Criminal Law - Money Laundering – Discharge under Section 227 CrPC – Scheduled Offence – Section 467 IPC included as scheduled offence w.e.f. 01.06.2009 – Accused discharged by Special PMLA Court on ground that alleged predicate offence was committed prior to inclusion of Section 467 IPC in Schedule – Held: Approach erroneous – Offence under Section 3 PMLA is in...
POCSO Act, 2012 – Cross-Examination of Child Victim – Forfeiture of Right – Appellants repeatedly sought adjournments on personal grounds of counsel despite presence of child victim on several dates – Trial Court closed further cross-examination after sufficient opportunity – Held: No illegality or violation of fair trial; forfeiture justified to protect child from re...
Criminal Law – Appeal Against Conviction – Appreciation of Evidence – Benefit of Doubt – Five accused convicted by Trial Court for offences under Sections 342, 365, 376(f) & (g) and 506 IPC – High Court reappreciated entire evidence in appeal – Held: Prosecution failed to prove guilt beyond reasonable doubt – Conviction unsustainable [Paras 21–25...
Bail – Murder and allied offences – Sections 191, 103, 329 BNS – Accused sought bail under Section 483 BNSS – Prosecution alleged brutal group assault resulting in death – Offences punishable with death or life imprisonment – Held: Gravity of offence alone not decisive for denial of bail when similarly placed co-accused have been enlarged on bail [Paras 3–...
Bail – NDPS Act – Regular Bail – Commercial Quantity – Rigours of Section 37 – Petition under Section 483 BNSS for regular bail by accused not found in possession of contraband but alleged to be part of drug trafficking network – Recovery of ₹4,40,000/- as alleged drug money from petitioner and commercial quantity of 140 grams Racemorphan from co-accused &ndas...
Negotiable Instruments Act – Section 138 – Cheque issued for alleged discharge of third-party liability – Absence of proof of legally enforceable debt – Complainant alleged that accused undertook liability of borrower (third party) – No documentary or cogent oral evidence showing acceptance of such liability – Mere oral assertion insufficient – Held: Offen...
Negotiable Instruments Act, 1881 – Section 138 & Section 141 – Quashing of Summoning Order – Parallel Remedies – Forum Shopping – Petitioners challenged summoning orders by invoking inherent jurisdiction of High Court while having already filed criminal revision before Sessions Court – Suppression of pendency of revision held to lack bona fides – Law r...
Prevention of Corruption Act – Demand and Acceptance – Lawful Remuneration vs Illegal Gratification – Appellant Patwari admitted receipt of ₹500/- but contended amount represented legal fees for supply of mutation copies – Prosecution’s own document (Roznamcha Rapat No. 491 dated 01.07.2002) showed lawful fees quantified at ₹480/- prior to alleged trap – Hel...
Criminal Procedure – Inherent Powers – Section 482 CrPC – Quashing of Summoning Order – Petition by parents-in-law – Challenge to order issuing summons for offences under Sections 323, 341, 498A, 307, 313, 506, 34 IPC and Sections 3/4 Dowry Prohibition Act – Held: Where complaint and statements disclose prima facie commission of offences with specific ...
Criminal Law - Benami Property Transactions – Prosecution under PBPT Act – Discharge – Stage of framing of charge – Post-demonetisation cash deposits of ₹68.71 Crores into firm’s account – Accused claimed deposits represented genuine business turnover – Allegations of bogus bills, fictitious transactions and disproportionate income – Held: Defence ...