Landowners Accepting Compensation For Partial Acquisition Cannot Later Seek Entire Property’s Acquisition Under Section 94 RFCTLARR Act: Patna High Court Retrospective Maintenance Under Section 125 CrPC Must Be Commensurate With Husband's Salary In Respective Years: Madhya Pradesh High Court Injunction Order Paying 'Lip-Service' To Cardinal Tests Without Addressing Allegations Of Fraud Is Unsustainable: Calcutta High Court Land Loser Appointments: Railways Not In Contempt For Requiring Physical Tests & Matriculation Qualifications, Rules Calcutta High Court Mere Presence Or Post-Incident Help Not Sufficient To Prove Common Intention Under Section 34 IPC: Allahabad High Court Election Petition Against Municipal President Maintainable Within 30 Days Of Election Meeting Despite Absence Of Gazette Notification: Madhya Pradesh High Court Husband Cannot Be Convicted For Wife’s Death Merely Because They Lived Under Same Roof Without Proof Of His Presence: Allahabad High Court Prosecution Case Demolished If Physical Layout In IO’s Sketch Map Contradicts Witness Testimony: Calcutta High Court Suppression Of Facts Not Fatal If Not Material To Merits; State Cannot Benefit From Its Own Failure To Implement Orders: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Anticipatory Bail – Compromise-Based Bail – Breach of Settlement – Recall and Cancellation of Bail – Anticipatory bail earlier granted solely on the basis of a compromise arrived at before the Mediation and Conciliation Centre – Bail order expressly recorded that parties shall abide by settlement terms – Accused failed to comply with agreed ...

Medical Termination of Pregnancy – Minor Rape Victim – Constitutional Jurisdiction – Applicant aged 14 years and 6 months, victim of rape, sought permission for termination of pregnancy – FIR registered under Sections 137(2), 87 BNS – Medical Board opined pregnancy of about 15 weeks and found termination permissible under MTP Act – Held: In cases of rape of a mi...

Sexual Offences – Stalking and Sexual Harassment – Ingredients of Offence – Proof Required – Accused convicted under Sections 354A and 354D IPC and Section 12 PoCSO Act – High Court examined whether alleged acts constituted statutory ingredients of sexual harassment and stalking – Held: Mere abusive language, quarrel or threat without sexually coloured remarks, ...

Criminal Appeal – Maintainability – Order Framing Charge – Section 14A, SC & ST (Prevention of Atrocities) Act – Appellant challenged order of Special Judge framing charges under Sections 115(2), 352 BNS and Section 3(2)(Va) SC & ST Act – Contention that order framing charge is not an interlocutory order and hence appeal is maintainable – Reliance placed...

NDPS Act – Bail – Intermediate Quantity – Applicability of Section 37 NDPS Act – Accused No.2 found in possession of 10.188 kg ganja while co-accused possessed commercial quantity – Held, rigour of Section 37 NDPS Act not attracted when quantity recovered from the applicant alone is intermediate and no material to establish conspiracy – Bail granted [Paras 6&nda...

Criminal Law – Murder and Robbery – Conviction based on Circumstantial Evidence – Accused Nos.1 to 3 convicted under Sections 302, 397 and 201 read with Section 34 IPC – Deceased murdered to avoid repayment of loan of Rs.2 lakh – Prosecution case resting entirely on circumstantial evidence including motive, last seen together, recovery of stolen articles, extra-judici...

Criminal Law – Circumstantial Evidence – Chain of Circumstances – Standard of Proof – Conviction recorded by Trial Court under Sections 364 and 302/34 IPC based entirely on circumstantial evidence – No direct eye-witness to kidnapping or murder – High Court reiterated settled principle that each incriminating circumstance must be fully proved and circumstances c...

Criminal Law – Hurt – Section 323 IPC – Conviction Set Aside – Acquittal – Petitioner convicted for causing hurt by fists and blows – Allegations against accused found to be vague, omnibus and non-specific – No specific overt act or role attributed to the petitioner – Ingredients of Section 323 IPC not proved beyond reasonable doubt – Convictio...

Criminal Appeal – Murder Conviction – Acquittal – Sole Eyewitness – Benefit of Doubt – Accused convicted by Sessions Court under Sections 302 and 324 IPC for causing death of deceased by hitting with wooden rafter – Appeal against conviction and sentence of life imprisonment – Prosecution case resting substantially on testimony of injured sole eyewitness (...

Criminal Law – Kidnapping and Aggravated Penetrative Sexual Assault – Conviction under Section 366 IPC and Section 6(1) POCSO Act – Victim allegedly aged 17 years and 10 months – Trial Court convicted A1 while acquitting A2 – On appeal, High Court found serious infirmities in prosecution case – Held: Conviction unsustainable [Paras 1–2, 13–14]. &n...