April 9, 2026 5:41 am

Red-Fort Attack Case – Death penalty to Lakshar-e-Toiba militant – Affirmed –

Bysclaw

Nov 15, 2022

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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

CONVERSION –Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 3(1)(r), 3(1)(s), 3(2)(va) — Penal Code, 1860 — Sections 341, 323, 506 read with Section 34 — Quashing of criminal proceedings — Appellant converted to Christianity and worked as a Pastor for ten years — High Court quashed proceedings, holding appellant disentitled to protection under SC/ST Act due to conversion — Supreme Court upheld High Court’s decision — Conversion to a religion other than Hindu, Sikh, or Buddhist results in automatic and complete loss of Scheduled Caste status — Religious conversion bars claim to benefits under SC/ST Act, as it is predicated on Scheduled Caste membership.

Mar 26, 2026 sclaw

Penal Code, 1860 (IPC) — Section 376 — Offences Against Women — Sexual Assault — Trial Court convicted accused for sexual assault based on victim’s testimony corroborated by parents, medical witnesses, and others — High Court acquitted accused, citing improbabilities like distance traveled by victim and family animosity, and contradictions in witness testimonies — Supreme Court, while acknowledging the scope of interference in acquittals, analyzed the evidence — Supreme Court held that minor inconsistencies should not lead to rejection of credible testimony and that medical evidence corroborated victim’s testimony — Therefore, the Supreme Court set aside the High Court’s acquittal and upheld the conviction, stating the victim’s sole testimony was sufficient to establish the offense.

Mar 26, 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