Criminal Law – Multiple Murders – Conviction under Sections 302/149, 307/149 IPC – Five persons allegedly killed by 15 named and 7-8 unknown assailants – Trial Court convicted 11 accused – High Court found material contradictions in ocular evidence of P.W.1 (widow), P.W.2 (informant) and P.W.3 (injured child) – Serious doubts regarding presence, identification i...
Criminal Law – Rape – Acquittal – Double Presumption of Innocence – Sections 376 and 452 IPC – Appeal by State Dismissed – Accused acquitted by trial Court on appreciation of discrepancies in prosecution witnesses' statements and DNA report negating match between semen on prosecutrix's salwar and accused's blood sample – State challenged acquit...
Money Laundering – Bail – Section 45 PMLA – Twin Conditions – Applicant accused of laundering proceeds of crime generated through fraudulent scholarship claims by educational institutions – ED alleged generation of proceeds of crime exceeding ₹18 crore through bogus scholarship claims and diversion of funds through trust accounts – Court held that while Sectio...
Criminal Law - Murder - Conviction under Section 302 IPC - Last Seen Theory - Appellant brought victim to rented accommodation on 1st November 2010 at 8:30 p.m. - Victim found dead on 3rd November 2010 locked inside room - Appellant last seen with victim when they checked into premises - Appellant seen alone outside premises early morning on 2nd November 2010 by landlord and his wife - Appellant d...
Criminal Law – Summoning Additional Accused – Section 358 BNSS / Section 319 Cr.P.C. – Trial Court summoned petitioners and other co-accused to face trial in murder case on basis of deposition of complainant recorded as PW-2 – Petitioners contended that only one accused had been challaned and others were rightly exonerated during investigation – Held: Power under Sect...
Criminal Law - Murder and Attempted Murder - Conviction under Sections 148, 302/149, 307/149 IPC - Appellants convicted for murdering Prakash Behera and attempting to murder Nunu Pujari - Trial court sentenced them to life imprisonment for murder, rigorous imprisonment for 5 years for attempted murder and 2 years for unlawful assembly - Appellants challenged conviction on grounds of contradictory ...
Criminal Law – Appeal against Acquittal – Assault on Public Servant – Sections 186, 353 r/w 34 IPC – State challenged the appellate court judgment acquitting the accused who were earlier convicted by the trial court for allegedly assaulting the Chief Engineer (PW1) and obstructing him in discharge of his official duties – Evidence showed that the prosecution relied ma...
Criminal Law – Discharge Application – Section 250 BNSS – Sixty-Day Period – Nature and Effect – Condonation of Delay – Applicants, Directors, CEO and medical practitioners of Khyati Hospital sought discharge under Section 250 BNSS — discharge applications filed beyond sixty days from date of committal — Sessions Court rejected delay condonation appl...
Criminal Law - Acquittal - Appeal Against Acquittal by Complainant - State Not Filing Appeal - Informant and de-facto complainant filed appeal challenging acquittal of accused for offences under Sections 498-A and 302 read with 34 IPC - Deceased was second wife of Accused No.1 - Prosecution alleged Accused Nos.1 to 3 murdered deceased by throttling her with dish wire and projected it as suicide - ...
POCSO Act – Rape by Father – Conviction Upheld – Appellant, the biological father of the victim, convicted for committing repeated sexual assaults on his minor daughter over a period of time since she was 10 years old — victim gave her statement to police after gathering courage during a 'Police Didi' counselling program conducted in her school — Trial Court c...