Criminal Law – Murder Trial – Benefit of Doubt – Appellants convicted for murder based on statements of informant (PW-3) and deceased’s sisters (PW-1 and PW-2) alleging oral dying declaration – First information report dated 12 May 1990 (Fardbeyan) did not name the accused – Informant later filed embellished report naming appellants due to previous enmity over l...
Bail – Gangster Act – Second Bail Application – Rejection for Lack of New Grounds – Applicant sought bail under Section 2/3 of the Gangster Act after rejection of earlier application – Criminal history of 11 cases spanning from 2013 to 2023 including prior Gangster Act charges – No new grounds urged beyond continued incarceration and parity with co-accused &ndas...
Juvenile Justice – Habeas Corpus – Illegal Detention – Petitioner No. 1, arrested for murder under Section 302 IPC, was in judicial custody since 2017 – During trial in 2024, he raised a claim of juvenility and produced a scholar register showing his date of birth as 13.12.2002 – The trial court failed to determine his age as required under Section 9(2) of JJ Act and ...
Criminal Law – Anticipatory Bail – Cancellation – Factors to be Considered – The Appellant (Complainant) challenged the High Court's grant of anticipatory bail to the Respondent (Accused), a Senior Accountant alleged to have embezzled over Rs. 3 Crores – Held: The High Court erred by taking a mechanical route and failing to consider the investigation status report...
Criminal Law – Conviction under IPC and SC/ST Act – Acquittal – Appellants convicted by Special Court for offences under Sections 354, 323 IPC and Section 3(1)(xi) of the SC/ST Act based on victim’s complaint of assault and caste-based abuse – High Court affirmed conviction – Supreme Court finds inconsistencies in victim’s and her brother’s (PW-2) te...
Criminal Law – Quashing of Criminal Proceedings – Matrimonial Dispute – Attempt to Murder – Petitioner-husband sought quashing of Sessions Case No.20 of 2024 under Sections 324, 326, 307 IPC on the basis of compromise deed with wife (Respondent No.3), the complainant – Allegations related to physical assault with knife – Chargesheet filed, but during trial parti...
Criminal Law - Anticipatory Bail – Maintainability Before High Court – Concurrent jurisdiction of Sessions Court and High Court – Applicant directly approached High Court without first applying before Sessions Court – Applicant not residing within jurisdiction of Sessions Court where FIR lodged – Held: Petition maintainable under Clause 26(B) of Full Bench decision in...
Muslim Law – Remarriage with Divorced Husband – Halala – Respondent claimed to have remarried petitioner after prior divorce – Evidence revealed existence of intervening marriage with another man, but no proof of its dissolution was provided – Under Muslim law, remarriage with divorced husband is void unless intervening marriage is consummated and lawfully dissolved (...
Criminal Law – Rape – Age of Victim Not Proven – Acquittal – Prosecution failed to establish that the victim was a “child” as defined under Section 2(d) of the POCSO Act – Birth certificate (Exhibit P8) obtained on court order shortly before complaint, with no production of the court order or supporting documents under Section 13(3) of the Registration of ...
Criminal Law – Quashing of Proceedings – Protection under Section 197 CrPC – Custodial Violence Alleged – Petitioner, a Sub-Inspector, sought quashing of complaint citing absence of prior sanction under Section 197 CrPC – Complaint alleged illegal detention, physical assault, custodial abuse, and humiliation of complainant and her brother by police inside the police s...