Criminal Writ - Habeas Corpus - Preventive Detention – Right to Representation – Failure to Inform – Violation of Article 22(5) – Context of detention order passed by District Magistrate under NSA – Held: Article 22(5) of the Constitution confers two distinct rights: the right to be informed of the grounds of detention and the right to be afforded the earliest opportu...
Criminal Law – Appeal against Acquittal – Appreciation of Evidence – Prosecution alleged accused abused complainant by caste and assaulted him – Held: There were material contradictions in the testimonies of the complainant and eye-witnesses regarding the presence of accused and the weapon used. The FIR did not name the first accused. Prosecution failed to prove the case be...
Criminal Law – Murder – Acquittal – Appeal against conviction under Section 302/34 IPC – Surviving appellant Onkar Singh convicted for fatal assault with spear during alleged house invasion incident – Trial Court found motive in Gram Pradhan election enmity – High Court re-examined evidence and found prosecution version riddled with improbabilities and suppresse...
Criminal Law – Quashing of FIR – Blanket Protection from Arrest – High Court, while refusing to quash FIR under Article 226, granted protection from arrest till filing of charge sheet – Held: Self-contradictory and impermissible – Once FIR is not quashed, High Court cannot mechanically grant anticipatory-bail-like protection in writ jurisdiction – Such direction...
Criminal Law – Summoning Additional Accused – Section 319 CrPC – Strong and Cogent Evidence – Courts below erred in refusing to summon husband’s relatives despite clear inculpatory evidence – PW-1’s deposition attributing harassment, sex-determination pressure and instigation, PW-2’s detailed eyewitness account, and deceased’s own statements cu...
Criminal Law – Rape under Section 376 IPC – POCSO – Leave to Appeal Against Acquittal – Refusal – Child Witness – Material Contradictions – Tutoring Not Ruled Out – Matrimonial Discord Between Parents – Possibility of False Implication – Trial Court’s View Reasonable – Double Presumption of Innocence – No Interference Wa...
Murder – Section 302 IPC – Circumstantial Evidence – Reliability of Witnesses – Trial Court convicted appellant for running over deceased with pick-up van due to enmity from alleged illicit relationship attempt – On appeal, Court found PW-1 (complainant) and PW-7 (widow of deceased) not eyewitnesses; both gave contradictory versions about source of information (...
Criminal Law – Rape – Quashing of Proceedings – Allegation of sexual exploitation over three years disbelieved – De facto complainant alleged repeated sexual abuse and coercion by petitioner between 2011 and 2014 – Petitioner produced documents showing ongoing cordial relationship till 2017 and pending civil litigation regarding monetary disputes – Court found i...
Civil Law - Succession – Validity of Will – Genuineness and Attestation – Plaintiff relied on Ex.A-1 Will dated 10.03.2000 executed by his mother bequeathing suit property – Trial Court decreed suit – First Appellate Court reversed decree citing suspicious circumstances and non-examination of second attesting witness – Held: Appellate Court failed to properly ap...
Criminal Law – Representation of Company – Section 305 CrPC – Trial court directed petitioner to represent company (Accused No. 23) despite his resignation from directorship prior to initiation of proceedings – Held: A company being a juristic person must appoint its own representative for trial under Section 305 CrPC – Neither the complainant nor the court can compel...