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Prosecution has to establish the guilt of the accused beyond reasonable doubt and must prove the allegations by oral or documentary evidence forming a complete chain of circumstances.
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“The offence alleged strikes at the integrity, expected from a public servant more particularly a judicial officer.”
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The court held that the case was a clear instance of abuse of authority and fell within the category of the rarest of the rare cases.
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The Rouse Avenue Court underscores that freezing of bank accounts requires a direct link to the alleged offence and strict compliance with BNSS procedures.
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“The FIR number given on the top of the documents clearly indicated that either the FIR was recorded prior to the alleged recovery or the number was inserted after its registration.”
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“Criminal liability is founded on legally admissible material capable of giving rise to a sustainable inference, and not on conjecture, or investigative imagination.”
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“The Court is not to act merely as a post office or a mouthpiece of the prosecution. The Court must apply its judicial mind to the record to assess whether the material, taken at face value, discloses the essential ingredients of the alleged offence and raises grave suspicion, as distinct from a mere suspicion.”
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“In commercial transactions, especially in the travel industry, group bookings for festive periods are made precisely to capitalize on predictable seasonal demand.”
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“The procedure which the IO needs to follow at the time of arrest is not a mere formality. Its purpose is to inform the accused of the grounds and reason of arrest so that he knows the allegations and can prepare his defence, and to ensure proper legal representation to defend personal liberty.”
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“Reputation of a person/enitity in invaluable right, the breach of which cannot always be compensated in monetary terms.”
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“No interview was carried out during investigation or inquiry, no psychological assessment was conducted, and no effort was made to find out the mental capability of child in conflict with law”
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“The lack of clarity with respect to the actual place of occurrence of the alleged incident along-with lack of specific allegations in testimony cast serious doubt over the case of prosecution.”
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“They have been vociferously endorsing, supporting, and promoting the sentiments as well as provoking the people of Kashmir. So much so, in their posts, the accused have called for a boycott of elections and to reject the candidate who comes with the idea of development.”
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Regarding the police’s statement that rats ate the seized 200 kgs of ganja kept at the police station, the Court remarked that such an incident cast suspicion on the very seizure of the contraband and its handling by the police.
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The Court noted that as per the doctor’s memorandum, he received 10 % commission for prescribing the cough syrup.
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The Court noted that the complainant was the only public witness in the present case and the prosecution could not bring any other public witness. However, the complainant could not identify the accused persons during his testimony in Court.
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“The act of District Administration by pressurizing a citizen of a democratic nation to pay double the fine or compensation amount vis-a-vis the amount specified as compensation is highly condemnable and in breach of the basic human and legal rights provided by the Constitution.”
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Allegedly, the accused persons had hired 30-40 masked men to criminally trespass Hotel Sarovar Portico, Vasant Kunj, due to ongoing dispute over the possession and ownership of the same.
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“As such alleged statement or remarks were an intrinsic part of a legislative debate on the governance and law & order. Thus, the same is squarely within the sphere of proceedings in the legislature.”
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“Where the Arbitrator assigns the cogent grounds and sufficient reasons and no error of law or misconduct is cited, the Order does not call for any interference in exercise of the power vested in the Courts.”
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