Criminal Law – Murder – Conviction set aside – Prosecution case resting mainly on testimony of related eyewitness (mother of deceased) suffering from material contradictions – Non-examination of material witness (granddaughter who allegedly informed informant) – Independent witnesses turned hostile – Medical evidence not conclusively corroborating ocular version...
Constitutional Law – Live-in Relationship – Right to Protection – Petitioners in consensual live-in relationships alleged threats to life from private individuals and sought police protection – Held: Right to cohabit without marriage is protected under Article 21 – Personal autonomy cannot be compromised by societal disapproval – Police directed to grant protect...
Criminal Law – Negotiable Instruments – Dishonour of Cheques – Legally Enforceable Liability – Appellant convicted under Section 138 NI Act for dishonour of five cheques aggregating Rs.1,41,000/- issued towards commercial dues – Trial Court sentenced appellant to six months RI with fine – Appellant remained untraceable for over two decades – Counsel appoin...
Negotiable Instruments Act – Dishonour of Cheque – “Account Blocked” – Cheques issued by petitioners after Corporate Insolvency Resolution Process (CIRP) had commenced and company accounts taken over by IRP – Cheques returned with remark “ACCOUNT BLOCKED” – Held: Dishonour due to account block caused by statutory moratorium under IBC does not a...
Criminal Law – Sections 279, 338, 304A IPC - Motor Vehicle Accident – Acquittal – State appealed against the acquittal of respondent who was accused of causing death of two persons and injury to another due to rash and negligent driving – Prosecution alleged that respondent was driving an uninsured motorcycle that first collided with the injured’s motorcycle and...
Criminal Law – Rape and Murder – Circumstantial Evidence – DNA Match – Conviction Confirmed – Deceased last seen in same vicinity as accused – Witnesses (PWs 4, 5, 6) corroborated presence and suspicious behaviour of accused – Blood-stained clothes, victim’s shrieks, and disappearance of accused from village strengthened prosecution’s chain &nd...
Criminal Law – Attempt to Murder – Appeal against Acquittal – State challenged judgment acquitting respondents of offences under Section 307 IPC and Section 307/34 IPC – Held: Prosecution failed to prove beyond reasonable doubt that injuries were caused by accused – Acquittal justified [Paras 1, 17, 20].
Evidence – Identification of Accused – ...
Criminal Contempt – Forgery and Impersonation – Fabricated Court Filings – Conviction – Accused filed a statement of objections purportedly on behalf of Union of India by forging the signature and affidavit of the Central Government Standing Counsel – Counsel categorically denied preparing or filing the objections and disowned the affidavit – Held: Filing forged...
Criminal Law – Quashing - Municipal Law – Octroi Evasion – Vicarious Liability – Quashing of Criminal Proceedings – Pune Municipal Corporation filed complaint alleging non-payment of octroi on import of gold bullions/coins by Bank – Summons issued against Bank and its senior officers including CEO, Deputy MD, Legal Officer and Branch Manager – Petitioners ...
Criminal Law – Rape – Conviction Based on Hostile Witnesses – Appellant, a medical practitioner, convicted for offence under Section 376(2)(d) IPC – Victim and her husband turned hostile during trial – Trial Court convicted accused and High Court not only affirmed conviction but enhanced sentence to ten years – Held: Conviction cannot be sustained when primary w...