Criminal Law – Quashment – Section 188 IPC – Section 3 of Epidemic Diseases Act – Proceedings Quashed – Prosecution initiated for alleged disobedience of Government Order dated 13.06.2020 under Section 188 IPC and Section 3 of the Epidemic Diseases Act – No valid order promulgated under the Act was in force on date of alleged offence – G.O.R.T.No.211 expir...
Criminal Law – Murder – Conviction Based Solely on Recovery – Appellant convicted under Section 302 IPC and Section 25 of Arms Act on basis of recovery of pistol and cartridges allegedly used in murder – Prosecution case unsupported by eyewitnesses – PW-1 (complainant) and PW-5 (alleged responder) turned hostile – No other material evidence connecting appellant ...
Criminal Law – Bail – SC/ST (PoA) Act – Delay in Filing Complaint – Appellant accused of repeated sexual assault and offences under BNSS, IT Act, and SC/ST Act – FIR lodged after nearly two years of alleged incident – Charge sheet not filed even after 60 days of arrest – Appellant in custody – Held: Delay in filing FIR unexplained – No further ...
Negotiable Instruments Act – Dishonour of Cheque – Dismissal in Default – Right to Appeal – Complainant's cheque dishonour complaint was dismissed for want of prosecution – High Court held that such dismissal amounts to acquittal – In light of Supreme Court ruling in M/s Celestium Financial v. A. Gnanasekaran, a complainant in a private complaint u...
Criminal Law – Circumstantial Evidence – Murder – Extra-judicial confessions unreliable – CDR/tower-location unproved – No last-seen – Motive absent – Investigation defective – Chain incomplete – Acquittal – Prosecution failed to establish circumstances forming a complete chain consistent only with guilt; conviction unsustainable; benefit...
PMLA – Bail – Section 19 Compliance – Twin Conditions under Section 45 – Arrest Valid – Suppression of Material Facts – Bail Rejected – Petitioner alleged mastermind of ₹6210.72 crore laundering scheme through shell companies and benami assets – Arrest preceded by written “reasons to believe” and grounds communicated – Sec. 19(2) ...
Criminal Law – Murder of Mother by Husband and Son – Conviction Based on Dying Declaration – Deceased, suffering 100% burn injuries, made two consistent dying declarations before doctor and investigating officer accusing her husband and son – Declarations found voluntary, cogent, and free from inducement – Court held: No motive for deceased to falsely implicate close ...
Criminal Law – Cross-Examination – Statutory Right – Accused facing charges under Sections 376(2)(n), 506 & 392 IPC – Opportunity to cross-examine PW-1 (prosecutrix) and PW-2 (her mother) closed by trial court on first day of their examination as defence counsel was unwell – Subsequent application under Section 311 CrPC for recall of witnesses also rejected &ndash...
Rape & Murder of Minor – Circumstantial Evidence – Last Seen – Medical Evidence – Injuries on Accused – FIR Contradictions – Child Witness – Section 106 Evidence Act – Section 29 POCSO – Conviction Upheld – Held: Last-seen circumstance, injuries on accused, medical findings, and recovery of body formed an unbroken chain; discrepancies...
Sales Tax – Set-off – Interpretation of Rule 41D(3)(a) of Bombay Sales Tax Rules – Apportionment on Furnace Oil – Assessee claimed full set-off on purchase of furnace oil used in manufacture of goods, some of which were transferred to branches outside State – Tribunal applied pro-rata reduction of 6% under Rule 41D(3)(a) for such branch transfers – Revenue suppo...