Tag: Criminal Appeal

Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack

The Supreme Court of India overturned the High Court's bail orders, cancelling the bail granted to the respondents. The Court found the allegations to be grave, shaking the conscience of the court, and noted an imminent likelihood of the accused adversely affecting a fair trial due to their influence and non-cooperation. The trial court was directed to expedite proceedings and ensure witness protection. Facts Of The Case: The incident in question occurred on May 2, 2021, following the announcement of the Assembly election results in West Bengal. The complainant, a follower of the Hindu religion and a supporter of the Bharatiya Janata Party, alleged that he and his family faced threats and violence from supporters of the ruling dispensation in his village, Gumsima, where they were a min...
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Supreme Court Exposes False Allegations, Quashes FIR in Sexual Assault Case
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Exposes False Allegations, Quashes FIR in Sexual Assault Case

The Supreme Court of India quashed FIRs No. 103 of 2022 and 751 of 2021, and all consequent proceedings, finding no prima facie material to substantiate allegations of cheating or sexual intercourse under false promise of marriage. The Court noted inherent contradictions in the complaints and found the complainant's allegations to be fabricated and malicious, indicating manipulative and vindictive tendencies. Facts Of The Case: The case involves Batlanki Keshav (Kesava) Kumar Anurag, the appellant, challenging an order from the High Court for the State of Telangana at Hyderabad, which rejected his petition to quash FIR No. 103 of 2022. This FIR, registered at Madhapur Police Station, Cyberabad, alleges offenses under Section 376(2)(n) of the Indian Penal Code, 1860, and Section 3(2)(v)...
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Fraud Case Closed: Supreme Court Rules in Favor of Accused After Bank Settlement
13Jun By The Legal ChamberNo Comments
Supreme Court

Fraud Case Closed: Supreme Court Rules in Favor of Accused After Bank Settlement

The Supreme Court quashed criminal proceedings under Sections 120B, 420, 468, and 471 IPC, and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, against the appellants. This decision was based on a comprehensive One Time Settlement with the Bank, full repayment of dues, and dismissal of recovery proceedings. The Court noted that continuing the proceedings would serve no purpose, especially given similar cases against co-accused were also quashed on grounds of settlement Facts Of The Case: N.S. Gnaneshwaran and N.S. Madanlal, accused nos. 3 and 6 respectively, are the appellants in this case. They were facing criminal proceedings in C.C. No. 16 of 2006, arising from FIR No. RC MA1 2005 0020, based on a complaint lodged by respondent no.2 - Bank on April 27, 2...
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Supreme Court Slams Assam Police Over Encounters, Calls for Independent Inquiry
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Assam Police Over Encounters, Calls for Independent Inquiry

The Supreme Court set aside the High Court's judgment and directed the Assam Human Rights Commission (AHRC) to conduct an independent inquiry into alleged police encounters, emphasizing adherence to PUCL guidelines. The Court mandated public notice for victims, confidentiality of identities, and the provision of legal aid, reinforcing the AHRC's role in upholding human rights and ensuring accountability. Facts Of The Case: Arif Md. Yeasin Jwadder, the appellant, brought an appeal against the Gauhati High Court's judgment dated January 27, 2023, which dismissed PIL No. 86/2021. The PIL sought records of alleged fake encounters in Assam, registration of FIRs against police officials, and independent investigations in compliance with the guidelines laid down in People's Union for Civil Li...
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Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case

The Supreme Court of India granted leave to appeal against a High Court judgment dated April 26, 2024, which affirmed the conviction of appellants under various sections of the IPC and Section 6 of the POCSO Act, 2012, including imprisonment for life. While upholding the conviction, the Supreme Court partially allowed the appeals, reducing the sentence from life imprisonment (remainder of natural life) to twenty years of rigorous imprisonment based on Section 6 of the POCSO Act and considering the appellants' age and incarceration period. Facts Of The Case: Pintu Thakur @ Ravi and other appellants were convicted by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur, in Special Sessions (POCSO) Case No. 36/2020. This conviction was subse...
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Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case

The Supreme Court overturned a High Court ruling, reinstating convictions under the POCSO Act and IPC, emphasizing that Section 482 CrPC cannot quash serious offenses even with victim settlement. The Court underscored the State's constitutional duty under Article 21 and the JJ Act to protect and rehabilitate POCSO victims and their children. Facts Of The Case: The case involves a criminal appeal by the State of West Bengal against a Calcutta High Court judgment from October 18, 2023. The High Court had set aside the conviction of an accused person under Section 6 of the POCSO Act and Sections 363 and 366 of the Indian Penal Code (IPC). The Supreme Court, in a judgment dated August 20, 2024, set aside the High Court's impugned judgment and restored the Special Court's verdict of convictio...
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Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction
12Jun By The Legal ChamberNo Comments
Supreme Court

Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction

The Supreme Court acquitted the appellants, setting aside their conviction under Sections 302 and 307 read with Section 34 of the IPC, due to serious doubts about the prosecution's case. The investigation was deemed unfair because the investigating officer suppressed affidavits from three eyewitnesses (PW-5, PW-6, PW-7) that favored the accused, and failed to conduct further investigation based on these affidavits. The Court found it unsafe to convict solely on PW-4's testimony given the suppressed material. Facts Of The Case: Sakhawat and Mehndi, appellant nos. 1 and 2 respectively, appealed a judgment from the High Court of Allahabad dated October 9, 2018, which upheld their conviction for offenses under Section 302 and Section 307 read with Section 34 of the Indian Penal Code, 1860 (I...
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Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards
11Jun By The Legal ChamberNo Comments
Supreme Court

Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards

The Supreme Court addressed the legality of arrest and compliance with constitutional mandates under Article 22, specifically concerning the prompt furnishing of grounds for arrest. The judgment deliberated on the application of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Prevention of Corruption Act, affirming adherence to due process in arrest procedures. Facts Of The Case: This appeal originated from a writ petition filed before the High Court of Andhra Pradesh, seeking a writ of habeas corpus on the grounds of alleged illegal arrest and unlawful detention of Kessireddy Raja Shekhar Reddy, the appellant's son. He was arrested by the CID in connection with offenses purportedly committed under the Indian Penal Code and the Prevention of Corruption Act. The core contention in t...
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CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case
11Jun By The Legal ChamberNo Comments
Supreme Court

CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case

The Supreme Court upheld that additional documents can be produced by the prosecution even after the charge sheet is filed, especially if inadvertently omitted. The Court reiterated that Section 173(5) of the CrPC is directory, not mandatory, and permits the production of documents gathered before or after investigation with court permission. The judgment clarifies that the authenticity of such documents remains an open issue to be proved during trial. Facts Of The Case: An FIR was registered on May 3, 2013, for offences under the IPC and the PC Act. The dispute involves two Compact Discs (CDs). Between January 8, 2013, and May 1, 2013, the Ministry of Home Affairs permitted the interception of telephone calls of several accused and one Manoj Garg. On May 4 and May 10, 2013, two CDs cont...
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From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal
11Jun By The Legal ChamberNo Comments
Supreme Court

From Life Imprisonment to Freedom: Supreme Court Cites “Misreading of Evidence” in Acquittal

The Supreme Court, exercising its appellate jurisdiction under Article 136, set aside the concurrent convictions of the appellants, finding that the Trial Court and High Court had misread and ignored striking features of the prosecution's evidence. The Court highlighted issues with witness credibility, unexplained delays in statements, and unreliable corroborating evidence, concluding that guilt was not proven beyond reasonable doubt Facts Of The Case: In 2011, the wife of PW-1 won the Panchayat Board elections, a position held by Accused No. 1's family for approximately four decades. This led to numerous skirmishes between the two sides in the months following the elections. On the night of November 14, 2012, PW-1's brother (Deceased No. 1), his son (Deceased No. 2), and daughter (PW-9)...
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