedure - Benefit of Probation - Appellants convicted under Sections 323 IPC and Section 323/34 IPC - Appeal against conviction and sentence - Appellants do not press appeal against conviction - Prayer for granting the benefit of probation under Sections 360 and 361 Cr.P.C. - Court's consideration of the plea of probation. (Para 3)
Sections 360 and 361 of Cr.P.C. - Appl...
Criminal Law – Bail – Rigours of Section 37 NDPS Act – Prima facie evaluation of the evidence suggests doubt about the prosecution's case – High Court’s view that rigours of Section 37 are not applicable upheld [Paras 13-16].
Evidence – Contradictory Statements – Statements of motorcar occupants versus initial complaint by SI create seriou...
Misuse of Maintenance Tribunal – Petitioner Sanjivani alleges misuse of Maintenance Tribunal by husband and his parents to evict her from the matrimonial home, infringing her rights under the Domestic Violence Act - [Para 1]
Matrimonial Discord – Ongoing matrimonial disputes, with complaints lodged by both parties, including a complaint under the Domestic Violence Act filed by Sanji...
Custodial death – Allegation of police brutality – Petition filed seeking CBI investigation and compensation for custodial death of deceased – Deceased taken into custody by police and later found dead with multiple injuries – Inquiry report by CJM confirmed custodial death – CID exonerated accused police officials – Violation of fundamental rights and liberty o...
Criminal Law – Delay in Delivery of Judgment – Long delay in delivering judgment causes unnecessary speculation among parties – Emphasized need for timely pronouncement to uphold confidence in the judicial system [Paras 6.1, 6.2].
Criminal Procedure – Section 482 CrPC – Mini Trial – High Court exceeded jurisdiction by virtually conducting a mini tri...
Constitutional Law – Article 72 – Extradition and Sovereign Assurance – Appellant convicted in the 1993 Bombay Blasts Case – Completing 25 years of sentence – Central Government bound to advise the President of India for release under Article 72 in accordance with international commitment and principles of comity of courts – Courts in India must impose sentence ...
Criminal Law – Conspiracy and Terrorist Activities – Appellants convicted for conspiracy to commit terrorist acts, possession of arms and explosives, and association with banned organization Lasker-e-Toiba – Convictions upheld under Sections 120B, 121, 121A, 122, 124A, 153A, and 153B of IPC; Sections 5 and 6 of the Explosive Substances Act; and Sections 25 and 26 of the Arms Act ...
CRIMINAL PROCEDURE CODE, 1973 - Section 439 – Regular Bail – Second bail application – Petitioner seeking regular bail in relation to FIR No. 312 dated 27th July 2016, registered under various sections of the Indian Penal Code, 1860 – Earlier bail application dismissed as withdrawn – Petitioner claiming parity with co-accused who was granted regular bail – Court...