Challenge against the reversal of acquittal by the Hon’ble High Court - Facts of the case: Section 302 IPC - Trial court acquitted the appellants but Hon’ble High Court overturned the sentence and sentenced to life - It is well-settled principle that an order of acquittal further strengthens the presumption of innocence of the accused - Unless there is statutory…
Terrorist Act: Any act must be done with intent to threaten or likely to threaten the unity, integrity, security, economic security or sovereignty of India or such act must be accompanied with an intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country. Appeal against…
Tutoring a witness: Police cannot tutor prosecution witnesses. Police interference with the judicial process is a misuse of power.
Challenging the reversal of acquittal by the High Court - Case rests on circumstantial evidence - Chain of evidence must be complete as against the accused without any hypothesis except the accused is guilty - Suspicious cannot take place of proof - The law regarding interference by the appellate court Homicidal death is admitted fact - Appreciation of trial court…
Appellant convicted under section 138 NI Act - Whether accused can be held guilty whereas the competent civil jurisdictions already passed decree in connection with the same transaction - Proceedings and facts before the lower court - Same cheque was in issue before both civil and criminal courts and the conclusions of the courts below.
Madras High Court after considering the facts has held that non-disclosure of impotency during marriage is an offence under sections 417 & 420 IPC and further directed the investigation agency to add offences in the fir.
Appellant has taken obscene photographs of the neighbour ‘X’ and blackmail to extort money - Prime accused enlarged on bail - High Court allowed Anticipatory Bail to the accused and subsequently dismissed on the application filed by the complainant section 439 (2) Cr.P.C - Concept of anticipatory bail - Present appellant had been charged only under section 120B and section…
Challenge against the dismissal of criminal appeal by the Hon’ble High Court - Observation of the Trial court after the conviction - Child was not returned home from a shop and could not be traced hence fir registered - Victim (deceased) was last found with accused - Accused confessed and based on that dead body recovered and after post-mortem it…
Challenge against the dismissal of order under section 482 Cr.P.C - Deceased died due to non-vacation of his house by his brother (accused) - Quash petition filed after charge sheet was filed - Except the appellant told the deceased to go out and die there is no other allegations brought on record - Appellant was in USA and there is…
Charge against the appellants are under sections 419, 420 of IPC and sections 66 read with 43 (j) and 66D of IT Act. Trial judge recorded 12 Prosecution witnesses Chief-examination without recording their cross-examination. Trial proceeded as per the direction of the Hon’ble Madras High court but appellants did not engage any advocate. Trial court ought to have provided legal…
The cause of death of a young woman in Delhi remains a mystery in this complex legal case. After a legal battle the relatives of the young woman (deceased) obtained investigation by CBI.
Appeal against FIR dismissal seeks to quash case under Section 420 IPC. Apex court has held that there is no fraud, cheating, and criminal breach of trust allegations in this legal battle further quashed the case. Also Supreme court has insisted that if only civil remedy lies but criminal proceedings filed then the complainant must face the consequences.
Appellant challenges High Court order on FIR No. 31 of 2020, involving Sections 153A, 500, 501, 504, 34 & 120B IPC. Hon'ble Supreme Court has quashed the FIR stating that there is no allegation to constitute offences under section 154A IPC and other IPC offences.
Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen. General principles regarding the innocence of accused. Witness did not say that the accused were seen nearby the dead body. Recovery is from open place accessible to one and all. Accused aquitted.
The conviction under section 397 r/w 395 IPC is challenged due to the lack of proper identification parade and dock identification for the first time. Hon’ble Supreme Court accepted the contention challenged and acquitted the accused.
The application under Section 143A of the NI Act aims to add interim compensation to the accused's plea. Section 143A(1) applies after the accused's plea is recorded, while Section 143A(1)(b) applies only to warrant cases. Interim compensation can be recovered as a fine under section 421 Cr.P.C. The appellate court can exercise discretion in directing payment. This case is remanded…
In this appeal, the appellant challenges the High Court's decision of dismissing his bail application. The Hon'ble Supreme court has called for details on charge sheet filed. After reviewing the chargesheet, it lacks necessary details, therefore, Apex court has directed the Director General of Police (DGP) of Jharkhand will ensure and take necessary steps to comply with appropriate law laid…
Section 304 Part II deals with culpable homicide not amounting to murder. In this case, the deceased tragically lost his life when the appellant, without any malice or premeditation, fired a gunshot into the sky during a joyous wedding ceremony. Hon'ble Supreme court has concluded that though it is cruel act but without any intention or enmity and modified the…
Appeal against High Court order on summoning call details during criminal proceedings in Rajasthan. Accused's application rejected by Trial Court, allowed by High Court. Important legal implications discussed.
Trial court placed burden on accused regarding case diary corrections, Missing pages. Convicted under section 302 IPC, seeks acquittal after confirmation by High Court.
Head notes: Prayer - Fact - Petitioner’s side Argument - Respondent’s Side Argument - Reference with Supreme Court &High…
AS PER SECTION 53, OFFICERS UNDER NDPS ACT CONFESSION GIVEN BY ACCUSED 10. Though the two independent witnesses were…
The first respondent has made part-payments after the debt was incurred and before the cheque was encashed upon maturity.…
21. Nonexamination of Ms Rashmi and Horam, father of Vijay Pal Singh also has no material bearing. It is…
Head note: Madras High Court - In the case on hand the petitioner is the custodian of the jewels…
Case laws regarding 'Murder cases' - exclusive.
Head note: Apex Court - Consideration of findings of two courts - Sole-eye witness is not the actual eye-witness…
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