Prevention of Corruption – Demand and Acceptance of Bribe – Conviction of Public Servant Affirmed – Appellant, Sub-Inspector of Delhi Police, demanded illegal gratification from complainant for not implicating him in criminal case under investigation – Initial demand made at police station followed by reiteration during trap proceedings at Tis Hazari Courts – Acceptan...
Criminal Law – Section 319 Cr.P.C. – Summoning of Additional Accused – Abetment of Suicide – Dowry Harassment – Revision Allowed – Revisionists (father-in-law and step-mother-in-law of deceased) summoned under Section 306 IPC by the trial court invoking Section 319 Cr.P.C., despite being exonerated during investigation and a closure report being filed against th...
Criminal Law – Bigamy – Matrimonial Cruelty – Quashing – Petitioner prosecuted under Sections 494 and 498A IPC on the basis of a cohabitation alleged to be a marriage, entered into by signing a non-judicial stamp paper without performance of any customary rites – Complainant subsequently alleged a 'temple marriage' during investigation, contradicting her own F...
Criminal Law – Anticipatory Bail – Murder – Common Intention – Section 103(1) and 3(5) BNS – Petitioner along with co-accused Aman Tiwari and Akhilesh allegedly forcibly shaved half the head of the deceased Manjeet Kumar, wrote humiliating words on the shaved portion with a marker pen, and pushed him from the rooftop causing his death – Petitioner contended fals...
Prevention of Corruption Act – Trap Case – Quashing under Section 482 CrPC – Accused added during investigation – Complaint lodged with Lokayuktha on 03.01.2019 alleging demand/acceptance of illegal gratification – Pre-trap mahazar drawn and trap laid on same day – Tainted currency seized from hands of Accused No.1 – Petitioner (PSI) not named in FIR but a...
Criminal Law – Murder and Criminal Conspiracy – Partial Acquittal – Journalist Ram Chander Chhatrapati shot dead on 24.10.2002 at Sirsa allegedly at the instance of Baba Gurmeet Ram Rahim Singh (A1), Chief of Dera Sacha Sauda, for publishing articles against him – A2 (Kuldeep Singh) and A3 (Nirmal Singh) identified as the actual assailants; A4 (Krishan Lal) as the Prabandha...
Conviction under Section 498A IPC for matrimonial cruelty confirmed in revision – Sentence reduced from one year to six months simple imprisonment – Delay in lodging complaint held not fatal in cases of matrimonial cruelty being a continuing offence – Testimony of victim to be appreciated with sensitivity and realism.
“The Silent Suffering of Matrimonial Cruelty” &...
POCSO Act – Age of Victim – Secondary Evidence – Inadmissible – Fatal Error by Trial Court – Acquittal – Prosecution relied on xerox copies of Birth Certificate (Ex.P.3) and Transfer Certificate (Ex.P.4) to prove victim's age as 16 years – Victim (PW1) categorically admitted originals were available – No justification offered for non-production o...
Qalandra under Section 66 of the Punjab Police Act, 2007 quashed for violation of Section 195 Cr.P.C. – SHO not competent to file complaint when original representations were addressed to Commissioner of Police – DGP Punjab directed to institutionalise sensitisation programme for police officials on compliance with Section 195 Cr.P.C./Section 215 BNSS.
“When The Whistle-Blower...
Anticipatory Bail – Allegation of Rape and Circulation of Intimate Images – Applicant alleged to have forcibly had sexual intercourse with victim and later recorded and shared her nude videos – FIS revealed subsequent consensual relationship and victim’s earlier statement before Magistrate in missing case that she accompanied applicant voluntarily – Applicant married ...