Criminal Law – Robbery – Doubtful Identification – Nighttime Crime – Conviction Set Aside – Petitioners (A1 & A3) convicted for stabbing and robbing two employees carrying ₹16 lakhs – Conviction confirmed by appellate court – However, eye-witnesses (PW1 & PW2) admitted to contradictions regarding identity, absence of lighting, prior exposure to a...
Criminal Law – Quashing of FIR – Allegations of Cheating and Forgery in Judicial Process – Petitioner accused of filing a writ petition using complainant’s name and forged signature to obtain favourable court orders – Judicial enquiry held by Registrar revealed lapses by petitioner’s advocate, advocate’s clerk, and oath commissioners in verifying documents...
Criminal Law – Attempt to Murder – Section 307 IPC – Distinction in Role of Co-Accused – Appellants Vishunath and Arjun Pasi convicted under Section 307 IPC for causing injuries to Kallu – Injured deposed that Arjun Pasi fired at him with a country-made pistol causing a firearm wound in lower abdomen/pelvis, a vital part – Vishunath allegedly hit with a danda on...
Criminal Trial – Murder – Identification Evidence – Dock Identification After 8½ Years – Invalid TIP – Procedural Irregularities in Video-Conference Testimony – Recovery Not Connected to the Crime – Bloodstains Not Matched – Hostile/Infirm Evidence – Held: Conviction unsustainable; prosecution failed to prove guilt beyond reasonable doub...
Criminal Law – Summoning Of Call Detail Records (CDR) Of Investigating Officers - Electronic Evidence – Fair Trial – Appellant accused of possession of heroin and alprazolam, arrested by NCB officers near Yashica Palace hotel, Indore – Appellant disputed arrest location and sought mobile tower location and call data records of the arresting officers to demonstrate they were...
Criminal Law – Murder Trial – Acquittal – Appellants convicted by Trial Court for murder of victim based on eyewitness testimony of victim’s wife and recovery of firearm – Prosecution alleged that appellants came on a black motorcycle and shot the victim in front of his wife – Medical evidence confirmed bullet injuries – High Court found inconsistencies in...
Criminal Law – Sections 307, 323, 504, and 506 IPC - Acquittal – Appeal under Section 419 BNSS – Sole testimony of injured complainant not supported by medical evidence – Delay of 16 days in initiating prosecution remained unexplained – No independent witness produced despite being named – Suppression of fact that accused had also sustained injuries and police p...
BNSS – Quashing of FIR – Compromise – Dacoity Allegation – Absence of Dishonest Intention – All property returned – FIR lodged against unknown persons – High Court erred in sustaining Section 310(2) BNS (dacoity) despite quashing other offences – Held: Allegations do not satisfy ingredients of theft/robbery/dacoity; entire FIR quashed under Article 1...
Criminal Law – Quashing of Proceedings – Securities Market Fraud – Consent Order by SEBI – Not a Bar – Petitioners sought quashing of FIR alleging conspiracy in IPO scam through fraudulent demat accounts to corner retail investor quota – Alleged offences under IPC include cheating, forgery, and criminal breach of trust – Petitioners contended SEBI's co...
Criminal Law – Section 94 BNSS – Right to Fair Trial – Electronic Evidence – Application under Section 94 BNSS seeking preservation of mobile tower location and CDR of SHO’s mobile number for specified duration prior to and after alleged contraband recovery – Trial Court rejected application – Held: Accused entitled to summon relevant electronic records ne...