Inter-faith couple, live-in relationship and Section 376 of IPC: Supreme Court grants bail after 9 months’ jail
Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.
Indian Penal Code
Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC
The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs
Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.
2023 SCC Vol. 5 Part 5
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2) — Lapse whether occasioned: There
Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused
The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.
2023 SCC Vol. 3 Part 3
Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability: Principles to be adopted by Tribunals/Courts for determination of
Prosecution should explain the injuries on accused for a robust case, Supreme Court acquits man convicted in a 2006 murder case
While granting benefit of doubt to accused, the Supreme Court stated that “Taking into consideration the delay in lodging the FIR, with the circumstance of their names not being mentioned in the contemporaneous documents, the possibility of the said accused being falsely implicated cannot be ruled out.”
Bombay High Court grants anticipatory bail to auto driver in a POCSO matter
Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.
Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest
Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.
‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates
Jharkhand High Court concurred with the Trial Court’s decision and held that the prosecution has proved the charge beyond all shadow of doubt which cannot be said to suffer from an error.
Breach of Contract does not give rise to cause of action for Criminal Breach of Trust: Calcutta High Court reiterates
Calcutta High Court | While deciding a revision petition, Tirthankar Ghosh*, J. held that no offence under Ss. 417 and 426 of
Prosecutrix statement has been totally disbelieved in grave and serious offence under S 376 IPC by non-adherence to basic principles of investigation ; Bombay High Court directs for transferring case to Senior Officer
Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.
Allahabad High Court grants bail to Politician Srikant Tyagi for offences under U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986
Allahabad high Court: In a bail application filed by Srikant Tyagi for offences under Sections 2 and 3 of U.P. Gangsters and
Allahabad High Court dismisses Politician Srikant Tyagi’s Anticipatory Bail plea in an alleged rape case
Allahabad High Court: In an anticipatory bail application filed by politician Srikant Tyagi for offences under Sections 366, 376 of
Mere phrase ‘abused me in a very filthy language’ does not suffice; Required to prove the nature of abuses to make a case under S. 509 IPC: Delhi Court
West, Tis Hazari Courts, Delhi: In a case wherein it is alleged that the accused committed the offence punishable under
“Every judgment must be seen to its own context and facts, and the precedents cannot be applied universally to every case”; Allahabad High Court denies anticipatory bail to the applicant
Allahabad High Court: In an anticipatory bail application filed by the applicants for offences under Sections 420, 467, 468, 471, 386, 120-B,
Allahabad High Court observes statements of victim and informant unreliable, when not supported by medical evidence; Releases the accused convicted for Rape
Allahabad High Court: In an appeal against the decision of the Trial Court whereby the accused/appellant has been convicted and sentenced to
Challenges in Counter-Cases
by Dr Sanjith S.† and Dr S. Balachandran†
Charge-sheet and documents adduced prima facie point towards guilt; Allahabad High Court denies bail to journalist Siddique Kappan [Hathras gang-rape row]
Allahabad High Court: Krishan Pahal, J. dismissed the bail application of Siddique Kappan, the journalist who was arrested along with three others
Allahabad High Court | Irony and tragedy of the Indian republic that criminals like Mukhtar Ansari are the law-makers; Former UP MLA denied bail
Allahabad High Court: Dinesh Kumar Singh, J. rejected the bail application of former UP MLA Mukhtar Ansari who was arrested under Sections