April 8, 2026 2:23 pm

Murder—Doubtful presence of Eye witnesses—Injured witness did not depose as to presence of eye witnesses at place of occurrence-Accused acquitted

Bysclaw

Jul 14, 2019

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Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted.

Apr 7, 2026 sclaw

Criminal Procedure Code, 1973 (CrPC) — Sections 482 and 226 — Quashing of FIR and criminal proceedings — Allegations of dowry demand, cruelty, and assault resulting in miscarriage — Delay in lodging FIR — Vague and omnibus allegations without corroborating evidence — Inherent improbability of allegations — Abuse of process of law — The Supreme Court quashed the FIR and criminal proceedings against the appellants (sister-in-law and parents-in-law) leading to a miscarriage — The Court noted significant delay in lodging the FIR, vague and omnibus allegations without concrete evidence, and the inherent improbability of the accusations — The Court emphasized that general and sweeping accusations unsupported by evidence cannot form the basis for criminal prosecution and that the legal provisions should not be misused for personal vendetta or arm-twisting tactics — The Court relied on the principles laid down in State of Haryana vs Bhajan Lal, including cases where allegations are absurd or inherently improbable, or where the proceeding is maliciously instituted with ulterior motive — The Court also considered the age and career prospects of the accused, deeming it inexpedient and not in the interest of justice to allow the prosecution to continue against them.

Mar 29, 2026 sclaw

Acquittal Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Section 50 — Compliance with search provisions — Accused must be apprised of legal right to be searched before a Magistrate or Gazetted Officer, not a Police Officer — Offering a third option to be searched before a Police Officer contravenes Section 50 and vitiates the entire trial — High Court correctly set aside conviction based on non-compliance with Section 50

Mar 17, 2026 sclaw

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Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted.

Apr 7, 2026 sclaw

Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word “bastard” is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside.

Apr 7, 2026 sclaw

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Medical negligence — Consent for surgery — Allegation of interpolation in consent form for Orchidectomy — Medical Board’s opinion that Orchidectomy was an appropriate procedure in cases of undescended testicle and that consent should have been obtained — No evidence of interpolation in consent form (different ink or handwriting) — Consent form indicated both Orchidopexy and Orchidectomy as options. Held, continuance of criminal proceedings would be an abuse of process of court and liable to be quashed. Appeals allowed, impugned High Court judgment set aside, and proceedings quashed

Apr 7, 2026 sclaw

Extraordinary Jurisdiction of Supreme Court (Article 136) — Equitable relief — Not granted to litigants whose conduct is callous, lackadaisical, and in clear violation of applicable rules and regulations — Commercial decisions of State Government not substituted by court.

Apr 7, 2026 sclaw