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PMLA & PC Act: Prosecuting the person accused of an offence under Section 13(1)(e) of the PC Act as well as for an offence under Section 3 of PMLA would not amount to double jeopardy

-April 25, 2024

Prayer - Crux of the case - Trial court’s order - Petitioner’s Side Submission -Respondent’s Side Submission - Criminal Revision Case - Criminal Original Petition - Observation of this Court - Section 44 PMLA is exception to section 190 Cr.P.C - Since there is no committal proceedings and hence section 202 (2) Cr.P.C does not arise - Procedure: Since there…

Section 27 IEA: I.O did not narrate the exact words spoken by the accused while making a disclosure statement

-April 21, 2024

The Hon'ble High Court of Madhya Pradesh dismissed an appeal related to a case of robbery and assault. However, the assailant was not identified. The appellant was arrested on suspicion and case articles were recovered from him. The informant identified the articles, and a final report was filed. Conclusions were reached during the trial and appeal that the appellant is…

Act 14 of 1982: Sexual offender: Unexplained delay of 21 days in considering the representation is prejudice to the detenu (with direction to the state government on giving counselling to the arrested teenagers)

-April 21, 2024

Prayer-Detenu was detained as sexual offender-Petitioner side contention on procedural safeguard violations-Respondent’s side Contention-Delay in submitting the remarks by the Detaining Authority-Cited with precedents-Unexplained delay of 21 days in considering the representation is prejudice the detenu-High Courts Directions.

Cheating: After consideration if the land was not transferred to the complainant or did not exist or had been sold or transferred to somebody else then it is cheating

-April 21, 2024

The State has challenged an order rendered by the Hon'ble High Court of Rajasthan, which had quashed the FIR registered against the respondent for cheating in the sale of land. The respondent had neither returned the amount nor handed over the land to the complainant. However, it is not the case that the land was not transferred to the complainant,…

Protest petition: When the Magistrate does not treat the protest petition as a complaint and rejects it then the complainant can file a fresh complaint

-April 20, 2024

An appeal has been filed against an order under section 482 CRPC to quash a summoning order. The summoning order was issued after a final report was lodged based on information received. However, a protest petition was filed alleging the investigation was unfair. The Chief Judicial Magistrate (CJM) rejected the police report and summoned the accused after taking cognizance of…

Observation of Hon’ble High Court that once the police recorded statements of the Doctor and PW-4, the statements of PW-4 and the Doctor before the Court became meaningless is contrary to section 162 Cr.P.C

-April 14, 2024

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…

Custody death or Station death: If the death takes place inside the police station the accused persons should be punished for the offence under section 302 IPC

-April 5, 2024

Praying to register fir under section 302 IPC, change of investigation agency to CBI and further prayer for direction of appropriate compensation - Crux of the prosecution - Deceased was brought dead to government hospital and injuries found as antemortem in nature 3 to 4 days prior to the death - Second opined from Professor of forensic department as cause…

Juvenile Justice Act, 2015: Though offences POCSO and Murder have been proved accused acquitted based on procedural illegalities

-March 30, 2024

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…

When chief-examination of Prosecution witness is being recorded presence of accused advocate is required to object to a leading or irrelevant question being asked to the witness

-March 30, 2024

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…

Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen

-March 22, 2024

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.

Sentence modified into section 304 part II: Deceased died when appellant fired in the open sky in a marriage ceremony though unfortunate but having no enmity and intention

-March 12, 2024

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…

Section 451 / 457 Cr.P.C: Return of Property: There is no bar to release the property in NDPS Act

-March 11, 2024

After reviewing the submissions, it is confirmed that the petitioner is the vehicle owner and not involved in the case. The vehicle was rented out to A1/Balamurugan, with no contraband found. Due to the vehicle being exposed to weather since seizure, further detention could damage it. Citing the Apex Court's decision in a similar case, the Court is inclined to…

Custody of child in Mohammaden Law: No system of adoption of child in Mohammaden law: Custody of children is the welfare of children and not the right of their parents

-March 8, 2024

Against the order passed by the Hisgh Court in a Writ Petition- No system of adoption of child in Mohammaden law. It is only Kafalah, in terms of which only custody can be given to another person, however, the child does not sever relations with biological parents - custody of a minor child in parens patriae jurisdiction - Time gap…

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APPRECIATION OF EVIDENCE EXPLAINED.

June 11, 2023/

DISCUSSION SCOPE OF APPEAL FILED AGAINST THE ACQUITTAL 25. While dealing with an appeal against acquittal by invoking Section…

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