Criminal Law – Dishonour of Cheque – Section 138 NI Act – Appeal against Acquittal – Accused alleged to have taken Rs. 2,00,000/- as loan and issued two cheques which were dishonoured – Complainant served statutory notice and filed complaint upon non-payment – Trial Court acquitted the accused holding complainant failed to prove financial capacity and existence ...
Narcotic Drugs and Psychotropic Substances – Acquittal – Appellant convicted under Section 22(c) of the NDPS Act for alleged possession of 174 ampules of Lupigesic and 24 unlabelled ampules – Trial court sentenced appellant to 13 years of rigorous imprisonment with fine – Appellant challenged conviction citing procedural lapses including delay in production of contraband an...
Criminal Law – Bail – Cancellation of Bail – Standards of Proof – Allegation of Witness Tampering Not Corroborated – Bail of Accused No.19 (a former investigating police officer) cancelled by trial court based on a complaint by CW-42 alleging inducement – High Court held that cancellation of bail requires proof on preponderance of probabilities, not beyond reaso...
Prison Law – Furlough – Classification of Convicts – Constitutional Validity of Administrative Standing Orders – Petitioner convicted under Sections 304B, 498A, and 406 IPC – Sentence modified by Supreme Court and petitioner re-admitted to prison post-conviction – Application for furlough denied based on Clause F(3) of Standing Order No. 01/2019 which mandates a...
Custody Parole – Attendance in Parliament – No Legal Entitlement – Appellant, an elected MP under UAPA custody, sought permission to attend Lok Sabha sessions on custody parole and challenged the imposition of expenses for police escort – Court held there is no constitutional or statutory right to attend parliamentary proceedings while in lawful custody – Participatio...
Criminal Procedure – Condonation of Delay – Delay of 212 Days – Dismissed – Applicant filed criminal revision with 212-day delay challenging order granting probation to private respondents – Delay attributed to mistaken advice regarding remedy under Section 482 CrPC – Held: Explanation vague, lacking particulars, and unsupported by any material – No genuin...
Criminal Law – Murder – Unlawful Assembly – Arson – Conviction Upheld – Accused formed unlawful assembly and launched attack on the deceased in course of property dispute – House of deceased was set on fire and he was assaulted with lathis on vital body parts causing fatal cranio-cerebral injuries – Trial court convicted under Sections 148, 436 and 302 IPC...
Criminal Law – Rape – Conviction Reversed – Appellant convicted under Section 376 IPC and Section 4(2) POCSO Act for allegedly raping the prosecutrix in a hotel after luring her under the pretext of performing religious rituals – Trial Court relied primarily on the victim’s statement and late-produced school register – Appellate Court found significant contradic...
Criminal Law – Seizure of Vehicle – Prohibition Offence – Interim Custody – Vehicle seized under FIR for carrying liquor in violation of Gujarat Prohibition Act – No confiscation proceedings initiated under amended Section 98(2) of Prohibition Act despite seizure exceeding 20 litres – Vehicle lying idle in police custody – Held: In absence of confiscation ...
Criminal Law – Sexual Assault – POCSO Conviction – Acquittal – Allegation that accused committed sexual assault on 13-year-old girl by hugging and kissing her in a field – Victim’s initial statement to aunt was that she fell down – Complaint made two days later alleging sexual assault – Delay in complaint explained as concern for family honour &ndash...