Criminal Law – Cruelty by Husband or Relatives – Section 498A IPC – Appeal against conviction – Trial court acquitted accused of dowry death under Section 304B IPC but convicted husband and mother-in-law under Section 498A IPC – Mother-in-law died during pendency of appeal – Appeal proceeded only against husband – Held: Ingredients of Section 498A not prov...
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 ...
Drugs and Cosmetics Act, 1940 – Criminal Prosecution – Cognizance and Summoning Order – Scope of Interference in Revision – Revisionists challenged the summoning order contending lack of application of mind, absence of valid sanction, procedural irregularities in sampling, and non-compliance with Rule 46 of Drugs Rules – Held: At the stage of cognizance and summoning,...
NDPS Act – Quashing of Proceedings – Section 482 Cr.P.C. – Accused implicated only on basis of voluntary/confessional statements recorded under Section 67 NDPS Act – No independent corroborative material linking petitioner to offence – Continuation of prosecution held to be abuse of process of law [Paras 8, 11].
Section 67 NDPS Act – Evidentiary Value –...
Criminal Law – Murder – Appeal Against Acquittal – Victim’s Appeal and State Appeal – Prosecution alleged conspiracy and murder of deceased Jayaram by Accused Nos.1 to 4 using chopper and sickle – Trial Court acquitted accused for offences under Sections 302, 120-B, 450 read with Section 34 IPC – High Court reappreciated entire evidence – Held: No pe...
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 ...
NDPS Act – Suspension of Sentence Pending Appeal – Commercial Quantity – Appellants convicted for recovery of 81.303 kgs of ganja sought suspension of sentence during pendency of appeal – Long period of custody (more than 2 years and 10 months) and arguable infirmities in prosecution case considered – Held: Appellants made out a prima facie case warranting suspension ...
Criminal Law – Murder of Minor – Circumstantial Evidence – Last Seen Theory – Appellant convicted for murder of 10-year-old boy and for causing disappearance of evidence – Child last seen alive in company of appellant who took him on cycle on pretext of showing exhibition – Deceased later found dead near canal in another district – Medical evidence proved ...
Criminal Law – Murder Conviction – Circumstantial Evidence – Acquittal – Appellant convicted under Section 302 IPC for murder of his wife on allegation of assault with sickle – Conviction based on motive, recovery of weapon and clothes, FSL report and judicial confession under Section 164 Cr.P.C. – High Court held that prosecution failed to establish a complete ...
The Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presump...