Criminal Law – Culpable Homicide – Conviction under Section 304 Part II IPC – Reversal – Prosecution case based on alleged assault by accused with sticks and hoe – Majority of eye-witnesses turned hostile and did not support prosecution – Medical evidence inconsistent and case papers indicated “accidental injuries” – FIR and subsequent statemen...
NDPS Act – Section 50 – Personal Search – Third Option – Non-Compliance – Accused apprehended carrying bag containing 11 kg 50 grams of charas – Trial Court convicted and sentenced accused to 10 years rigorous imprisonment with fine of Rs. 1,00,000 – High Court acquitted accused holding that Investigating Officer offered accused a third option of being sea...
POCSO Act – Child Victims – Vulnerable Witnesses – Bailable Warrants – Petition by minor victims – Three minor girls aged approximately 15 years, allegedly subjected to repeated sexual assault by five accused persons – Bailable warrants issued against petitioner no. 1 (PW-2) for non-appearance, set aside by this Court on 28.05.2025 – Petition thereafter ta...
Criminal Law – Proclaimed Offender – Section 82(4) Cr.P.C – Applicability – Petitioner declared proclaimed offender for offences under Sections 463, 466, 467 IPC – Held: Said offences not covered under Section 82(4) Cr.P.C – Declaration as “proclaimed offender” illegal – At best could be declared proclaimed person under Section 82(1) Cr.P.C [Pa...
Money Laundering – Freezing of Bank Accounts – Section 17(1A), PMLA – Proceeds of Crime – Respondent Zo Pvt Ltd, a wholly owned subsidiary of Winzo Games Pvt Ltd, had its bank accounts frozen under Section 17(1A) of the PMLA on 30.12.2025 – Enforcement Case Information Report registered on the basis of multiple FIRs alleging cheating, forgery, conspiracy and fraud in ...
Criminal Law – Discharge – Re-allotment of Institutional Plot – Former Chief Minister ordered re-allotment of resumed plot to AJL at original rates plus interest – Decision ratified unanimously by Authority – No court declared re-allotment illegal – No material showing wrongful loss or pecuniary gain – Held: Essential ingredients of Sections 120-B, 420 IPC...
PMLA – Discharge – Predicate offences – Proceeds of crime – Scope of S.3 PMLA – Accused not named in scheduled offence – Maintainability of prosecution – Prima facie case – Revisional interference – Held: Where investigation disclosed subsisting scheduled offences and prima facie generation and layering of proceeds of crime through illegal acti...
Criminal Law – Sections 147, 148, 186/34, 353/34, 307/34 IPC – Unlawful Assembly – Obstruction of Public Servants – Acquittal – Appellants convicted by Additional Sessions Judge, 5th Fast Track Court, Malda for allegedly forming an unlawful assembly on 09.03.1993 at Piyasbari, armed with arrows, hasua, lathis and other weapons, and obstructing and assaulting police pe...
Prevention of Corruption Act, 1988 - Illegal Gratification - Conviction under Section 7 and Section 13(2) - Appellant serving as Constable in Excise Department demanded Rs. 500/- as illegal gratification from complainant involved in contraband liquor business - Threatened complainant with false implication if amount not paid - Trap organised by Vigilance Department on 19.06.1990 - Five currency no...
Criminal Law – Gang Rape – Conviction and Acquittal – Appellants convicted by Trial Court under Section 376(2)(G) and Section 506 IPC and sentenced to 10 years rigorous imprisonment – Conviction upheld by High Court – Supreme Court finds that prosecution case rests solely on testimony of prosecutrix without corroborative evidence – Testimony suffers from materia...