Criminal Law - Penal Code – Section 302 vs. 304 Part II – Medical Evidence Inconclusive – Conviction Altered – The Supreme Court upheld the High Court’s reduction of conviction from Section 302 read with 149 IPC to Section 304 Part II – Held: Post-mortem report and doctor’s deposition failed to conclusively establish death resulted from injuries caused by ...
Criminal Law – Acquittal Set Aside – Appeal by the de facto complainant and the State against the acquittal of accused persons for offences under Sections 143, 147, 148, 323, 324, 341, 354, 307, 447, 504 read with 149 IPC – Sessions Court acquitted accused on 04.02.2017 – High Court found that a counter-case was registered against the complainant's side but was not comm...
Bail – Proviso to Section 45(1) PMLA – Old Age and Infirmity – Bail Granted – Petitioner aged 86 years with multiple age-related ailments including cognitive impairment, dementia, and history of falls – Held: Petitioner falls within the category of “infirm” under the proviso to Section 45(1) of the PMLA – Not required to satisfy twin conditions under...
Criminal Law – Anticipatory Bail – Injury Not Grievous – Bail Granted – Petitioner sought anticipatory bail in a case involving an attack with deadly weapons—Prosecution alleged he inflicted a sword blow on the victim’s right arm—Held: Petitioner was not the main accused, and the grievous injury was attributed to co-accused—Considering absence of pri...
Criminal Procedure – Power of Magistrate Under Section 156(3) CrPC – Order for FIR Quashed – The trial Magistrate took cognizance of the complaint, recorded the complainant’s preliminary statement under Section 200 CrPC, and directed an inquiry under Section 202 CrPC – Despite this, the Magistrate later ordered registration of an FIR under Section 156(3) CrPC – ...
Criminal Law - Rape – Child Victim – Conviction Restored – Acquittal by High Court Set Aside – The appellant-State challenged the High Court’s decision acquitting the respondent-accused of rape charges – The Trial Court had convicted the accused based on medical evidence and eyewitness testimony but was overturned by the High Court on grounds of contradictions i...
Framing of Charge under Section 324 IPC – Justified under Section 216 CrPC – The appellant Ram Kailash Singh was charged under Section 324 IPC on the day of judgment. The Court held that Section 216 CrPC permits such alteration if no prejudice is caused – Held: Since full cross-examination had occurred and no objection was raised, framing of charge immediately prior to judgment w...
Bail - Economic Offenses – Stringent Bail Conditions – Pre-Arrest Bail Denied – Petitioner, a former director of SRS Banquets & Resorts Ltd., sought anticipatory bail in a case involving fraudulent bank loans, fund siphoning, and misrepresentation in financial statements—High Court held: Economic offenses have grave societal impact and require stricter scrutiny—Ba...
Criminal Procedure – Maintainability of Second Criminal Appeal under SC/ST Act – Not Permissible – The primary issue was whether an accused can file a second appeal before the High Court after dismissal of a previous bail appeal under Section 14A(2) of the SC/ST Act – The Court held that once an appeal is dismissed by the High Court, a second appeal against the same order r...
Criminal Law - Rash and Negligent Driving – Absence of Direct Evidence – Conviction Set Aside – The petitioner, a bus driver, was convicted for rash and negligent driving, causing an accident that resulted in multiple injuries and one fatality – The prosecution relied on circumstantial evidence, as no witness directly observed the petitioner driving negligently – Held...
