Tag: Judicial Discretion

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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Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”
13Jun By The Legal ChamberNo Comments
Supreme Court

Husband’s Income vs Wife’s Rights: Supreme Court’s Decision on Permanent Alimony”

The Supreme Court enhanced the appellant-wife's permanent alimony to ₹50,000 per month with a 5% increase every two years, modifying the High Court's order. The Court held the previous alimony inadequate given the respondent-husband's income and the appellant's need to maintain her standard of living. Financial support for the 26-year-old son was not mandated. Facts Of The Case: Rakhi Sadhukhan (appellant-wife) and Raja Sadhukhan (respondent-husband) were married on June 18, 1997, and had a son on August 5, 1998. In July 2008, the respondent-husband filed Matrimonial Suit No. 430 of 2008 seeking divorce on grounds of cruelty. The appellant-wife then filed Misc. Case No. 155 of 2008 for interim maintenance, and the Trial Court awarded her ₹8,000 per month and ₹10,000 for litigation expens...
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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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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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Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused
29May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence in Acid Attack Case but Reduces Term for Elderly Accused

The Supreme Court upheld the conviction of two appellants under Section 326A IPC for an acid attack, affirming the High Court’s ruling. While maintaining life imprisonment for the advocate (Accused No.2), it reduced the sentence of the elderly co-accused (Accused No.1) to 10 years, considering his age and health. The Court reiterated that concurrent findings of fact require no interference unless perverse or legally flawed, emphasizing strict scrutiny in acid attack cases. Procedural lapses in investigation were deemed non-fatal, and medical evidence conclusively established the victim’s injuries. The judgment underscores parity in sentencing while balancing aggravating and mitigating factors. Facts Of The Case: On June 8, 2014, at approximately 8:00 PM near Govind Nagar railway crossing...
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Supreme Court Clarifies Limits of Section 482 CrPC Powers :High Courts Can’t Revive Quashed FIRs After Compromise
26May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Limits of Section 482 CrPC Powers :High Courts Can’t Revive Quashed FIRs After Compromise

The Supreme Court ruled that High Courts cannot revive quashed FIRs under Section 482 CrPC after parties have reached a lawful compromise, emphasizing the absolute bar under Section 362 CrPC against reviewing judgments except for clerical errors. It clarified that inherent powers cannot override statutory prohibitions, allowing recall only in cases of jurisdictional errors or abuse of process. The judgment reaffirmed that violation of compromise terms must be addressed through civil remedies, not criminal proceedings. The Court directed all High Courts to adhere to this settled legal position. Facts Of The Case: The case originated from a property dispute in Haryana, where an FIR (No. 432/2014) was registered under Sections 406 and 420 IPC against Raghunath Sharma and others for alleged ...
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“Supreme Court Rules on Food Adulteration Cases : Strict Punishment in Food Adulteration Cases
20May By The Legal ChamberNo Comments
Supreme Court

“Supreme Court Rules on Food Adulteration Cases : Strict Punishment in Food Adulteration Cases

The Supreme Court ruled that Section 20AA of the Prevention of Food Adulteration Act (PoFA), 1954, bars probation for offenders convicted under the Act between 1976 and 2006, upholding strict sentencing to deter food adulteration. It also held that the Food Safety and Standards Act (FSSA), 2006’s repeal clause preserves penalties under PoFA, denying retrospective benefit of reduced sentences. However, citing discrepancies in evidence, the Court partially allowed the appeals by converting imprisonment into fines, balancing strict legal interpretation with equitable relief. The judgment reaffirms legislative intent to prioritize public health over reformative leniency in food safety violations. Facts Of The Case: The case involved two criminal appeals before the Supreme Court of India, ari...
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“Masterminds Can’t Claim Parity with Minor Accused”: Supreme Court Overrules Bail Order under 302 IPC
17May By The Legal ChamberNo Comments
Supreme Court

“Masterminds Can’t Claim Parity with Minor Accused”: Supreme Court Overrules Bail Order under 302 IPC

The Supreme Court ruled that bail parity cannot be mechanically applied when material distinctions exist between accused persons. It held that alleged conspirators/masterminds of a serious crime (Section 302 IPC) cannot claim bail parity with minor co-accused, especially when evidence suggests their active role in hiring a contract killer. The Court emphasized that bail decisions must consider the gravity of allegations, evidentiary role of each accused, and potential witness intimidation, rather than granting parity as a blanket rule. The judgment clarified that "parity" under Section 439 CrPC requires comparable roles, not mere similarity of charges. Facts Of The Case: The case involves a brutal shooting during a marriage procession in Rajasthan on November 28, 2023. The prosecution al...
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