Digi - Legal Insights

Considering aims of Protection of Children from Sexual Offences Act and victim's status as a minor, case does not warrant exceptional consideration under Section 482 of CrPC.

Impugned detention orders are quashed, as detention order, based on Petitioners criminal history to prevent actions prejudicial to public order, was ultimately flawed due to lack of verification of truthfulness of statements.

Impugned Order discharging Petitioners from case filed by ACB, has attained finality and discharge by trial Court is an admitted fact on record hence, impugned ECIR and charge-sheet registered by Respondent No.2 qua Petitioners, deserves to be quashed. 

Judgment passed by Additional Sessions Judge convicting accused for offence punishable under Section 302 of IPC and sentencing to undergo life imprisonment along with fine Rs.50,000/- is modified.

Applicant No.2 had no interaction that influenced the informants marital situation thus, proceeding with a trial based on vague allegations would constitute an abuse of legal process, same needs to be set aside.

Non-applicant No.1 along with her son is entitled to reside in shared household on first floor instead of on ground floor as described in application.

Order of issuance of process set aside, as Magistrates order to take cognizance and issue summons is criticized for lacking reasoning and failing to show application of mind to allegations in complaint, rendering it contrary to Section 200 of CrPC.

Sessions Courts conviction based solely on sole eyewitness unreliable testimony is deemed flawed, as evidence of sole eyewitness is full of inconsistencies and is not corroborated by evidence of other witnesses or medical evidence.

If a new bail application is submitted to Sessions Court, it should be assessed without influence from prior observations and may take into account any changes in circumstances related to victims or other relevant factors.

Based on witness statements and victims account, injuries sustained by victim are deemed simple therefore, it is unnecessary to keep Applicant in custody at this time.

Furlough for Convicts - Denial of furlough solely due to absence of a family undertaking is unjustified.

Suspension of Sentence Pending Appeal - Suspension of sentence during pendency of appeal justified when the applicant has undergone a significant portion of imprisonment.

Grant of Set-off for Pre-Trial Detention - Convicts are entitled to set-off for pre-trial custody under Section 428 of CrPC; denial of such benefit is unjustified.

Closure of Investigation Due to Death of Accused - Classification of investigation as A-Abated summary is invalid; it should be closed as abated due to the accuseds death.

Quashing of FIR in Settled Cases - If parties have settled their disputes amicably, continuation of criminal proceedings will be an exercise in futility.

Quashing of FIR in Amicable Settlements - Criminal proceedings quashed as disputes were amicably settled, rendering continuation futile.

Permissibility of Additional Evidence - Documents not part of the original charge sheet cannot be introduced during a trial unless included through supplementary investigations.

Right to Protest - Prosecution must not be used to stifle democratic agitations unless violence or illegality is involved.

Quashing of FIR - Court must go beyond FIR averments to detect mala fide motives and determine if offence is prima facie made out.

Quashing of Chargesheet - If ingredients of offence are not made out, continuation of proceedings is abuse of process of law.