Criminal Law – Bail – SC/ST (PoA) Act – Allegation of Rape and Forced Abortion – Appellant accused of repeated sexual intercourse with the victim under false promise of marriage – Victim alleges forced abortion by appellant and his family and caste-based abuse – Victim examined in trial – Appellant in custody since 15.07.2025 – Trial likely to be pro...
Criminal Law – Bail – Illegal Detention – Petitioner accused under Sections 64(1)/351(3) BNS and Section 4 of POCSO Act – Detained by police beyond 24 hours without production before magistrate – Medical examination conducted on 18.08.2025 though notice under Section 179 BNSS issued only on 19.08.2025 – High Court held that custody since 18.08.2025 without court...
Criminal Law – Food Adulteration – Misbranding – Reversal of Conviction – Accused prosecuted for selling misbranded soy sauce bottles lacking batch number and vegetarian symbol – Convicted by Trial Court under Section 16(1)(a)(i) PFA Act and sentenced to six months' simple imprisonment – First Appellate Court acquitted the accused – Held: Appellate Cou...
Criminal Law – Section 319 CrPC – Summoning of Additional Accused – Repeated Applications – Judicial Discipline – Revisionists, though named in FIR, were exculpated during investigation and not charge-sheeted – Multiple applications for summoning under Section 319 CrPC rejected at different stages including cognizance stage and after committal – Subsequent...
Prevention of Corruption Act – Demand of Bribe – Sine Qua Non – Proof of specific, clear and unequivocal demand of illegal gratification is foundational requirement for offences under Sections 7 and 13(1)(d) of the Act – Mere suspicion, insinuation or ambiguous conversation insufficient – Demand must be proved beyond reasonable doubt by cogent evidence [Paras 25, 44&n...
Criminal Law - POCSO Act – Aggravated Penetrative Sexual Assault – Proof of Penetration – Conviction under Section 6 r/w 5(m) – Victim aged eight years alleged penetrative sexual assault – FIR contained allegation of penetration – However, statement under Section 164 Cr.P.C. and medical evidence showed only attempt to rape – Doctors found hymen intact with...
Criminal Law – Murder Trial – Sole Eyewitness Testimony – Conviction Based Solely on Testimony of P.W.10 Not Sustainable – P.W.10 claimed to witness the murder, but his presence was denied by other key witnesses including the informant – Contradictions and delay in recording his statement remain unexplained – Held: P.W.10’s testimony lacks credibility, is ...
Criminal Law – Quashing of FIR – Insecticides Act – FIR filed for stocking and intention to sell banned insecticide “Fhorate” – Charge-sheet included multiple offences under IPC, Insecticides Act, Rules, and Environmental Protection Act – Applicant contended that stock was not for sale and procedure under Sections 21 and 22 of Insecticides Act not followed...
Criminal Law - Anticipatory Bail – Corruption by Police Officials – Application Dismissed – Accused Head Constable alleged to have demanded ₹1,00,000/- (settled at ₹60,000/-) from complainant under threat of false implication – ₹20,000/- allegedly received earlier, and balance ₹40,000/- received by co-accused HC Manoj during trap, who fled with money – Call re...
POCSO – Child Rape – Conviction Upheld – Appellant convicted for aggravated penetrative sexual assault on 9-year-old neighbour – Victim’s consistent testimony supported by parents’ depositions – Delay in FIR explained as due to absence of father and social stigma – Medical report noting possibility of penetration and absence of hymen corroborated &nd...