Digi - Legal Insights

Conviction under POCSO Act cannot be sustained where victim and key witness fail to identify accused in Court.

Victims testimony is credible and should be accepted, as circumstances raised do not justify dismissing her evidence hence, Trial Courts judgment is set aside and Respondent is convicted under several sections of Indian Penal Code and sentenced of ten years in rigorous imprisonment and a fine of Rs. 5,00,000.

Complainant has not given any material to demonstrate actual payment of ₹ 17, 50, 000/- made to accused in any manner, even purpose of such payment is not specified hence, right of accused to cross-examination complainant and his witnesses cannot be curtailed.

Under Prevention of Money Laundering Act, prosecution is not permissible without an active predicate offence, which is rendered non-existent following a discharge or quashing of FIR, thereby restricting Enforcement Directorates jurisdiction.

Applicant, a foreign national with valid passport until 15.10.2028, is a first-time offender without prior criminal records, except for current conviction hence, impugned orders and judgment is suspended and Applicant, is directed to be released on bail, subject to specific conditions.

In absence of recovery or corroborative evidence establishing robbery, conviction can be altered to a cognate minor offence under Section 325 IPC where grievous hurt is proved.

Mere fact that injury was caused on a non-vital part of body does not by itself exclude applicability of Section 307 IPC when requisite intention or knowledge is prima facie disclosed.

Petitioner is permitted to seek second expert opinion from independent agency, such as Central Forensic Science Laboratory (CFSL) on specific queries, which can be formulated by petitioner with help of expert of his choice.

In cases involving abuse of authority by law enforcement officers, the grant of anticipatory bail must be evaluated strictly considering the gravity of the offence.

Deficiencies in maintaining Form F constitute substantive violations rather than technical errors.

Third Judge cannot reverse unanimous findings on appeals where no disagreement existed.

In cases of circumstantial evidence, the prosecution must establish a complete chain of circumstances unerringly pointing to the accuseds guilt, excluding all hypotheses of innocence.

Appellant has been rightly convicted by Sessions Court hence, impugned order of conviction of Appellant, uphold.

To attract offence of attempt to murder, determining factor is intention or knowledge of accused rather than grievousness or fatal nature of injuries inflicted.

Grant of anticipatory bail is very extraordinary remedy and said power is not to be used in regular course hence, ad-interim protection granted to Applicant stands vacated forthwith.

Prosecution must establish that promise to marry was made with a deceitful intention from very beginning and was never intended to be fulfilled.

A conviction based solely on circumstantial evidence cannot be sustained if chain of circumstances is incomplete.

Statutory presumptions of guilt under POCSO Act do not absolve prosecution from establishing foundational facts beyond a reasonable doubt.

All cases involving BA/1832, BA/5169, BA/4341, and BA/1221 saw prolonged imprisonment over four years leading to a potential violation of right to a speedy trial; thus, those applicants may be released on bail with conditions.

Mere recovery from an intermediary without independent corroborative evidence linking demand and receipt to accused is insufficient.