Arms Act, 1959 – S. 25 – licensed Punjab weapon carried ~100 yards into Chandigarh bus route while petitioner asleep – no conscious possession, mens rea, or proof of territorial breach – conviction set aside, acquittal ordered.
Arms Act – Section 25 – Licensed Weapon Carried Beyond Jurisdiction – Acquittal – Petitioner held valid Punjab license fo...
Criminal Law - Appeal against Acquittal – Offences under Sections 336, 427, 447, 506 IPC and Section 3(v) SC/ST Act – Acquittal Affirmed – State challenged acquittal of accused for allegedly damaging construction, pelting stones, and hurling caste-based abuses – Trial Court held land was jointly owned, exclusive possession not proved, civil dispute pending, and prosecution ...
Bail in PMLA Case – Twin Conditions under Section 45 – Rigorous Standard Reiterated – Petition for bail under Section 439 CrPC in context of alleged laundering of ₹2.83 crores under PMLA – Held: Bail in PMLA cases governed by twin conditions under Section 45 – Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty and ...
Criminal Law – Murder - Section 302, 34 IPC - Circumstantial evidence – Extra-judicial confession in police station inadmissible – Section 27 recovery from “simultaneous disclosures” unsafe – Mere presence of body in accused’s house does not by itself trigger Section 106 presumption – Motive not proved – Parity with acquitted co-accused charged...
Criminal Law – Attempt to Murder – Section 307 IPC – Conviction Upheld – Accused stabbed PW2 in abdomen with knife after altercation regarding illicit liquor sale – Evidence of injured PW2 corroborated by wife (PW1), medical officers (PWs 3 & 4), and recovery of bloodstained knife (MO1) with matching blood group – Held: Injury and circumstances established i...
Kidnapping/Abduction/Rape – IPC Ss. 363, 366, 376; S. 375 Exception 2 (pre-2017) – Victim (16+) voluntarily accompanied; Nikah solemnised; cohabitation thereafter – No “taking”/“enticement” proved (S. Varadarajan; Thakorlal) – PCMA makes such marriage voidable; Independent Thought prospective – Convictions set aside; appellant acquitted [Paras ...
Sections 498-A, 306, 107 of IPC - Dowry Harassment & Abetment of Suicide – Acquittal of accused upheld – Revisional jurisdiction limited; no perversity found.
Dowry Harassment & Abetment of Suicide – Sections 498A & 306 IPC – Acquittal Upheld – Petitioner/father of deceased challenged trial court’s acquittal of accused husband – Alleged crue...
Criminal Law - Prevention of Corruption Act – Procurement Fraud – Quash Petition – Allegations that petitioner (Assistant Executive Engineer, TWAD Board) colluded with Executive Engineers and private parties (fictitious firms) in procurement of HDPE materials under forged tender documents – Petitioner contended departmental charges on same facts dropped in 2007; co-accused ...
Quick Capsule – Essential Commodities Act – Wheat hoarding – Recovery from shop doubtful, seizure memo silent on place, no independent witnesses – Defence evidence of farmers storing wheat outside shop credible – Presumption under Section 10-C rebutted – Conviction set aside – Appeal allowed [Paras 14–28].
ECA – Licensing restriction –...
Essential Commodities Act – Kerosene seizure – Serious procedural lapses (no seal/label, no weighing, seizure list at PS, doubtful spot seizure) – Prosecution failed to prove case beyond reasonable doubt – Conviction set aside – Appeal allowed [Paras 7–13].
ECA – Contravention of Control Order – Proof standards – Failure to affix seal/label ...