Dowry death
Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts
The Division Bench of Rahul Chaturvedi*, J. and Mohd. Azhar Husain Idrisi, J. while dealing with similar appeals related to dowry deaths, addressed the issue of the application of Section 302 of the Penal Code, 1860 in dowry-related cases, as a result of the misuse of murder charges in cases primarily revolving around dowry harassment and deaths. Read more
MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused
In a petition filed under Section 439 of the Criminal Procedure Code, 1973, seeking bail in criminal proceeding for alleged offences under Sections 498-A and 304-B of the Penal Code, 1860, the single-Judge Bench of Rajendra Prakash Soni, J., denied to grant bail due to the seriousness of the allegations and the prima facie evidence against the petitioner. However, the court noted investigatory inaccuracies and called for administrative action against the Investigating Officer concerned. Read more
Quashing of proceedings/FIR
Relationship between two adult individuals does not justify sexual assault on partner: Bombay High Court
The petitioner sought the quashing and setting aside of a case registered for the offences punishable under Sections 376, 376(2)(n), 377, 504 and 506 of the Penal Code, 1860. During pendency of the petition, a charge sheet was filed by the police officials, pending before the Additional Sessions Judge at Karad. The petitioner was given the liberty to amend the petition to challenge the proceedings which were now assailed. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale, JJ., opined that the relationship between petitioner and the complainant in respect of indulging in sexual activities was not consensual to justify quashing of the criminal complaint at the threshold. Thus, the Court dismissed the petition. Read more
Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC
In a criminal petition filed under Section 482 of Criminal Procedure Code, 1973, G. Jayachandran, J. had said that CrPC provides for bargain or plead guilty or compound. By-passing the procedures and quashing criminal prosecution through obtaining an apology letter for an act of violence inside the college campus by the teaching staff is not in the interest of justice. Hence, the Court dismissed the quash petition, and allowed the accused to approach the Trial Court and seek remedy either by resorting to plea bargain or compounding. Read more
‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306
In an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order taking cognizance of offence punishable under Section 306 of the Penal Code, 1860, the single-Judge Bench of Sibo Sankar Mishra, J. allowed the petition and quashed the Trial Court’s cognizance order and all the consequential proceedings arising thereto. Read more
‘Proceedings are counterblast and were initiated with motive for wreaking vengeance’, Allahabad HC quashes criminal proceedings against woman who filed FIR against husband and his relatives
In an application under Section 482 of the Code of Criminal Procedure Code, 1973, filed to quash the charge sheet and summoning order, Saurabh Shyam Shamshery, J. said that since ingredients of Sections 504, 506 of the Penal Code, 1860 were absolutely missing , and FIR was lodged after 11 months, without any explanation, the present proceedings were counterblast and were initiated with motive for wreaking vengeance, therefore, in the light of A.M. Mohan v. State, 2024 SCC OnLine SC 339, it was a fit case where in exercise of inherent power, the present criminal proceedings could be quashed. Thus, the Court set aside the impugned charge sheet, summoning/ cognizance order as well as entire criminal proceedings against the applicants. Read more
‘Healthy and constructive criticism should always be welcome’; Punjab and Haryana HC drops criminal contempt proceedings against a man for his pleadings against a Judge
In a criminal contempt petition listed after suo motu notice was taken by the Single Bench regarding the averments of the respondent in a petition filed under Section 482 of the Criminal Procedure Code, 1973, the Division Bench of Anupinder Singh Grewal* and Kirti Singh, JJ., opined that the pleadings in the petition filed under Section 482 of the CrPC by the respondent, did not suggest that they were mala fide or in good faith. The pleadings could have been better worded, but it was difficult to conclude that they were mala fide. The respondent was only seeking expeditious disposal of his case. Further, the Court noted that the respondent had furnished his unqualified and unconditional apology. The respondent undertook that he would not use any contemptuous words/language in future and would abide by all the conditions imposed by the Court. Thus, the Court stated that the action of the respondent did not constitute criminal contempt of court and accordingly, dropped the criminal contempt proceedings. Read more
‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence
In a petition filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the First Information Report registered for offences punishable under Sections 376, 377, 323, 509, 34, and 380 of Penal Code, 1860, a Single Judge Bench of Swarana Kanta Sharma, J. held that this case did not merit the quashing of the FIR but necessitated a trial to determine whether the complainant had made a false case. Read more
Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court
In a petition seeking the quashing of FIR and final report alleging indulgence in physical relations under the false promise of marriage, a single-Judge Bench of Sanjay Dwivedi, J., quashed the FIR and the final report against the petitioner, noting that the allegations did not fulfil the criteria for the offences charged under Sections 376, 376(2)(n), 506, and 366 IPC. Read more
MP High Court quashes rape case lodged by Honey Trap racket operator
In a petition filed under Section 482 of the Criminal Procedure Code, 1973, seeking the quashing of FIR registered for the offence punishable under Sections 376 and 120-B of the Penal Code, 1860, a single-Judge Bench of Sanjay Dwivedi, J., quashed the FIR against the petitioner based on delay in lodging the FIR, combined with the complainant’s history of similar allegations and the petitioner’s credible defence. The Court held that the prosecution against the petitioner appeared to be malicious, instituted with ulterior motives, and constituted an abuse of the legal process. Read more
Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC
In a petition to quash the entire criminal proceedings including the order taking cognizance for the offence under Section 304-A of the Penal Code, 1860 against the petitioner, Sanjay Kumar Dwivedi, J., opined that it was crystal clear that a private complaint might not be entertained unless the complainant had produced prima facie evidence in the form of credible opinion given by another doctor to support the charge of rashness or negligence on the part of the accused doctor. Thus, the Court stated that allowing the proceedings to continue, would amount to an abuse of the process of law and accordingly, quashed the entire criminal proceedings including the order taking cognizance for the offence under Section 304-A of the IPC against the petitioner. Read more
‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court
In a writ petition seeking the quashing of FIRs registered against the petitioner-a student leader, for forcibly entering the school, abusing the staff, damaging property, threatening to kill the staff and later abusing and scuffling with the police, a single-Judge Bench of G.S. Ahluwalia, J., dismissed the petition and affirmed that the registration of FIRs without conducting a preliminary inquiry was appropriate given the facts and circumstances of the present case which disclosed the commission of cognizable offences. Read more
Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR
In a petition filed by the accused for quashing of FIR registered under Section 354-A of the Penal Code, 1860 and Section 7 of the Protection of Children from Sexual Offences Act, 2012, Rakesh Kainthla, J., noted that many girls accused that they were touched inappropriately on their back, cheek and neck, and comments were passed on their dresses, and said that these acts constituted the commission of an offence punishable under Section 7 of the POCSO Act, which provided punishment for physical contact with a minor with sexual intent. The Court stated that the allegations made by the girls duly established a prima facie commission of the offence punishable under Section 7 of the POCSO Act. Thus, the FIR could not be ordered to be quashed at this stage. Read more
Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores
In a petition filed under Section 482 of the Criminal Procedure Code, 1973, by the accused for quashing of FIR against him for cheating Invest Bank, Sharjah, United Arab Emirates of Rs.135 Crores, Bechu Kurian Thomas, J., dismissed the petition while observing that the case did not fall under the purview of ‘exceptional circumstances’ that would warrant exercising powers under Section 482 CrPC. Read more
‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused of offences including rape
The petitioners filed the instant petition seeking quashing of criminal proceedings pending against them before the Additional Sessions Judge, Mangaon, Raigad, for the offences punishable under Sections 376, 376(2)(n), 377, 342, 504, 506, 501, read with 346 of the Penal Code, 1860. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., found that petitioner 1 was obtaining sexual relations from the complainant by first promising her that he would marry her, and then by threatening her of multiple outcomes, including the circulation of an offensive footage of them involved in sexual activities. The Court found that the complainant continued to maintain physical relations with her, under the fear of being defamed. Therefore, the Court held that such consent was no consent in the eye of the law and refused to quash the proceedings against the petitioners. Read more
Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children
In a petition filed by the accused under Section 482 of the Code of Criminal Procedure, 1973 for the quashing of proceedings, wherein the accused had been alleged to have committed the offence of rape. However, he eventually married the victim, and they lived together as husband and wife with children of their own. A. Badharudeen, J., allowed the petition and quashed all proceedings against the accused and observed that although the settlement of cases stemming from the offences of rape and Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) was not permissible under law, an exception was made considering that the accused and the victim had children together and were living a peaceful family life. The Court remarked there was no necessity to continue criminal proceedings to retain them in the hazards of litigation and to collapse their married life and the wellbeing of the children. Read more
Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions
The applicant sought the quashing of FIR registered against him for the offences punishable under Sections 9(A), 25(A), 29, and 59 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The applicant was a director of a pharmaceutical import-export company, who was implicated for having exported controlled substances in violation of the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013. It was contended by the applicant that he was not informed of the NDPS Order since the respective agencies had failed to publish the same on their websites. The Division Bench of A.S. Gadkari and Dr. Neela Gokhale*, JJ., was faced with a question: whether the ignorance of a Notification published in the Gazette can be a defence to justify quashing of FIR, holding that no cognizable offence is prima facie made out from a plain reading of the FIR? The Court held that the allegations contained in the FIR against the applicant, if taken on their face value, did prima facie disclose the commission of a cognizable offence. Read more
Jharkhand HC sets aside orders passed without application of mind and complying with mandatory requirements of law
In a criminal miscellaneous petition filed by the petitioner-accused under Section 482 of the Criminal Procedure Code, 1973 to quash the order dated 28-03-2024 and 03-05-2024, passed by the Judicial Magistrate First Class, Jamshedpur, Anil Kumar Choudhary, J., opined that without any observation or satisfaction by the Judicial Magistrate that the petitioner was evading his arrest, the warrant of arrest was issued. Accordingly, the Court quashed and set aside the order dated 28-03-2024. Read more
Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court
Petitioners, who were accused in a case pending before the Metropolitan Magistrate, 40th Court, Girgaum, at Mumbai, under Sections 294, 114, read with 34 of the Penal Code, 1860, and under Sections 3, 8(1), 8(2), 8(3), and 8(4) of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016, had filed the present petition seeking quashing of the said case. The Division Bench of A.S. Gadkari and Shyam C. Chandak*, JJ., opined that no other specific overt act was attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of IPC against them. Therefore, mere presence of petitioners at the hotel as ‘customers’, when the two women were dancing allegedly in obscene manner, was not sufficient to attract the said offence. Read more
Wrongful detention
Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty
Petitioner 1 sought compensation of Rs.10,00,000/- for her illegal arrest and detention by the police. Gopinath P, J., while dismissing the writ petition, said that petitioner 1 had not made out any case for award of compensation in exercise of the Court’s jurisdiction under Article 226 of the Constitution, and the relief sought against the police for harassment was unsustainable. However, the Court directed the State Police Chief to ensure that arrest or detention, based on the wrong identity, did not result in the invasion of life and liberty of innocent citizens. Read more
[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation
The instant petition was filed by the detenu, detained to be prevented from acting in any manner prejudicial to the maintenance of public order. The detenu accordingly preferred representation for consideration, highlighting the grounds on which the order of detention was assailed, one of which was the delay of decision on his representation, stating that the non-decision of representation had rendered his continued detention invalid; therefore, the detention order should be set aside for having affected his rights under Article 22(5) of the Constitution. The Division Bench of Bharati Dangre, Manjusha Deshpande, JJ., opined that the explanation offered by the Authority lacked promptitude and expediency, which was expected when the fundamental rights of a citizen were being curtailed; such unexplained delay in deciding on the detenu’s representation had proven fatal to the right bestowed upon him by the Constitution. Read more
Bail
Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam
In a matter of two bail applications filed by Kalvakuntla Kavitha in cases registered against her by the Directorate of Enforcement and the Central Bureau of Investigation, arising out of similar facts, a Single Judge Bench of Swarana Kanta Sharma, J. denied bail to K. Kavitha and held that no case could be made out for the grant of a regular bail. Read more
‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking
In a bail application filed by a member of the LGBTQ+ community charged for the offence under Section 370 read with Section 34 of the Penal Code, 1860 and Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, Manish Pitale J., opined that because of the identity of applicant, he was vulnerable to ridicule and harassment in jail. Basing their reasoning on this opinion, the Court accepted the bail application. Read more
‘Majority will become minority, if religious congregation where conversions are taking place are not stopped’; Allahabad HC denies bail to man accused of religious conversion
In a bail application filed for offences under Section 365 of the Penal Code, 1860 and Section 3 read with Section 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Rohit Ranjan Agarwal, J., said that in several cases unlawful activity of conversion of people of SC/ST castes and other castes including economically poor people into Christianity was happening at a rampant pace throughout the Uttar Pradesh. Thus, the Court denied bail to the accused. Read more
Primary objective of POCSO Act is to protect minors from sexual exploitation, but it is being misused in consensual relationships between teenagers: Allahabad HC
In a bail application filed by the accused for offences under Sections 363, 366, 376 of the Penal Code, 1860 and 5(j)(ii) read with Section 6 of Protection of Children from Sexual Offences Act, Krishan Pahal, J. granted him bail subject to certain conditions, particularly on the assurance of accused that he was very much willing to take care of his wife (victim) and the infant. Read more
‘No one is above law, no one can be’; Rajasthan High Court cancels former MLA’s bail due to post-release conduct & threats to witnesses
In an application filed under Section 439(2) of the Criminal Procedure Code, 1973, seeking cancellation of bail of Former MLA Giriraj Singh Malinga, a single-judge bench of Farjand Ali,* J., cancelled the bail of Respondent 2 based on his post-bail conduct, including public glorification, threats to witnesses, and misuse of administrative processes, justifying the cancellation of bail. Read more
Bombay HC grants anticipatory bail to accused booked under POCSO for allegedly making a child record sexual acts between him and the child’s mother
In a peculiar case under Protection of Children from Sexual Offences Act, 2012, where a man accused under Sections 11(i), (v), (vi) and 12, , was granted interim bail by the single-Judge Bench of Manish Pitale J.*, who considered his previous bail for offences charged against him by the instant co-accused mother (“co-accused”) under Sections 376(2)(n), 307, 509, 323 and 506 of the Penal Code, 1860 (“IPC”) in a separate case. The accused was booked under POCSO along with the mother (co-accused) of the child for allegedly making the child record the sexual activities between him and the child’s mother. Read more
Delhi HC grants bail to 21-year-old alleged Manjit Mahal Gang member, after 8 years of custody for doctor’s murder
In a petition under Section 439 of the Code of Criminal Procedure, 1973, filed by the petitioner, alleged member of the Manjit Mahal Gang, seeking regular bail for offences under sections 302, 307 and 34 of the Penal Code, 1860, and Sections 27, 54 and 59 of the Arms Act, 1959, Anup Jairam Bhambhani, J., granted the petitioner bail, noting that he had been in custody for 8 years and that interim bail had also been granted to him by the Chief Metropolitan Magistrate, Dwarka District Court, New Delhi, conditions whereof had not been violated by him. Read more
‘Entitled to lead a life with all dignity in an environment that will be congenial’; Tripura HC grants bail in NDPS case to a man tested HIV positive
Arindam Lodh, J., granted bail to an accused, arrested on 15-04-2024 under Sections 20(b)(ii)(C), 21(c), 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, after noting that he was tested HIV positive. The Court opined that since the accused had been suffering from HIV, he would not involve himself in the trading of any contraband articles in future. Thus, the Court released the accused on bail. Read more
Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period
In the instant case, the applicant was arrested for offences under Sections 420 and 120-B of the Penal Code, 1860, Sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, on 29-05-2015. Subsequently, he was granted bail but re-arrested in 2017 till date for another offence. The applicant submitted that cumulating his previous incarceration and the one since 2017, it exceeded the maximum sentence period of seven years imposable for the offences charged against him. The single-Judge Bench of Manish Pitale, J.*, referred to a Supreme Court decision that explained the meaning of custody; and rejected the respondent’s contention that the applicant’s incarceration period had not exceeded the maximum sentence, since the applicant was not in formal custody for some time. The Court held that the applicant deserved to be granted bail for having suffered incarceration beyond the maximum sentence period. Read more
While imposing conditions for grant of bail, Trial Court has no power to direct any person to first apply for passport, obtain it, then surrender it: Bombay High Court
In the present case, an unusual condition was imposed upon petitioner while releasing him on bail by the Additional Sessions Judge and when an application was moved for modification of such an order, a further unusual condition had been put, which was challenged in the present proceedings. Bharat Deshpande, J., opined that while imposing the conditions for the grant of bail, the Trial Court did not have power to direct any person to first apply for a passport, obtain it, and then surrender it. The direction to deposit the passport could only be given if the petitioner or accused possessed it. The petitioner was an accused in a case registered with Agassaim Police Station for the offences punishable under Sections 307, 504, 506(ii) read with Section 34 of the Penal Code, 1860. Read more
Punjab and Haryana HC grants bail to Indian Army Sepoy accused of leaking secret information to Pakistan
In the petition filed by an Indian Army Sepoy seeking regular bail in the FIR registered under Sections 3, 4, 5 of the Official Secrets Act, 1923 and Section 124-A of the Penal Code, 1860 for the offence of leaking sensitive secret information to Pakistan, Gurvinder Singh Gill*, J., ordered to release the petitioner on regular bail on his furnishing of bail bonds/surety bonds to the satisfaction of the Trial Court/the Chief Judicial Magistrate/the Duty Magistrate concerned. Read more
‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case
In a petition under Section 439 of the Code of Criminal Procedure, 1973, filed by petitioner, accused 3 in the original complaint, who had been accused of being involved in human organ trafficking punishable under Section 370 read with Section 34 of the Penal Code, 1860, and Section 19(a)(b)(c) & (d) of the Transplantation of Human Organs and Tissues Act, 1994, C.S. Dias, J., dismissed the petition refusing to grant bail, while observing that Courts must look into the severity and nature of the crime, and whether releasing the accused would have a detrimental impact on the society. Read more
Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim
In two criminal appeals heard together by the Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., the accused persons against whom the offences punishable under Sections 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967, Sections 121-A and 120-B of the Penal Code, 1860, read with Sections 8-C, 20, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were registered; the Court found that accused 1 was alleged to have been associated with Dawood Ibrahim, based on the statements of prosecution witnesses. However, it was held that Dawood Ibrahim being declared a terrorist in individual capacity, any person’s association with him on the pretext of belonging to the D-gang/Dawood gang would not attract the provisions of Section 20, UAPA. Further, for the offences punishable under the NDPS, the Court held that the quantity seized from accused 2 was small, and mere sharing of pictures of NDPS-prohibited substances definitely does not attract the provisions of the NDPS. Therefore, the accused persons were granted bail subject to certain conditions. Read more
Delhi High Court grants bail to 68-year-old rape accused
In an application filed by 68-year-old man accused, of rape alleged to have committed offences punishable under Sections 354-A, 354-C, 376, 377, 506 of the Penal Code, 1860, and Sections 66-E and 67-A of the Information Technology Act, 2000 (‘IT Act’), seeking regular bail, Manoj Kumar Ohri, J., granted the accused regular bail subject to certain conditions. Read more
Power to grant interim stay of operation of bail order can only be exercised in exceptional cases: Supreme Court
In a criminal appeal concerning the power of the High Court or Sessions Court to grant an interim order of stay of operation of an order granting bail till the disposal of the application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973, the Division Bench of Abhay S. Oka* and Augustine George Masih, JJ. while setting aside the impugned orders held the following: In an application seeking cancellation of bail, the power to grant an interim stay of operation of order to bail can be exercised only in exceptional cases when a very strong prima facie case of the existence of the grounds for cancellation of bail is made out. When the Court exercises the power of granting ex-parte ad interim stay of an order granting bail, the Court is duty bound to record reasons why it came to the conclusion that it was a very rare and exceptional case where a drastic order of ex-parte interim stay was warranted. Read more
Supreme Court grants interim bail to Arvind Kejriwal in PMLA case; refers question of arrest by ED to larger bench
In a criminal appeal by Chief Minister of Delhi and AAP’s leader Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (‘ED’) under the Prevention of Money Laundering Act, 2002 (PMLA) in the alleged Delhi liquor excise policy case, Sanjiv Khanna* and Dipankar Datta, JJ. granted interim relief by granting him interim bail, while referring his petition challenging the arrest by the ED to a larger bench. Read more
Watali Judgment not a precedent to deny bail to UAPA accused in long incarceration with no end to trial in sight: SC
In a criminal appeal against decision of Allahabad High Court, wherein the bail application of the accused person/appellant for offences under Sections 489-B and 489-C of the Penal Code, 1860 and under Section 16 of the Unlawful Activities (Prevention) Act, 1967 was dismissed, the Division Bench of JB Pardiwala and Ujjal Bhuyan*, JJ. taking note of nine long years of imprisonment and following Union of India v. K.A. Najeeb 2021 SCC OnLine SC 50, set aside the impugned decision and directed to release the accused on bail. Read more
Read why Supreme Court granted bail to Ashish Mishra in Lakhimpur Kheri violence case
In a matter concerning Lakhimpur Kheri violence case relating to the killings in October 2021, when vehicles of Ashish Mishra’s convoy allegedly ran over a group of farmers who were protesting the new farm laws, the division bench of Surya Kant and Ujjal Bhuyan, JJ. has granted bail to Ashish Mishra and other co accused persons, subject to certain conditions. Read more
Withdrawal of cases
‘Prosecution in rape cases cannot be withdrawn on basis of survivor’s forgiveness or understanding between parties’: Meghalaya HC
In an application under Section 482 of the Code of Criminal Procedure, 1973, for quashing the First Information Report for offences under Section 376-D read with Section 34 of the Penal Code, 1860, along with the Sessions Case initiated against the accused persons, B. Bhattacharjee, J. dismissed the application for lack of merits and said that serious offences including rape could not be settled or withdrawn on the basis of forgiveness granted by the survivor or on the basis of any understanding arrived at between the parties. Read more
Acquittal
Madras High Court sets aside conviction and 3-year sentence of former AIADMK Minister Balakrishna Reddy in a 1998 Riot case
In a batch of criminal appeals filed by former AIADMK Minister Balakrishna Reddy and other Ministers against the conviction order passed by the Special Court for cases related to elected members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, and set aside the same and consequently acquit them, G. Jayachandran, J. set aside the impugned judgment and acquitted all the convicts of their charges, as the charges were not proved beyond doubt. Read more
Split Judgment
Calcutta High Court Division Bench delivers split verdict in murder case: acquittal ordered by one Judge; sentence commuted by another
A death reference and an appeal was filed challenging the judgement dated 29-09-2023 and order of conviction dated 30-09-2023 as passed by Sessions Judge out of a sessions case whereby the said Court found the present appellant guilty of the charge under Section 302 Penal Code, 1860 for the commission of murder of “Dharampita” and “Dharammata” of their adopted son (complainant), thus sentencing him to suffer capital punishment of death by hanging till his death with a fine of Rs. 1 lakh and to suffer R.I. for five years. A Division Bench of Soumen Sen and Partha Sarathi Sen, JJ., authored separate judgment wherein both judges had differences in opinion. Justice Soumen Sen set aside the death penalty and ordered conviction for 30 years, whereas Justice Partha Sarathi Sen ordered acquittal of the death row convict. Read more
Conviction
Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions
The instant appeal was filed by the convict challenging his conviction and sentencing by the Sessions Court (Fast Track) under Sections 376(2)(f), 376(2)(n) and 506 of the Penal Code, 1860, for having raped his 80-year-old maternal grandmother on multiple occasions; the Division Bench of Meenakshi Madan Rai*, and Bhaskar Raj Pradhan, JJ., perused the evidence and the findings of the Trial Court, upholding the judgment and order of the Trial Court, noted that Trial Court’s reliance on the sole testimony of the victim was confidence-inspiring. Read more
Touching private part with penis amounts to aggravated penetrative sexual assault under POCSO Act; Meghalaya HC upholds man’s conviction for raping 4-yr-old girl
In a criminal appeal against a decision of the Special Judge (POCSO), wherein, the convict was found guilty of offence under Section 5(m) of the Protection of Children from Sexual Offences Act, 2012, punishable under Section 6 of the POCSO Act, the Division Bench of S. Vaidyanathan, CJ. and W. Diengdoh, J. dismissed the appeal and upheld the impugned decision. Read more
‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend
In a criminal appeal against a decision of the Special Judge (POCSO), wherein the convict/appellant was convicted for the offences under Sections 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 and under Sections 375 and 376(2)(U)(n) of the Penal Code, 1860, the Division Bench of S. Vaidyanathan and W. Diengdoh, JJ. noting the depositions of the minor girl, her parents, house help and medical evidence, held that it was duly established that the convict intoxicated the girl and taking advantage of the same, had physical relationship with the minor girl. Hence, the Court upheld the impugned decision. Read more
‘Reporting sexual offence brings disrepute to family’; Bombay HC upholds man’s conviction under POCSO as victim’s family had no reason for false implication
The appeal was filed by appellant-convict challenging his conviction for offence under Sections 8, 9(m), punishable under Section 10 of the Protection of Children from Sexual Offences Act, 2012, and Sections 354 and 354-A of the Penal Code, 1860, through an order of conviction and sentence passed by the Extra Joint Additional Sessions Judge, Wardha. G.A. Sanap*, J., viewed that in the cases of sexual offences involving girls, the parents of such girl victim would not jeopardise the future of their daughter, given the fact that in our conservative society, the reporting of such cases brings disrepute to the family. Read more
Supreme Court upholds conviction of police guard who murdered relative inside police station over wife’s affair
In a criminal appeal against Delhi High Court’s decision, wherein the conviction and sentence of the convict for offences under Sections 302 and 307 of the Penal Code, 1860 by the Trial Court was upheld, the Division Bench of Sudhanshu Dhulia* and Rajesh Bindal, JJ. dismissed the appeal and refused to interfere with the impugned decisions, calling the matter at hand a clear case of murder. Read more
Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused
In a criminal appeal under Section 374(2) of the Criminal Procedure Code, 1973 (‘CrPC’) against the judgment dated 25-05-2023, passed by the IX Additional Sessions Judge, Raipur, whereby the appellants were convicted under Sections 364-A, 343, 323 and 324 of the Penal Code, 1860, the Division Bench of Ramesh Sinha, CJ* and Sachin Singh Rajput, J., opined that no conviction could be made out under Section 364-A of the IPC, unless it was proved by the prosecution that abduction was coupled with ransom demand and life threat. The Court opined that the prosecution had failed to establish offence under Section 364-A of the IPC against the appellants beyond reasonable doubt and the finding on which the Trial Court had convicted the appellant for the offence under Section 364-A of the IPC was wholly perverse. Accordingly, the Court set aside the impugned judgment dated 25-05-2023 passed by the Trial Court. Read more
Orissa HC sets aside wife’s conviction u/s 302 for setting husband ablaze with kerosene for lack of clinching evidence
In an appeal under Section 374 of the Code of Criminal Procedure, 1973, against Trial Court’s decision finding the convict- wife guilty of offence punishable under Section 302 of Penal Code, 1860 for husband’s (‘deceased-husband’) murder, the Division Bench of SK Sahoo* and Chittaranjan Dash, JJ. allowed the appeal and set aside the impugned decision for lack of clinching evidence and non-formation of complete chain of evidence. Read more
Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction
In a criminal appeal against the judgment of conviction and order of sentence dated 20-11-2017 and 27-11-2017, respectively, passed by the Additional Judicial Commissioner-V, Ranchi (‘the Trial Court’), whereby the appellant-convict was found guilty under Section 302 of the Penal Code, 1860 (‘IPC’), the Division Bench of Ananda Sen* and Subhash Chand, JJ., stated that the testimony of eyewitnesses could not be discredited nor there was any material to disbelieve them and their evidence had not been shaken. The Court stated that when there was an eyewitness, who had seen the commission of murder and their evidence was credible, it was not necessary that the prosecution had to prove the motive behind the offence. Thus, the Court stated that the impugned judgment and order of sentence did not want any interference and accordingly, dismissed the present appeal. Read more
Probation of offenders
Sending first time offenders of less serious offence to jail might attract them towards a life of crime instead of reforming: Punjab and Haryana HC upholds probation
In a revision petition filed by the complainant challenging the judgment dated 02-05-2022, passed by the Court of Additional Sessions Judge, Panipat, Manish Batra, J., stated that the object underlying the provisions of Sections 4 and 6 of the Probation of Offenders Act, 1958, and Sections 360 and 361 of Criminal Procedure Code, 1973, was that the first offenders should not be sent to jail for the commission of less serious offences, on account of grave risk to their life, as they were likely to be exposed with the hardened and habitual criminal inmates of the jail. Thus, considering the agony and trauma which the accused persons underwent, the Court stated that no useful purpose would be served by sending them again into jail to serve out the remaining period of sentence. Read more
[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years
The instant revision application was filed against the judgment and conviction of the applicant, who was then a teenager, for rash and negligent driving and causing fatal accident of a woman 11 years ago. The single-Judge Bench of S.G. Mehare*, J., had to consider, “whether the benefit under Section 4 of the Probation of Offenders Act, 1958 could be extended to the applicant?”. The Court perused the judgments of JMIC and Sessions Court and found that they were not perverse. Considering the peculiar circumstances of the instant case, the applicant’s bright future, his apprehension regarding ruined future due to the stigma attached to convictions, and that the applicant was a first-time offender, the Court while upholding the decisions of the JMIC and Sessions Court, ordered the release of the applicant subjecting him to fines that were required to be paid for the offences he was upheld to be convicted of. Read more
Involvement of CBI
When can the CBI be involved in an investigation? Kerala High Court answers
In a petition for transfer of investigation of a case to Central Bureau of Investigation, alleging the operation of a transnational gang involved in forced hormone therapy, Bechu Kurian Thomas, J., dismissed the petition while observing that the involvement of CBI should be exercised sparingly and only in exceptional circumstances, and that the present case was devoid of any evidence to warrant involvement of the CBI. Read more
‘Victimizing foreign national without reason will reflect in bilateral relations’; Bombay HC directs FRRO to issue Exit Permit to Chinese woman acquitted in smuggling case
In the present case, the petitioner-a Chinese woman who arrived in India from Beijing, was arrested for procurement and smuggling of gold into India but was acquitted for the same. Despite petitioner’s acquittal, Respondent 2, Union of India through the Assistant Commissioner of Customs, Prosecution Cell, CSMI Airport, Mumbai, was creating hurdle in getting Exit Permit from Respondent 1. Prithviraj K. Chavan, J., opined that conduct of Respondent 2 was not only wrongful and vindictive, but it amounted to gross abuse of its powers in restricting petitioner to leave for her country without any justification. Read more
2021 Nagaland killings
[2021 Nagaland killings] Supreme Court issues notice to Defence Ministry in Nagaland’s plea to prosecute 30 Indian Army personnel
In a writ petition filed by the State of Nagaland seeking sanction to prosecute 30 Indian Army personnel who were accused of killing 13 civilians during a botched-up military operation in the Mon district in December 2021, the three-Judge Bench of Dr. DY Chandrachud, CJI, J.B. Pardiwala, and Manoj Misra, JJ. issued a notice to the Ministry of Defence, returnable in six weeks. Read more
Immoral traffic
Shocking that an advocate in robes is seeking protection to run brothel’; Madras HC directs Bar Council to ascertain genuineness of his enrolment and educational certificates
In a petition filed for directing the Police to not disturb the trust and its functions to promote adult recreation and other related activities, B. Pugalendhi, J. while stating that no doubt adults can have sex, but soliciting people and luring them into sexual activities is illegal; imposed a cost of Rs.10,000/- on him to be paid to the District Social Welfare Officer, Kanyakumari District within period of four weeks from the date of receipt of a copy of this order. Read more
Contempt of Court
[Contempt of Court] Madras HC holds Sub Registrar and litigant guilty for fabricating Court documents; Sentences them to 2 months imprisonment and fine
In a suo motu civil contempt proceedings initiated against the contemnors for fabricating documents which were produced in court for getting favourable orders, N. Sathish Kumar, J. while holding the Sub Registrar and the litigant guilty of contempt of court, sentenced them to undergo a sentence of simple imprisonment for a period of two months with a fine amount of Rs.2,000/- each. Read more
Bigamy
SC sentences couple to 6-month simple imprisonment; calls ‘Imprisonment till rising of Court’ a flea-bite sentence for a serious offence of Bigamy
In a criminal appeal filed by the husband against the judgment passed by the Madras High Court, to the extent that it imposed only a flea bite sentence for the conviction of the accused wife for the offence under Section 494 of the Penal Code, 1860, and confirmed the acquittal of the parents of the wife, the Division Bench of C.T. Ravikumar* and Sanjay Kumar, JJ. held that imposition of sentence of ‘imprisonment till the rising of the court’ upon conviction for an offence under Section 494 IPC was unconscionably lenient or a flea-bite sentence. Thus, the Court modified the sentence to six months each, making the nature of the sentence as simple imprisonment for the said period. The Court also modified the fine from Rs. 20,000/- each to Rs. 2,000/- each, as originally awarded by the Trial Court. Read more
Release from prison
Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education
The Division Bench of Bharati Dangre and Manjusha Deshpande, JJ., were faced with an unusual request for release on parole by a prisoner convicted under the provisions of the Penal Code, 1860-Sections 302 and 120-B read with Section 34, undergoing sentenced imprisonment at Sub-Jail, Silvassa. The convict had requested for the grant of parole, so that he could arrange the finances for his son’s higher education from abroad. The Division Bench opined that parole could not be denied in the case merely because the instant contingency has not been contemplated in the Rules. The Court, therefore, granted release on parole to the convict, subject to certain conditions. Read more
Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years
In a writ filed by accused seeking to quash an order passed by the State, dismissing his application for premature release after being incarcerated for 25 years, in line with the U.P. Prisoners Release on Probation Act, 1938, the Division Bench of Siddharth* and Syed Qamar Hasan Rizvi, JJ, allowed the petition and quashed the impugned order, while observing that the State had passed the impugned order without application of mind and against the intent of the UP Probation Act. Read more
Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty
The petitioner was convicted in 14 criminal cases, invoking Sections 380, 428, 454, 457, 511, read with 34 of the Penal Code, 1860, by the Judicial Magistrate First Class, Kolhapur. The convict had admitted guilt before the Trial Court, based on which he was sentenced to undergo rigorous imprisonment for two years for each criminal case, that were directed to run concurrently. Further, a total fine was also imposed upon the convict, amount to Rs. 2,65,000. Given his financial condition, the convict was unable to pay the fines, and was therefore prospecting a further imprisonment of nine years. He invoked the inherent jurisdiction of the Court under Section 482 of the Code of Criminal Procedure, 1973, seeking the reduction of prospective sentence. The Division Bench of Bharati Dangre* and Manjusha Deshpande, JJ., noted that the convict should have been released on 09-03-2020, however, due to his inability to pay the fine, he had been further incarcerated until the date of the instant decision. Therefore, in the light of the provisions of the Penal Code, 1860 and CrPC, the Court held that the sentence served by the convict since May 2020 till the date of the decision shall be considered as the default sentence in lieu of fines and thus, directed for his release. Read more
Discharge
Supreme Court discharges man accused of criminal conspiracy for his cashier’s custodial death
In a criminal appeal filed by the accused charged with the custodial death of his cashier/accountant under Section 482 of the Code of Criminal Procedure, 1973, against the dismissal of an application for discharge under Section 227 CrPC, passed by the Allahabad High Court, the Division Bench of CT Ravikumar and Sudhanshu Dhulia, JJ. while setting aside the impugned order, discharged the accused, and said that a few bits here and a few bits there, on which the prosecution may rely, are not sufficient to connect an accused with the commission of the crime of criminal conspiracy. Read more
