Criminal Law – Curative Petition – Acquittal – Petitioner convicted and sentenced to death in the Rimpa Haldar murder case based on a Section 164 CrPC confession and alleged recoveries under Section 27 of the Evidence Act – Subsequent acquittals in 12 companion cases based on same evidentiary foundation – High Court and later Supreme Court found the confession inadmis...
Criminal Law – Rash and Negligent Driving – Identity of Accused Not Established – Accused acquitted by Trial Court for offences under Sections 279 and 337 IPC and Sections 181 and 196 of MV Act – Prosecution failed to conduct Test Identification Parade – Witnesses identified accused for the first time in Court after long lapse of time and in absence of prior familiari...
Criminal Law – Quashing of Summoning Order – Cheating – Criminal Breach of Trust – Petitioners, who are close relatives of Complainant, alleged to have misused powers of attorney given in UAE to fraudulently transfer assets and siphon company funds – Petitioners challenged summoning order on grounds of lack of evidence and territorial jurisdiction – Held: Allega...
Criminal Law – Discharge – Allegation of Fraudulent Property Valuation – 5th accused challenged rejection of discharge plea, contending that his property valuation was genuine and that disparity with subsequent valuations was not sufficient to impute criminal intent – Held: Significant discrepancy in valuations shown by independent valuers and bank-commissioned reports rais...
Criminal Law – Sexual Assault – Acquittal – Respondent No. 2 accused of showing obscene videos and attempting to molest a minor girl – FIR lodged after delay of 4 days – No medical evidence or certified age document produced to prove minority of victim – Photocopy of birth certificate not verified per statutory requirement – Held: Prosecution failed to est...
Criminal Law – Culpable Homicide – Section 302 IPC – Conversion to Section 304 Part I – Appellant convicted for murder of deceased Louis Williams based on knife injuries inflicted during altercation – Trial Court and High Court convicted under Section 302 IPC – Supreme Court held: injuries not shown to be inflicted with intention to cause death – Death occ...
DNA Testing – Presumption of Legitimacy – Criminal Proceedings – Section 112 Evidence Act – Right to Privacy – Constitution of India – DNA test sought to prove that appellant fathered child during subsistence of marriage between Respondent No.1 and her husband Abdul Latheef – Supreme Court held: statutory presumption under Section 112 protects child’...
Criminal Procedure – Arrest – Communication of Grounds – Mode, Timing, and Language – Arrest without written communication of grounds violative of Articles 21 and 22(1) – Arrest and remand thereby rendered illegal – Minimum requirement: Written grounds of arrest to be furnished at least two hours before production for remand – Applies to all offences inclu...
Criminal Law – Framing of Charges – Murder – Criminal Conspiracy – Charge Sustained – Accused allegedly conspired to dispossess the complainant from his land, leading to fatal assault on his son – Evidence of threats, long-standing land dispute, and coordinated movement of accused supported by CCTV footage, CDRs, and eyewitness accounts – Held: Trial court...
Criminal Law – Rape – Sole Testimony of Prosecutrix – Credibility – Appellant convicted under Section 376 IPC based solely on the testimony of the prosecutrix – FIR lodged after delay of one day, allegedly after husband’s consent – Medical examination showed ruptured hymen but no external injuries – Neighbours, husband, and key witnesses not examined...