Criminal Law – Gang Rape – Acquittal – Appellant convicted under Sections 376(D) IPC and 6 POCSO Act for sexually assaulting minor with co-accused – Trial Court imposed 20 years RI – High Court finds prosecution evidence riddled with contradictions regarding place of occurrence and disclosure of incident – FIR delayed by 16 days with inconsistent explanations &n...
Criminal Writ - Preventive Detention – Grounds Vague – Documents Not Supplied – Detention Quashed – Detenu was detained under PIT NDPS Act vide order dated 20.12.2024 – Grounds of detention alleged past FIRs, many of which were closed or under trial – FIR details including status of bail not disclosed – Held: Failure to provide relevant documents and vague...
Criminal Procedure – Section 311/91 CrPC – Recall of witness / production of documents – Victims challenged rejection of prosecution request to recall PW-14 to mark two 2007 “appreciation letters” allegedly issued by A-1 – Held: Letters concerning a prosecution witness (not victim/informant/accused) 17 years earlier are not essential to the just decision of POCS...
Criminal Law – Quashing – Section 482 CrPC – Scope – Petitioners sought quashing of proceedings in C.C. No. 17248/2019 alleging false implication based on fabricated agreement – Court reiterated inherent powers under Section 482 must be exercised sparingly in rare cases to prevent abuse or secure ends of justice – When disputed facts exist, particularly genuinen...
Criminal Law – Rape Allegation – Delay in Complaint – Summoning Order Quashed – Private complaint filed in 2014 alleging rape and caste atrocity based on incidents from 2010 – Cognizance taken under Section 376 IPC after magisterial inquiry – Appellant alleged consensual relationship and misuse of legal process – Held: Four-year unexplained delay, lack of ...
Criminal Law – Murder – Common Intention – Appellants convicted under Section 302 read with Section 34 IPC for killing the victim after being confronted for stealing mangoes – Eyewitnesses PW 2 (wife) and PW 3 (sister) consistently deposed to the assault using sharp weapons – Medical evidence corroborated homicidal nature of death – Held: Appellants shared commo...
Negotiable Instruments – Section 138 – Dishonour of Cheque – Presumption – Accused admitted borrowing ₹1,50,000 and issuance of cheque – Defence that cheque was for security not accepted – Held: Once issuance and signature are admitted, presumption under Sections 118(a) and 139 NI Act arises – No rebuttal evidence led by accused – Conviction upheld...
Criminal Law – POCSO – Acquittal – Conviction of appellant under Section 8 of POCSO Act based solely on testimony of victim – High Court finds victim admitted to being tutored by her mother and others – Multiple contradictions in statements under Sections 161 and 164 Cr.P.C. – Independent witnesses (PW4, PW5, PW9) did not support prosecution case – Medical...
Criminal Law – Clubbing of FIRs – Investor Fraud – Petitioners sought consolidation of FIRs registered across Telangana, Karnataka, Maharashtra, West Bengal, Delhi, Andhra Pradesh, and Rajasthan alleging identical modus operandi of duping investors – Court held prayer to club all FIRs from different States and even future FIRs “overambitious and illegal” –...
Criminal Law – Murder – Acquittal – Sole conviction based on dying declaration – Deceased allegedly assaulted by accused Tarun Sharma and others – Trial court convicted appellant under Section 302 IPC relying upon alleged dying declaration (Exh. P-34) and recovery of knife based on disclosure (Exh. P-24) – High Court affirmed conviction without providing effecti...