Criminal Law – Identification of Accused in Poor Lighting – Doubts on Accuracy – The incident took place during the dark night of 24/25 May 2004, and the prosecution relied on eyewitnesses who claimed to have identified the accused in the light of torches and a lantern – The Court found that the lantern was not recovered, and torches were not produced before the trial court...
Murder Case – Conviction under Section 302 r/w 34 IPC – Discrepancies in FIR and Witness Statements – Conviction Upheld - The appellants were convicted for murder based on the testimony of eyewitnesses and evidence linking the blood-stained weapons recovered from the appellants to the deceased. The defense argued discrepancies in the timing of the FIR, contradictions in the accid...
Negotiable Instruments Act – Dishonor of Cheque – Presumption of Liability – The petitioner issued a cheque for Rs. 8,00,000, which was dishonored due to insufficient funds. The complainant provided evidence of the cheque, the dishonor memo, and service of legal notice, which the petitioner failed to rebut. Held: The presumption of liability under Sections 118 and 139 of the Nego...
Bail under UAPA – Long Custody – Article 21 of the Constitution – The appellant has been in custody for over 2 years, 4 months, and 17 days. The appellant was nominated based on a co-accused’s disclosure statement, and despite serious allegations, no charges have been framed yet. Held: The appellant’s right to a speedy trial under Article 21 of the Constitution was be...
NDPS Act – Bail Petition – Pretrial Detention Unnecessary – The petitioner was apprehended in possession of heroin during a Nakka set up by the police. Investigation completed and charges filed. Held: Pretrial incarceration should be avoided unless necessary. Since no recovery is pending and there is no flight risk or evidence of past criminal history related to serious offences,...
Power under Section 319 CrPC – The scope and timing for the Trial Court to exercise discretion on summoning additional accused based on Examination-in-Chief without waiting for cross-examination – Held: The High Court misinterpreted the mandate under Section 319 CrPC – It is for the Trial Court to decide whether or not to proceed solely based on Examination-in-Chief or wait for c...
Cheque Dishonour – Appeal Against Acquittal – Appellant challenged trial court’s acquittal of respondent in cheque dishonour case – Court upheld acquittal noting lack of evidence of goods delivery and accused’s liability – Emphasized need for concrete proof to establish guilt beyond reasonable doubt [Paras 2-6, 12-14].
Presumption and Evidence &ndas...
Criminal Law – Application Under Section 91 CrPC – Timing of Application – Respondents sought production of request letters sent by CBI to the Ministry of Home Affairs for call interception before charges were framed – Held: The accused cannot invoke Section 91 CrPC at the pre-charge stage for production of documents – The Supreme Court has held that Section 91 can be...
Criminal Law – Bank Fraud – Discharge of Accused – Appeal against the High Court’s decision to discharge the respondent (Accused No. 7) from charges of conspiracy, cheating, and criminal misconduct related to fraudulent credit facilities granted to a company – Allegation of undue haste in sanctioning loans without proper appraisal or clearance by the relevant departme...
FIR Quashing – False Promise of Marriage – Section 482 Cr.P.C. – FIR Quashed – The appellant sought quashing of the FIR registered under Sections 376 and 313 of IPC – High Court dismissed the petition – Supreme Court held: The FIR, even if taken at face value, does not reveal a prima facie case of rape or forced abortion – The appellant and complainant liv...