Dowry Death – Section 304B IPC – Presumption under Section 113B Evidence Act – Appellant convicted for causing death of wife by poison four years after marriage – Prosecution relied on general allegations of harassment due to infertility and dowry insufficiency – No specific evidence of dowry demand or cruelty “soon before death” – Held: Prosecution ...
Bail – BNS ss.103(1), 106 & 238 – Hunting misfire; decapitation post-mortem – Prima facie not murder under s.103(1); case falls under s.106; s.238 bailable – Gruesomeness irrelevant to bail where statute makes offence bailable – Bail granted with conditions [Paras 2-3, 11-16, 17-18].
Bail – Parameters for grant – Supreme Court guidance rei...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – Abuse of Process – Appellants sought quashing of criminal case alleging bigamy, dowry harassment, and conspiracy – Allegations vague and delayed – No specific role attributed to accused other than husband – High Court refused to quash, holding charges can be contested at framing stage – Held...
Criminal Law – Rape Conviction – Downgrade to Outraging Modesty – Appellant originally convicted under Section 376AB IPC and Section 6 of POCSO Act for allegedly sexually assaulting a girl under 12 – Victim’s consistent statements under Section 164 Cr.P.C., her deposition during trial, and medical evidence did not establish penetration – Allegations limited to t...
Criminal Law – Murder Conviction – Common Intention – Appeal Dismissed – Appellants convicted for murder of Karamatullah based on testimonies of three eyewitnesses (PW-7, PW-13, PW-19) – Trial Court relied on direct and corroborated evidence of assault with knives by both accused persons – High Court held that evidence did not suffer from material discrepancies ...
Terrorism – Bail under UAPA – Section 43D(5) – Prima Facie True Test – Appeal Dismissed – Appellant charged with serious offences under IPC, Arms Act, Explosive Substances Act, and UAPA – NIA alleged active involvement in criminal conspiracy, recce, and recovery of arms – Held: Material collected by NIA indicates prima facie truth of allegations under UAPA...
NDPS Act – Conviction under Sections 17(c)/21(c) – Appeal Partly Allowed – Appellants convicted for possession of commercial quantity of Morphine and Opium – Trial Court imposed 20 years Rigorous Imprisonment and Rs. 2 lakhs fine – High Court finds total compliance of Sections 42(1), 42(2), 50, and 52A NDPS Act – No evidence of manipulation or procedural illegal...
Negotiable Instruments Act – Suspension of Sentence – Conditional Deposit – Appellate Court had suspended the sentence under Section 138 NI Act, subject to deposit of 20% of compensation – Petitioner challenged the condition citing financial hardship and failure to record reasons by the Appellate Court – Held: As per Supreme Court in Jamboo Bhandari and Muskan Enterpr...
Matrimonial Law – Maintenance – Minor Husband – Maintainability of Proceedings – Section 125 CrPC – No Bar to Proceedings Against Minor Husband – Husband’s minority at the time of filing of maintenance application under Section 125 CrPC cannot be a ground to hold the proceedings as non-maintainable – Chapter IX of CrPC is applicable independent of pr...
Criminal Law – Outraging Modesty – Discharge – Accused sent old and ugly undergarments of women via parcel to a female school principal with intent to insult her modesty – Accused sought discharge under Section 239 CrPC – Magistrate discharged them from Section 354 IPC but retained charges under Section 509 r/w 34 IPC and Sections 4 & 6 of Indecent Representation ...