Kidnapping and Gang Rape – Section 363 and 376D RPC – Conflicting Prosecution Versions – Conviction Set Aside – The appellants were convicted of kidnapping and gang rape by the trial court. The appellants challenged the conviction, highlighting contradictions in prosecution witnesses' testimonies, lack of proper evidence to establish the age of the prosecutrix, and the ...
Bail Application – Prolonged Trial – Section 439 CrPC – Bail Granted - The petitioner, in custody since 12/09/2016, filed a second bail application under Section 439 CrPC, after the first bail plea was dismissed. The Court observed that despite the passage of over eight years, only four out of 28 witnesses had been examined, and the trial had been proceeding at a snail's pace...
Criminal Law – Acquittal – Appellants convicted by the trial court for murder under Sections 147, 148, and 302 read with 149 IPC and sentenced to life imprisonment – High Court examines the reliability of sole eyewitness (P.W. 1) and finds inconsistencies in his testimony, as well as the absence of corroboration from other material witnesses – Confessional statements of acc...
NDPS Act – Commercial Quantity – Recovery of 602 gms Heroin – Bail Denied – The petitioner was found in possession of 602 gms of heroin, significantly above the commercial threshold – The Court held that compliance with Section 50 of the NDPS Act was properly executed, and the delay in submitting the contraband to the FSL was not unreasonable [Paras 2-15].
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Criminal Law – Murder Conviction – Evidence of Eyewitnesses Corroborated – Appeal Dismissed – The appellant was convicted for the murder of Soman, following a physical altercation where the appellant inflicted fatal stab wounds – The Court upheld the conviction, placing reliance on the consistent testimonies of PWs 1 to 3 (family of the deceased) and corroborative evi...
Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by pouring kerosene on her and setting her on fire – Trial court’s judgment affirmed by High Court – Dying declarations found to be consistent and reliable, pointing to the appellant’s guilt – No exceptions under Section 300 IPC applicable – Appeal dismissed, conviction...
Criminal Procedure – Cross-Examination of Prosecution Witnesses – Section 231(2) CrPC – Petition for deferral of cross-examination – Allowed – The petitioners requested deferral of cross-examination of PW-1 until the examination-in-chief of CSW-2 and CSW-3 was completed, citing concerns about disclosure of the defence strategy as the witnesses were related – The...
Criminal Law – Murder Conviction – Appellant convicted for murdering the informant’s wife by stabbing her with a “Bhujali” – Trial court’s judgment affirmed – Appellant sentenced to life imprisonment and a fine – Court addresses the evidentiary value of dying declarations and corroborative testimonies [Paras 1-24].
Dying Declaratio...
Discharge Petition – Criminal Conspiracy and Forgery – The petitioner, who was charged under Sections 120(B), 465, 468, 471, 472, 420 read with 34 of the IPC, sought discharge from the charges, arguing that the investigation was improperly conducted and that key documents were not subjected to forensic examination – Held: The court found that for the charge of conspiracy, direct ...
Criminal Law - Murder – Circumstantial Evidence – Section 302 read with Section 34 IPC – Conviction Modified for 1st Accused - The appellants were convicted for murder under Section 302 IPC. The Court, relying on circumstantial evidence, concluded that the 1st accused caused the death of the deceased by inflicting fatal stab injuries. However, the Court observed that the act of t...