Digi - Legal Insights
CRIMINAL LAW
Details
Immoral traffic - Prosecution failed to prove
accused lived on earnings of prostitution or procured victim - Essential
ingredients under Sections 4 and 5 not established - Acquittal upheld - Appeal
dismissed.
CRIMINAL LAW
Details
Premature release -
Sentence Review Board must consider social history, reformation, and conduct in
prison, not merely gravity of offence - Rejection order found arbitrary - Set
aside - Petition allowed.
CRIMINAL LAW
Details
Victims right to
legal representation - Victim entitled to engage eminent Senior Advocate of
choice outside notified panel; refusal by District Magistrate held untenable -
Petition allowed.
CRIMINAL LAW
Details
Bail - Non-compliance with daily reporting condition justified on medical grounds - Condition modified as infructuous - Cancellation of bail quashed - Petition allowed.
CRIMINAL LAW
Details
Bail
and fair trial - Failure to provide effective legal aid vitiates fairness of
proceedings - Cross-examination by accused found inadequate - Sessions Court
directed to rehear bail application with proper legal assistance and relevant
materials.
CRIMINAL LAW
Details
Bail
- Even in allegations of criminal conspiracy and contract killing, where
electronic evidence like voice recordings is unverified and no proclamation
under Section 82 CrPC is issued, applicant cannot be treated as absconder; bail
may be granted with conditions.
CRIMINAL LAW
Details
Quashing
of charge sheet - Accused possessing valid passport cannot be prosecuted for
offence under Foreigners Act and Passport Rules - Charge sheet and proceedings
quashed - Petition allowed.
CRIMINAL LAW
Details
Quashing of FIR - Where parties are married and complainant admits filing under misconception, continuation of proceedings for offence under Section 376(2)(n) IPC is unjust; FIR quashed.
CRIMINAL LAW
Details
Quashing of Criminal Case - Proceedings under IPC Sections 354, 376 and POCSO Act unsustainable where continuance would jeopardize welfare of victim and child born out of wedlock; Court justified in exercising inherent powers under Section 482 CrPC.
CRIMINAL LAW
Details
Conviction under
Section 498A IPC set aside as allegations were vague, general, and
uncorroborated by material witnesses trial court failed to evaluate
inconsistencies.
CRIMINAL LAW
Details
Petition under Section
311 CrPC dismissed as petitioner had no locus to seek impleadment as witness 16
years after crime and trial had already concluded.
CRIMINAL LAW
Details
Issuance of process
under Section 138 NI Act upheld as Magistrate complied with Section 202 CrPC by
examining complainant and documents, despite accused residing beyond
jurisdiction.
CRIMINAL LAW
Details
Conviction under
Sections 120B and 411 IPC set aside as prosecution failed to prove appellants
knowledge or connection with fraudulent transactions and identification of
recovered property was doubtful.
CRIMINAL LAW
Details
Conviction upheld based
on victims consistent testimony corroborated by medical evidence; delay in FIR
not fatal.
CRIMINAL LAW
Details
Conviction set aside as
findings on Sections 304A and 325 IPC lacked clarity on individual role of each
accused and Section 149 IPC was improperly invoked.
CRIMINAL LAW
Details
Conviction confirmed as
victims testimony was consistent and supported by medical and DNA evidence.
CRIMINAL LAW
Details
FIR
quashed as mere failure to repay does not establish intention to deceive from
inception and no evidence of concealment of insolvency.
CRIMINAL LAW
Details
FIR quashed as
complainants own provocative posts invited reaction; audio evidence
cherry-picked.
CRIMINAL LAW
Details
Acquittal upheld as prosecution failed
to prove demand or acceptance of bribe and presumption under Section 20 of
Prevention of Corruption Act was not attracted.
CRIMINAL LAW
Details
Conviction upheld as
demand and acceptance were clearly proved through consistent evidence despite
non-use of anthracene powder.