Termination of Pregnancy – Minor Rape Victim – Right to Personal Liberty – Petition Allowed - The petitioner, a minor girl aged 14, who was a victim of rape, sought termination of her 28-week pregnancy. The Court, recognizing the mental and physical trauma associated with the continuation of the pregnancy, granted permission for termination. The Court held that forcing the petiti...
Criminal Law – Bail under UAPA – Prolonged Incarceration – Bail Granted – The appellant, accused of involvement in a terrorist act and possession of explosives, was in custody for over two years – The Court observed that no substantial evidence beyond the statement of a co-accused was presented to link the appellant to the offences – Held: Given the prolonged cu...
Appeal Against Acquittal – Sections 376/511 IPC – Acquittal Upheld - The State filed a leave petition challenging the acquittal of the respondents in a case of attempted rape under Sections 376/511 IPC. The High Court upheld the acquittal, noting that the prosecutrix had retracted her initial complaint during cross-examination, stating that the complaint was filed due to a rent dispute...
Criminal Law – Quashing of Charges – Proceedings under SC/ST Act – Compromise between Parties – Application under Section 482 Cr.P.C. filed to quash the charge sheet and entire proceedings of S.T. No.130 of 2022 under Sections 504, 506, 323 IPC and Sections 3(1)(da), 3(1)(dha) of SC/ST Act – Case based on a compromise between the parties – Opposite party no. 2, ...
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...
Gang Rape – Conviction under Section 376 IPC and Section 6 of POCSO – Life Imprisonment Upheld – The appellants were convicted for raping a minor girl who had gone to graze her goats – The prosecution presented the victim’s testimony, supported by medical evidence, identifying the appellants as the perpetrators – The Court dismissed the appellants' argument ...
Bail Application – UAPA – Long Incarceration – Bail Granted – The appellant was accused of harboring co-accused involved in a blast case but was not present at the scene of the crime – The Court noted that no incriminating materials, such as explosives or suspicious financial transactions, were found to link the appellant directly to the crime – Citing the appel...
Criminal Law – Conviction Based on Circumstantial Evidence – The appellant was convicted of murdering his elder brother based on circumstantial evidence – The prosecution failed to establish a continuous chain of circumstances leading to the guilt of the accused – There were discrepancies in witness testimonies regarding the timeline and actions of the accused, which raised...
Bail – Prolonged Incarceration – Section 436A CrPC – NDPS and Foreigners Act – Bail Granted – The petitioner, a Bangladeshi national, was arrested in April 2019 for possessing Yaba tablets and for entering India without valid documents – The petitioner has been in custody for over five years and five months, exceeding the maximum imprisonment period under the Fo...
Criminal Law – Murder vs. Culpable Homicide – The appellants were convicted for murder under Section 302 IPC. The Court held that the act of hitting the deceased on the head with a wooden reeper, even though fatal, did not indicate an intention to cause death – Held: The injuries inflicted, though serious, were likely to cause death but were not sufficient in the ordinary course ...