Criminal Law – Culpable Homicide – Conviction under Section 304 Part II IPC – Reversal – Prosecution case based on alleged assault by accused with sticks and hoe – Majority of eye-witnesses turned hostile and did not support prosecution – Medical evidence inconsistent and case papers indicated “accidental injuries” – FIR and subsequent statemen...
PMLA – Discharge – Predicate offences – Proceeds of crime – Scope of S.3 PMLA – Accused not named in scheduled offence – Maintainability of prosecution – Prima facie case – Revisional interference – Held: Where investigation disclosed subsisting scheduled offences and prima facie generation and layering of proceeds of crime through illegal acti...
Criminal Law – Discharge – Re-allotment of Institutional Plot – Former Chief Minister ordered re-allotment of resumed plot to AJL at original rates plus interest – Decision ratified unanimously by Authority – No court declared re-allotment illegal – No material showing wrongful loss or pecuniary gain – Held: Essential ingredients of Sections 120-B, 420 IPC...
Criminal Law – Sections 147, 148, 186/34, 353/34, 307/34 IPC – Unlawful Assembly – Obstruction of Public Servants – Acquittal – Appellants convicted by Additional Sessions Judge, 5th Fast Track Court, Malda for allegedly forming an unlawful assembly on 09.03.1993 at Piyasbari, armed with arrows, hasua, lathis and other weapons, and obstructing and assaulting police pe...
Money Laundering – Freezing of Bank Accounts – Section 17(1A), PMLA – Proceeds of Crime – Respondent Zo Pvt Ltd, a wholly owned subsidiary of Winzo Games Pvt Ltd, had its bank accounts frozen under Section 17(1A) of the PMLA on 30.12.2025 – Enforcement Case Information Report registered on the basis of multiple FIRs alleging cheating, forgery, conspiracy and fraud in ...
Prevention of Corruption Act, 1988 - Illegal Gratification - Conviction under Section 7 and Section 13(2) - Appellant serving as Constable in Excise Department demanded Rs. 500/- as illegal gratification from complainant involved in contraband liquor business - Threatened complainant with false implication if amount not paid - Trap organised by Vigilance Department on 19.06.1990 - Five currency no...
Criminal Law – Gang Rape – Conviction and Acquittal – Appellants convicted by Trial Court under Section 376(2)(G) and Section 506 IPC and sentenced to 10 years rigorous imprisonment – Conviction upheld by High Court – Supreme Court finds that prosecution case rests solely on testimony of prosecutrix without corroborative evidence – Testimony suffers from materia...
Criminal Law – Rape – Acquittal – Double Presumption of Innocence – Sections 376 and 452 IPC – Appeal by State Dismissed – Accused acquitted by trial Court on appreciation of discrepancies in prosecution witnesses' statements and DNA report negating match between semen on prosecutrix's salwar and accused's blood sample – State challenged acquit...
Criminal Law – Multiple Murders – Conviction under Sections 302/149, 307/149 IPC – Five persons allegedly killed by 15 named and 7-8 unknown assailants – Trial Court convicted 11 accused – High Court found material contradictions in ocular evidence of P.W.1 (widow), P.W.2 (informant) and P.W.3 (injured child) – Serious doubts regarding presence, identification i...
Criminal Law - Murder - Conviction under Section 302 IPC - Last Seen Theory - Appellant brought victim to rented accommodation on 1st November 2010 at 8:30 p.m. - Victim found dead on 3rd November 2010 locked inside room - Appellant last seen with victim when they checked into premises - Appellant seen alone outside premises early morning on 2nd November 2010 by landlord and his wife - Appellant d...