Family Law – DNA Test – Paternity – Children's Rights – Divorce Petition on Desertion – Petitioner filed HMOP No. 45 of 2019 seeking divorce under Section 13(1)(ib) of the Hindu Marriage Act on the ground of desertion – During pendency, petitioner filed I.A. No. 553 of 2022 under Section 45 of the Indian Evidence Act seeking DNA testing of two children to pr...
Murder – Criminal Conspiracy – Common Intention – Appeal Dismissed – Appellant (original Accused No.3), a SRPF personnel, convicted by the Sessions Court for murder of deceased Kishor Khatri committed on 03.11.2015 at Somthana Shivar, Akola – Deceased was taken by Accused No.2 from Balaji Mall in a Tata Safari vehicle and found dead on a kachcha road – Ocular te...
Criminal Law – Section 319 CrPC – Summoning Additional Accused – Standard of Evidence – "Strong and Cogent" Standard – Complainant (PW-1) sought summoning of two additional persons, Rajendra and Mausam, as accused on the basis of alleged conspiracy – Trial Court rejected the application holding that evidence of PW-1, PW-6 and PW-7 was materially incons...
Criminal Law – Murder – Conviction under Sections 302 and 498A IPC – Dying Declaration – Eyewitness Testimony – Conviction Upheld – Appellant-husband convicted for pouring kerosene on his wife and setting her on fire, causing 80–90% burn injuries resulting in death after three days – Trial Court acquitted the appellant on the ground that the bathroom...
Criminal Law – Culpable Homicide – Conviction under Section 304 Part II IPC – Reversal – Prosecution case based on alleged assault by accused with sticks and hoe – Majority of eye-witnesses turned hostile and did not support prosecution – Medical evidence inconsistent and case papers indicated “accidental injuries” – FIR and subsequent statemen...
Police Protection – Property Rights – Petitioner sought protection against trespass and obstruction by private respondents – Civil court decree granted injunction in petitioner’s favour – Respondents continued interference despite decree – Held: Police bound to ensure protection of lawful possession and prevent breach of peace [Paras 3, 16].
Title and Possess...
Default Bail – Section 167(2) Cr.P.C. – Indefeasible Right – Duty of Magistrate to Examine Applicability of Offences – The right to statutory bail is a constitutional guarantee flowing from Article 21 and becomes indefeasible once default in filing charge-sheet within the stipulated period is demonstrated – Magistrate is not expected to mechanically order detention ba...
Criminal Law – Proclaimed Offender – Section 82(4) Cr.P.C – Applicability – Petitioner declared proclaimed offender for offences under Sections 463, 466, 467 IPC – Held: Said offences not covered under Section 82(4) Cr.P.C – Declaration as “proclaimed offender” illegal – At best could be declared proclaimed person under Section 82(1) Cr.P.C [Pa...
NDPS – Bail – Commercial Quantity of Charas – Rejection of Regular Bail – Petitioner sought regular bail in Crime No. 52 of 2022 registered by NCB for offences under Sections 8, 20, 25 and 29 NDPS Act – Recovery of 1.950 kilograms of charas effected from vehicle occupied by petitioner and co-accused – Held: Since quantity recovered was commercial quantity, rigou...
NDPS Act – Section 50 – Personal Search – Third Option – Non-Compliance – Accused apprehended carrying bag containing 11 kg 50 grams of charas – Trial Court convicted and sentenced accused to 10 years rigorous imprisonment with fine of Rs. 1,00,000 – High Court acquitted accused holding that Investigating Officer offered accused a third option of being sea...