Criminal Law – Conspiracy – Sections 120B/302/109 IPC – Substratum of Prosecution Case – Principal Alleged Conspirator Discharged – Respondent charged with conspiring with Dr. Sanjay Singh to murder Syed Modi; Dr. Sanjay Singh and Amita Kulkarni earlier discharged, their discharge affirmed up to Supreme Court – Held: With the alleged main conspirator discharged ...
Criminal Law – Attempt to Murder – Conviction Reversed – Appellant convicted under Section 307 IPC while co-accused were acquitted on the same evidence – High Court held that the trial court failed to justify the distinction in treatment between co-accused and appellant – Evidence of PW-1 and PW-2 did not support exclusive guilt of appellant – No plausible expla...
Murder – Section 302 IPC – Section 27 Arms Act – High Court’s acquittal reversed – Trial Court’s conviction restored – Ten accused tried for rioting and murder – only Accused No. 2 (Jagdish Singh) remained in appeal – Eyewitnesses consistently deposed that Jagdish fired three shots from his rifle, the third hitting the deceased – Rifle se...
Company Law – SFIO probe – Whistleblower sought copies of complaint & annexures – Special Court directed “Issue CC on usual terms” without reasons – High Court quashed – Held: Stranger not entitled to complaint/annexures; only investigation report permissible under Section 212(13) Companies Act – Orders unsustainable – Applications re...
Criminal Law - Rape – Section 376(2)(g) IPC - Proof of Penetration – Sine qua non – Slightest penetration sufficient – Medical indicators (smegma, hymen) explained – The Court reiterated that penetration, even to the slightest degree within the labia, completes the actus reus of rape – Rupture of hymen or emission is not necessary – Presence of smegma afte...
PMLA—Attachment vs. Enjoyment—Interim Operation of Attached Units Permitted—Sections 5(4), 8(4) PMLA—Stay of proceedings not pressed—Court balances prevention of alienation with avoidance of economic waste; allows Petitioner to operate Topadihi & Uliburu units subject to conditions; attachments to continue [Paras 23-25, 28-34].
Maintainability—Second peti...
Regular Bail – Sexual Offences – Allegations Under IPC Sections 376, 377, 384, etc. – Bail Granted - The appellant was accused of serious offences including rape, blackmail, and assault by a woman nearly twice his age – The FIR was followed by a charge sheet including multiple IPC provisions – The High Court had rejected regular bail – Supreme Court noted interi...
NDPS Act – Second Bail Application – Commercial Quantity – Allegation of conscious possession – 151.6 kg of ganja recovered from intercepted DCM truck – Applicant apprehended on spot along with driver – Held: Once contraband is recovered from vehicle and accused was present therein, presumption of conscious possession applies – Burden on accused under Sect...
Criminal Law – Bail – Section 152 BNS – Social Media Post – Allegation of 'Pakistan Zindabad' post by applicant under a foreign national’s post – No material to show active promotion of secession or armed rebellion – Held: Section 152 BNS requires intentional incitement of secession or subversive activity – Mere expression of sentiment, even ...
Criminal Law – NDPS Act – Ganja Seizure – Enhancement of Sentence – Respondent found in alleged possession of 1.7 kg of Ganja – Seizure included seeds and leaves – FSL Report confirmed presence of flowering tops but also noted seeds and leaf matter – Held: Under Section 2(iii)(b) of NDPS Act, Ganja excludes seeds and leaves unless accompanied by flowering ...