Dowry Death - Presumption under Section 113B of Evidence Act - Appeal against Conviction - Death caused by consumption of pesticide (Aluminum Phosphide) - Held, once prosecution proves ingredients of dowry death, presumption under Section 113B arises, shifting onus to accused to prove innocence - Conviction upheld for husband Ranjit Singh. [Para 11-12]
"Soon Before" Death - ...
NDPS Act - Compliance with Section 42 - Conviction Challenged - Search and Seizure from Private Vehicle - Secret information not reduced to writing - No evidence of information conveyed to senior officer - Held, a private vehicle does not qualify as a 'public place' under Section 43 - Provisions of Section 42 are mandatory - Conviction set aside due to non-compliance with Section 42. [Para...
Prisoners' Rights - Unauthorized Possession of Mobile Phone - Parole Denial - The court examined whether the unauthorized possession of a mobile phone by a prisoner, without any accompanying conviction or evidence of misuse, justifies the denial of parole. The court emphasized that such denial, in the absence of a full trial or a conviction, infringes upon the presumption of innocence, a corne...
Juvenile Justice – Bail – Juvenile not named in FIR – Co-accused’s disclosure – Impugned orders rejecting bail lacked reference to social background report – Bail allowed – Held, both impugned orders failed to reference or consider the social background report – Courts below based rejection on surmises and conjectures without fulfilling the statutory...
Criminal Procedure – Further Investigation – Court quashed the Sessions Court's order directing further investigation by the CID – Held that the Sessions Court erred in directing a different investigating agency (CID) to conduct further investigation – The power to order further investigation under Section 173(8) Cr.P.C. lies with the original investigating agency unles...
Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court ...
Criminal Procedure – Regular Bail – NDPS Act – Non-compliance with Section 42 – Petitioner, arrested for possession of 1 kg of heroin and a pistol, sought bail citing non-compliance with Section 42 of the NDPS Act – Court noted failure to document and communicate secret information as required – Bail granted, recognizing potential document fabrication and extend...
Negotiable Instruments – Section 138 Conviction – Compromise – Conviction under Section 138 of the Negotiable Instruments Act – Petitioner sentenced to rigorous imprisonment and compensation – Appeal dismissed – During revision, parties reached a compromise – Court observed that as the offence is compoundable and the compromise is bona fide, the conviction...
Criminal Procedure – Quashing of FIR – Section 174-A IPC – Non-appearance in Court – FIR registered against the petitioner for non-appearance in trial proceedings – Petitioner later granted anticipatory bail and acquitted in the main case – High Court held that continuation of proceedings under Section 174-A IPC after acquittal in the main case constitutes abuse...
Constitutional Law – Protection of Life and Liberty – Live-in Relationship – Article 226 of the Constitution of India – Petitioners, adults in a live-in relationship, sought protection from threats posed by disapproving relatives – One petitioner was still legally married to another individual, complicating their situation – Court held that the protection of lif...