Murder – Role in Homicide and Disposal of Body – Bail Granted on Parity – Petitioner accused of participating in strangulation and disposal of body along with co-accused – Co-accused already granted bail – CCTV footage placed him at scene but no direct evidence of act of killing – Court found no recovery of weapon and only one out of 36 witnesses examined in ove...
Criminal Law – Conviction Under Section 498-A IPC Without Specific Charge – Conviction Set Aside – The appellants were initially charged under Section 306 IPC for abetment of suicide but were acquitted of that charge – However, the trial court convicted them under Section 498-A IPC despite the absence of a specific charge – Held: Section 498-A IPC is not a lesser offe...
Criminal Complaint – Quashing under Section 482 Cr.P.C. – Petitioners challenged the summoning order by the Trial Court, claiming lack of essential ingredients of the alleged offences – Cited Supreme Court precedents on the necessity of reasoned orders for summoning – Court observed complaint lacked specific allegations and appeared motivated by personal vendetta – Co...
Bail – Offence under POCSO Act – Allegation of Rape of Minor Niece – Bail Denied – The petitioner was accused of sexually assaulting his 7-year-old niece – Medical report did not rule out sexual assault – Victim’s testimony supported by obscene photographs found on petitioner’s mobile phone – Held: Considering the gravity of the offence, the pe...
Criminal Law - Quashing - Information Technology Act – Section 67 – Privacy and Consent in Marital Relationship – Application for Quashing Rejected – The applicant-husband sought quashing of criminal proceedings initiated under Section 67 of the IT Act for allegedly making and sharing an obscene video of his wife without her consent – Held: The marital bond does...
Criminal Law - Rape Allegation – Promise of Marriage – Quashing of Proceedings – Appeal Allowed – The appellant sought quashing of criminal proceedings alleging rape and cheating on the ground that the relationship was consensual and the alleged promise of marriage, if any, came post facto – Supreme Court found that there was no inducement through false promise of mar...
Criminal Law - Murder – Common Intention – Conviction Under Section 302/34 IPC – Conviction Upheld – The appellant along with two co-accused allegedly assaulted the deceased with a knife leading to his death – Courts below found consistent eyewitness accounts confirming the appellant’s presence and role – Minor discrepancies in witness statements were not ...
CBI Investigation – Jurisdiction of High Court – Direction Set Aside – The High Court while granting bail directed CBI investigation based on a statement under Section 161 CrPC – Supreme Court held that such a direction in a bail proceeding exceeded jurisdiction under Section 439 CrPC – Held: No exceptional circumstance justified invoking extraordinary power &ndas...
Criminal Law - Appeal against acquittal - Confessional Statements under TADA – Voluntariness and Procedural Safeguards – Rejection Upheld – The Supreme Court reaffirmed that strict compliance with Section 15 of TADA and Rule 15 of TADA Rules is essential to admit confessions – The confessional statements of three accused recorded by a single officer were held inadmissible d...
Anticipatory Bail – Allegation of Forged Certificates – Parity with Co-Accused – Bail Granted till Police Report – The applicants were accused of submitting forged documents for pharmacist registration – Held: Since co-accused similarly placed had been granted anticipatory bail and no distinguishing factor emerged, applicants are entitled to same protection – Ba...
