Criminal Law – Suspension of Sentence – Life Imprisonment – Section 389 CrPC – High Court’s Cryptic Orders – Failure to Consider Evidence, Role under Section 149 IPC, Gravity, Antecedents – State’s Non-appearance – Held: High Court orders unsustainable; bail cancelled; convicts directed to surrender; matters remanded for fresh consideration [Pa...
Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Accused found inside hotel holding knife and immediately fleeing; deceased found nude with multiple injuries – Recovery of knife with deceased’s blood group – Accused offered no explanation under Section 313 CrPC for incriminating circumstances – Conduct of fleeing relevant under Se...
Approver – Revocation of Pardon – Section 308 CrPC – Trial Court revoked pardon without Public Prosecutor’s certificate – Held: Though ordinarily certificate under Section 308 is prerequisite, Court may revoke pardon where approver and prosecution misled Court and where pardon was improperly granted despite overwhelming documentary evidence – Revocation justifie...
Criminal Law – Quashing of FIR on basis of settlement – Section 482 CrPC – Property dispute involving allegations under Sections 406, 420, 465, 467, 468, 471, 120B, 294(b) and 506(2) IPC – High Court dismissed application under Section 482 CrPC seeking quashing of FIR registered at Halol Town Police Station, District Panchmahal – During pendency of SLP, parties entere...
Criminal Law – Assault on Child – Section 323 IPC – Conviction Upheld – Section 8(2) Goa Children’s Act – Set Aside – Evidence of PW1 (injured child) found wholly reliable – Ocular testimony consistent and unshaken – Medical certificate not proved but ocular evidence given primacy – Incident held isolated and lacking ingredients of &ldquo...
Maintenance – Section 144 BNSS – Son’s Independent Obligation to Maintain Aged Mother – Husband’s Support Not a Bar – Alleged Cattle Rearing Unsupported – Son Employed Abroad with Sufficient Means – Maintenance of Rs.5,000 Upheld – Revision Dismissed [Paras 6–9].
Maintenance of Parents – Section 144 BNSS (Sec.125 CrPC) – In...
Negotiable Instruments Act – Cheque Dishonour – Appeal Against Acquittal – Loan of Rs.6,00,000/- claimed by complainant held doubtful – Complainant failed to prove source of funds; cheque not filled in accused’s handwriting; improbable circumstance of pledging jewels and advancing interest-free loan to mere acquaintance – Defence of misuse of security cheque for...
Criminal Law – Murder – Circumstantial Evidence – Last Seen – Extra-Judicial Confession – Strangulation – Delay/Withholding of Disclosure by Family Witnesses – Motive Absent – Sudden Provocation – Conviction of Ram Avtar Altered to Section 304 Part-II; Co-accused Visharad Acquitted – Last Seen Alone Insufficient [Paras 29–34, 45&nda...
Criminal Law – Quashing - Defamation – Social Media Defamation – Creation of Fake Online Profiles – Prima Facie Case Made Out – Allegation that petitioner created fake social media accounts portraying respondent as a prostitute and posting derogatory content – Such material accessible to public at large constitutes publication and attracts Section 499 IPC &ndash...
Parole – Incapacitated Elderly Convict – Delhi Prison Rules 2018 – Clemency Delay – Premature Release under Rule 1246A – Humanitarian Relief – Home Confinement Directed Pending Decision on Premature Release; State Directed to Frame Rules for Such Situations [Paras 14–16, 21–25, 30–34].
Parole – Nature, Scope & Limits – Tempor...