Tag: Criminal Appeal

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR
9Nov By The Legal ChamberNo Comments
Supreme Court

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

The Supreme Court quashed an FIR under Section 498-A IPC, invoking its powers under Article 136 and endorsing the High Court's inherent power under Section 482 Cr.P.C. It ruled that a criminal complaint, if found to be a malicious and retaliatory measure to settle scores, constitutes an abuse of the legal process. The Court applied the principles from the landmark precedent of State of Haryana v. Bhajan Lal to halt proceedings that were initiated with an ulterior motive for wreaking vengeance. Facts Of The Case: The appellant, Nitin Ahluwalia, an Australian citizen, and the respondent, Tina Khanna, an Austrian citizen, were married in India in November 2010 and began their matrimonial life in Australia. In June 2013, the respondent unilaterally left the matrimonial home and took their ...
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Supreme Court Clarifies Law on Seized Property, Says “Expediency” Under CrPC Has Limits
9Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Law on Seized Property, Says “Expediency” Under CrPC Has Limits

The Supreme Court held that the release of case property (cash) under Section 451 CrPC was premature. The ownership of seized money, being the proceeds of alleged crime with multiple claimants, cannot be determined conclusively at an interim stage but must be adjudicated after a full trial upon consideration of all evidence. Facts Of The Case: The case originated from an FIR (CR No. 11206078220159 of 2022) alleging that the appellant-accused, through his proprietary firm Jay Gopal Trading Company, committed cheating and criminal breach of trust against a complainant and other merchants in transactions involving castor seeds. During the investigation, the police seized cash amounting to Rs. 50,00,000. Respondent No. 2, another merchant claiming the seized cash was for goods he sold to the...
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Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case
7Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case

The Supreme Court set aside a High Court judgment of acquittal for being cryptic and lacking reasoning. It reiterated that a first appellate court must independently evaluate evidence and provide a reasoned order, demonstrating application of mind. The case was remanded for a fresh hearing on merits, without expressing any opinion on the case's substance. Facts Of The Case: The case originated from a Sessions Court judgment dated 04.06.2009 in Sessions Trial No. 50 of 2003, which convicted the accused persons for offenses stemming from an incident in 2002. The Sessions Court sentenced accused Nos. 1 and 2, Anil and Imran, to life imprisonment, while accused Nos. 3 and 4, Wasif and Pappu, were sentenced to one year of imprisonment along with a fine. The convicted accused appealed this dec...
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Supreme Court Acquits Accused in Murder Case, Cites Lack of Evidence and Hostile Witnesses
7Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Accused in Murder Case, Cites Lack of Evidence and Hostile Witnesses

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt based on circumstantial evidence. Key eyewitnesses turned hostile and their testimonies did not establish kidnapping or the 'last seen' theory. The Court emphasized that the foundational principles for convicting on circumstantial evidence were not satisfied, rendering the conviction unsustainable. Facts Of The Case: The case concerns the kidnapping and murder of Bhoominadhan, an auto-rickshaw driver from Nellore. The prosecution's case was that on the evening of 26th March 2016, the appellant-accused, Thammineni Bhaskar (A-1), along with his associates, forcibly dragged the deceased from his auto-rickshaw near a banyan tree in Talpagiri Colony and kidnapped him. The incident was allegedly witness...
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Co-accused’s Acquittal Leads to Supreme Court Setting Aside Another’s Conviction
7Nov By The Legal ChamberNo Comments
Supreme Court

Co-accused’s Acquittal Leads to Supreme Court Setting Aside Another’s Conviction

Based on the principle of parity, the Supreme Court acquitted the appellant. The Court held that when a co-accused, prosecuted on identical evidence in a joint trial, is acquitted and the State does not challenge it, sustaining the conviction of the remaining accused would be unjust and inequitable. Facts Of The Case: On January 1, 2002, the State Task Force officials near Dayamani Restaurant, Kathipudi, noticed two women, the appellant Vaddi Ratnam (Accused No.2) and Nerella Vijaya Lakshmi (Accused No.1). Upon seeing the officials, the co-accused handed a yellow handbag to the appellant, after which both attempted to flee but were apprehended. A search of the bag revealed six packets containing a total of 5.5 kilograms of opium. The accused confessed to being involved in the opium trade...
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Supreme Court Quashes FIR in Property Dispute, Calls it “Abuse of Process of Law”
6Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in Property Dispute, Calls it “Abuse of Process of Law”

The Supreme Court quashed the criminal proceedings, holding that the continuation thereof amounted to an abuse of the process of law. The allegations, arising from a civil dispute over a loan and its guarantee, did not constitute a criminal offense, especially after the withdrawal of an earlier complaint on the same cause of action. Facts Of The Case: This case originated from an FIR registered against the appellant, Bhawana Jain, under Sections 406, 420, 504, and 506 of the IPC. The dispute concerned a plot purchased jointly by her deceased husband and the complainant, Respondent No. 2. After a mutual partition, the husband mortgaged his share to secure a bank loan, with the appellant acting as a guarantor. Following her husband's death in 2016, the complainant filed a private complaint...
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You Can’t Be Convicted Under a Law That Didn’t Exist: Supreme Court Corrects Legal Error in Decades-Old Case
5Nov By The Legal ChamberNo Comments
Supreme Court

You Can’t Be Convicted Under a Law That Didn’t Exist: Supreme Court Corrects Legal Error in Decades-Old Case

In a significant ruling, the Supreme Court set aside the conviction under Section 195-A IPC, holding it unconstitutional for being applied retroactively, violating Article 20(1). However, it upheld the conviction under Section 506-B IPC for criminal intimidation. The Court directed the State to reconsider the deceased appellant's termination and terminal benefits, considering only the surviving conviction. Facts Of The Case: In 1999, a minor girl, who was a witness in a molestation case, set herself ablaze and subsequently died. Before her death, she alleged in a dying declaration that Sheikh Akhtar, a court official (Naib Nazir), and three others had threatened to kill her and her father if she did not compromise her court testimony. Based on this, Akhtar was convicted in 2007 by a Se...
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Supreme Court Facilitates Settlement in Rape and Cheating Case, Orders Return of Money and Gold
5Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Facilitates Settlement in Rape and Cheating Case, Orders Return of Money and Gold

The Supreme Court disposed of appeals concerning allegations under Sections 376, 406, and 506 of the IPC by facilitating a settlement. The Court directed the appellant to deposit a specified sum with the Trial Court and gold ornaments with the High Court Registrar for release to the prosecutrix, thereby resolving the disputes. Facts Of The Case: The case originates from an FIR registered against the appellant-accused based on a complaint filed by the second respondent, the prosecutrix. She alleged that the accused, who was assisting her with ongoing divorce proceedings, forcefully subjected her to sexual intercourse in December 2017 under the threat of disseminating her photographs. Subsequently, on multiple occasions in 2018, he established a physical relationship with her on the false ...
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No Retrial Merely to Fill Gaps in Prosecution, Rules Supreme Court in Drug Case
4Nov By The Legal ChamberNo Comments
Supreme Court

No Retrial Merely to Fill Gaps in Prosecution, Rules Supreme Court in Drug Case

The Supreme Court held that a retrial is an exceptional remedy not warranted merely to rectify procedural lapses in evidence admission. Electronic evidence complying with Section 65B of the Evidence Act is admissible without a transcript. The non-examination of a Chemical Analyst or non-production of samples is not automatically fatal, as an appellate court can remedy such defects under Section 391 CrPC instead of ordering a retrial. Facts Of The Case: The case originated from a raid conducted by police on a hut based on information that the appellant, Kailas, and another accused were stocking Ganja for sale. Following due procedure, the raiding party, which included panch witnesses and a gazetted officer, searched the hut and recovered 18 plastic packets containing 39 kilograms of Ganja...
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Supreme Court Slams Special Treatment, Orders Joint Trial for All Accused in Nuh Violence Case
4Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Special Treatment, Orders Joint Trial for All Accused in Nuh Violence Case

The Supreme Court held that segregating the trial of an accused solely based on their status as an MLA is legally unsustainable. Such an order violates the statutory scheme for joint trials under Sections 218-223 CrPC when offences arise from the same transaction and common evidence. It also infringes upon the fundamental rights to equality under Article 14 and a fair trial under Article 21 of the Constitution. The direction for a separate charge sheet was also quashed as it exceeds the court's jurisdiction. Facts Of The Case: The case originated from two FIRs (Nos. 149 and 150 of 2023) registered at Police Station Nagina, District Nuh, concerning large-scale communal violence that occurred on July 31, 2023. The appellant, Mamman Khan, a sitting Member of the Legislative Assembly (MLA) f...
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