Default Bail – UAPA – Acquiescence – Right to Default Bail Lost – Respondents arrested in connection with FIR for offences under IPC and UAPA arising out of arson, rioting and destruction of public property including a police station – Investigating agency moved application under Section 43D(2)(ii)(b) of UAPA for extension of time before expiry of 90 days – Tria...
Criminal Law – Rape – Minor Victim – Consent Immaterial – Section 376(2)(n) IPC – Conviction Confirmed – Accused convicted by the trial court for kidnapping and rape of PW1, a minor girl aged 15 years and 6 months at the time of incident – Accused claimed consensual relationship – PW1's testimony established that sexual intercourse took place on ...
Matrimonial Law – Maintenance – Section 125 CrPC – Ex Parte Order – Revision Not Maintainable – Statutory Remedy of Recall Available – Family Court passed ex parte maintenance order awarding Rs.3,000/- per month to wife and Rs.1,000/- each to four minor children after petitioner/husband was proceeded ex parte on 27.01.2025 – Petitioner filed criminal...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Enforceable Debt or Liability – Cheque as Collateral Security – Respondents supplied 1,393.105 MT of iron ore to the appellant against a contract for 40,000 MT — Cheque was presented for encashment on 24.05.2004 and dishonoured on 02.06.2004 — Analyst's report certifying inferior quality ...
Criminal Law – Bail – BNSS – Non-Compliance of Section 47 – Grounds of Arrest in Writing – Cyber Crime Case – Five petitioners arrested in connection with a cyber crime case involving operation of mule bank accounts for transfer of illegal funds – Arrests made after registration of FIR dated 09.01.2026 – Petitioners Rudra Madhab Mohapatra, Pananga Na...
Prevention of Corruption Act – Jurisdiction – Special Judge – Magistrate's Jurisdiction Ceases on Addition of PC Act Sections – FIR registered for offences under IPC sections – During investigation, Sections 13(1)(d)/13(2) of Prevention of Corruption Act added by order dated 18.09.2006 – Thereafter, matter became a Special Case triable exclusively by Special...
Negotiable Instruments Act, 1881 – Section 138 – Acquittal – Second Appeal – Jurisdiction – High Court erred in entertaining appeal against acquittal — Trial court acquitted the appellant-accused — Sessions Judge dismissed the complainant's appeal and confirmed acquittal — Complainant thereafter preferred a further appeal before the Hig...
Criminal Law – Culpable Homicide – Section 304 Part II IPC – Hostile Eyewitnesses – Conviction Affirmed – Circumstantial Evidence – Res Gestae – Conduct of Accused – PW-1 (real brother of accused and FIR lodger) and PW-2 (injured witness, mother of accused) turned hostile – PW-3 and PW-6 saw accused fleeing from place of occurrence with blood-s...
Criminal Law – Kidnapping for Ransom – Murder – Acquittal – Circumstantial Evidence – Incomplete Chain – Appellant not named in FIR – Prosecution rested entirely on circumstantial evidence including recovery of kurta of deceased, pistol, ransom money and identification parade – Held: Chain of circumstances far from complete in absence of recorded dis...
POCSO Act – Aggravated Penetrative Sexual Assault – Conviction Confirmed – Sentence Modified – Appellant, owner of dance academy, convicted by Special Court under Section 376 IPC r/w Section 5(l) of POCSO Act and sentenced to life imprisonment for committing aggravated penetrative sexual assault on a minor girl student aged 15 years 5 months – Victim's testimony c...