Criminal Law - Corruption – Illegal Gratification – Sections 7 and 13(1)(d) r/w Section 13(2), Prevention of Corruption Act, 1988 – Demand Not Proved – Appellant, a clerk in RTO office, allegedly demanded Rs. 25 for issuing driving licence – Trap arranged but complainant not examined during trial – No explanation by Investigating Officer for complainant’s ...
Criminal Law – NDPS Offence – Conscious Possession – Meaning and Scope – Conviction under Section 15 NDPS Act requires proof of conscious possession – Possession implies control with awareness of its nature – Once possession established, burden shifts to accused under Sections 35 and 54 NDPS Act to explain innocence – However, failure to question accused o...
Juvenile Justice – Claim of Juvenility – Section 7A of the Juvenile Justice Act – Appellant convicted under Section 302/149 IPC and sentenced to life imprisonment – Plea raised for the first time before the Supreme Court that the appellant was below 18 years of age on the date of offence (28.08.2002) – Held: In view of the proviso to Section 7A(1), claim of juvenility...
Criminal Law – Conspiracy – Essential Ingredients – Agreement between two or more persons to commit an illegal act or legal act by illegal means is sine qua non – Mere suspicion, knowledge, or discussion not sufficient – Conviction under Section 302 read with 120B IPC cannot be sustained when co-accused were not charged under Section 120B – Offence of conspiracy...
Criminal Law – Evidence – Confession and Recovery – Sections 25, 26, and 27 of the Evidence Act – Scope and Admissibility – Accused, while in police custody, recovered stolen items (a box and a key) without making any direct confession of guilt – Held: Statement relating distinctly to the discovery of the article is admissible under Section 27 – Confession...
Criminal Law – Forgery and Cheating – Loan Fraud – Proof of Partnership and Entrustment – Petitioners (A1 and A2) convicted for conspiring with absconding co-accused Sethuraman to obtain Rs.25.95 lakh loan from Central Bank of India by submitting forged mortgage deeds and fake valuation certificates – A1 claimed false implication and absence of proof of partnership &n...
Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Cloaked as Criminal Offence – Sections 406, 420 IPC – Quashment Allowed – Petitioners (OYO and its Directors) challenged proceedings initiated by the complainant alleging cheating, breach of trust and conspiracy regarding hotel management agreements – The dispute pertained to contractual breaches, revenue...
Cognizance – Closure report – Magistrate relying on complainant’s statement and affidavit – Error in law – Matter should have been treated as complaint under s.190(1)(a) CrPC – Impugned order set aside; liberty to proceed under Chapter XV CrPC [Paras 12-16, 23-24].
Cognizance – Scope of Magistrate’s power – Magistrate not bound by investigat...
Criminal Law – Discharge – Scope under Sections 438 & 442 BNSS (Corresponding to Sections 227–228 CrPC) – Revision against rejection of discharge – Petitioner/Accused No.11 sought discharge on the ground that his name did not appear in FIR or witness statements and that the only material against him was the confession of Accused No.4 before police – Held: At...
Criminal Law – Abetment of Suicide – Mens Rea – Adequacy of Sentence – Section 306 IPC – Section 377 Cr.P.C. – State sought enhancement of sentence imposed on accused-husband convicted under Sections 498A and 306 IPC for wife’s self-immolation following repeated quarrels and physical abuse under intoxication – Evidence showed deceased committed suici...