Criminal Law - Dowry Death – Section 304B IPC – Conviction Restored – High Court’s Acquittal Reversed – Accused married deceased after original groom failed to appear; marriage took place based on dowry demand of ₹10,000 and 3 sovereigns of gold – Part dowry paid; remaining balance due – Deceased subjected to harassment for balance dowry amount shortly b...
Criminal Law – Bail – Land Dispute – Delay in FIR – Petitioners alleged to have threatened and criminally intimidated complainant over land pooling – Multiple incidents reported with significant delays (up to 68 days) – Held: Delay in filing FIR and complainant’s own criminal antecedents cast doubt on veracity – Bail granted [Paras 5, 14, 15, 19].
...
Criminal Law – Quashing of Summoning Order – Cognizance under Sections 427, 448, 294, and 506-B IPC – Petitioner sought quashing of cognizance order passed by JMFC, Panna, which was affirmed in revision – Held: Trial Court rightly took cognizance under Sections 427 and 506-B IPC based on prima facie evidence from complaint and statements under Sections 200 and 202 CrPC &nda...
Criminal Law – Murder - Circumstantial Evidence – Standards for Conviction – Guilt Not Established – The prosecution case was entirely based on circumstantial evidence, including alleged extra-judicial confession, bloodstained clothes, and conduct of the accused – The High Court found gaps in the chain of circumstances and held that they did not conclusively point to ...
Criminal Law – Bail - Right to Speedy Justice – Fundamental Right – Bail Granted Due to Delay – The appellant, convicted for murder and serving life sentence, had her appeal pending since 1997 without a hearing – High Court rejected bail on grounds of gravity – Supreme Court held that right to speedy justice is implicit under Article 21 and prolonged delay witho...
Service Law - Jurisprudence – Civil Post under Article 311 – Kurk Amins Appointed on Commission Basis – Held Government Servants – The appellants challenged High Court orders treating commission-based Kurk Amins, appointed for recovery of cooperative dues, as Government servants – High Court relied on control, supervision, appointment authority, and parity in duties w...
Land Acquisition – Section 5A Inquiry – Industrial Focal Point – Acquisition Upheld – Appellants alleged no personal hearing in Section 5A proceedings – Collector had considered objections and released about 6 acres, acquiring only 1.5 acres – This showed objections were evaluated – Absence of record of personal hearing did not vitiate acquisition – ...
Criminal Law - Murder and Robbery – Circumstantial Evidence – Conviction Upheld – The appellant, a former employee of the deceased, was last seen with the victim and was found in possession of stolen gold ornaments soon after the crime – Blood-stained shirt belonging to him was recovered – Medical injuries, absence of explanation, and recoveries corroborated guilt &nd...
Criminal Law – Sect. 376 of the IPC – Appeal Against Acquittal - Rape of Minor – Credibility of Victim – Conviction Restored – The prosecutrix, aged about 5½ years, was subjected to rape by the accused, a known family member – Her statement was found consistent, trustworthy and corroborated by medical and forensic evidence – Trial court convicted th...
Right of Complainant – Hearing in Quashing Proceedings – Sections 173(2), 302 CrPC – Denial of Hearing Set Aside – The appellant sought to be heard in a petition filed by the accused for quashing proceedings initiated on his complaint – The High Court refused, holding the complainant has no right post-cognizance – Held: A complainant is not divested of locus aft...