Criminal Trial – Defect in Charge – Substantial Compliance – Purpose of charge is to inform accused of case against him – Charges framed though unsigned initially and later recorded in presence of accused – Accused participated in trial and cross-examined witnesses extensively – Held: Substantial compliance satisfied – accused had full knowledge of accusat...
Criminal Law – Quashing – Scheduled Castes – Conversion to Christianity – Loss of SC Status – SC/ST Act – Clause 3 of Constitution (Scheduled Castes) Order, 1950 – Appellant, born into the Madiga community (Scheduled Caste), converted to Christianity and served as a Pastor for over ten years – FIR registered for caste-based assault and atrocity offen...
TNPID Act – Default in repayment – Financial establishment – Accused induced public to deposit money through false computer job scheme promising monthly returns and repayment – Failure to repay matured deposits to 39 depositors established through consistent oral and documentary evidence – Conviction upheld [Paras 9–12]
Cheating and conspiracy – Section...
Prevention of Corruption Act – Quashing of proceedings – Trap case – Demand and acceptance of illegal gratification – Petitioner sought quashing under Section 482 Cr.P.C. alleging absence of preliminary enquiry, lack of jurisdiction of ACB, defective sanction, and absence of recovery from personal possession – Held, at stage prior to trial Court only required to asses...
Criminal Law – Murder – Political Rivalry – Conviction Set Aside – Deceased, a CPI(M) local leader, allegedly murdered by members of rival political organisation (NDF) – Trial Court convicted accused under Sections 302 r/w 149 IPC and allied offences – On appeal, High Court finds prosecution failed to establish guilt beyond reasonable doubt – Held: Convict...
Criminal Law – Transfer of Criminal Case – Scope of Power of Sessions Judge under Section 408 Cr.P.C./Section 448 BNSS – Petition filed seeking transfer of complaint case alleging defamation on grounds of bias of the Presiding Magistrate, advanced age and medical condition of accused, and inconvenience due to distance – Sessions Judge dismissed transfer application holding ...
Criminal Law – Section 34 IPC – Common Intention – Requirement of pre-arranged plan or meeting of minds – Mere simultaneous or similar intention insufficient – Common intention may develop on the spot but must be proved from conduct and circumstances – Held: No evidence of common intention to commit attempt to murder [Paras 31–36, 42–43]
Attempt t...
Criminal Law – Circumstantial Evidence – Gang Rape and Murder – Acquittal – Appellants convicted by Trial Court for offences under Sections 302, 376(2)(g), 201 read with Section 34 IPC and sentenced to life imprisonment – High Court reappreciating entire evidence finds prosecution failed to establish complete chain of circumstances – Motive, last seen together, ...
Criminal Law — Attempt to Murder — Section 307 IPC — Sterling Witness — Injured Wife — Sole Testimony Sufficient — Appellant convicted for firing upon his wife Vimla Devi (PW-3) with a firearm within the matrimonial home causing multiple firearm injuries to her left leg and palm — Prosecution rested on sole testimony of injured wife — Held: The injur...
UAPA – Section 43-D(5) – Bail – Prima Facie Standard – Prolonged Incarceration – Article 21 – Appellants arrested between 21-22.10.2021 and in custody for over four years – Charged as OGWs and hybrid cadres for TRF, alleged to have shared extremist content, propagated IS ideology and attended radicalising lectures – Trial Court rejected bail in March...