Criminal appeal – Lawcutor

Delhi high court…

Delhi High Court Acquits POCSO Convict, Holds Trial Court Wrongly Applied Section 29 Presumption Without Establishing Foundational Facts

Introduction In a significant judgment on the scope of the statutory presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Justice Madhu Jain…

bombay high court…

Bombay High Court Weighs Appointment of “Mitigating Investigators” in Death Reference, Seeks State’s Response on Duplication of Mitigation Exercise

Introduction In an interlocutory order that touches on an evolving and important area of death penalty jurisprudence — how courts gather mitigating circumstances before confirming a death sentence — the…

Madhya Pradesh High Court…

12-Day Delay Cannot Defeat a Statutory Right of Appeal”: MP High Court Sets Aside Mechanical Rejection of Condonation Application in Cheque Bounce Case

Introduction The Madhya Pradesh High Court, Indore Bench, has set aside a Sessions Court order that dismissed a convict's first appeal solely on the ground of a 12-day delay in…

Supreme Court Quashes POCSO FIR Against Paternal Aunt: Counterblast Allegations in Marital Discord

Background The appellant, the paternal aunt of twin children, was booked under Section 354 IPC and Section 8 of the POCSO Act on the basis of an FIR lodged by…

Supreme Court Acquits Accused in Cheque Bounce Case: Material Alteration of Cheque Voids Conviction

Background The appellant was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque. The trial court held that the cheque was for ₹1,10,000. The…

Gauhati High Court Upholds Doctor’s Conviction for Outraging Patient’s Modesty, Reduces Sentence to Fine

he Gauhati High Court has reaffirmed that a doctor cannot claim the protection of medical examination when his conduct exceeds legitimate medical practice and violates the dignity of a patient.…

Supreme Court Acquits Accused in 1977 Murder Case – Benefit of Doubt Extended Due to Inconsistencies, Delays, and Unreliable Evidence

the Supreme Court has acquitted the surviving appellants in a decades-old murder case from Uttar Pradesh, highlighting serious lapses in the prosecution’s case including unnatural conduct of witnesses, unexplained delays…

Supreme Court Holds Section 19(1) JJ Act Order Mandatory – Conviction of Juvenile as Adult Without Specific Determination Set Aside

The Supreme Court has clarified that the Children’s Court must pass a reasoned order under Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, after receiving…

Supreme Court Clarifies Applicability of Haryana Remission Policies – 2002 Policy (Art. 161) Prevails Over 2008 Policy for Appellant

In a significant ruling on remission policies, the Supreme Court has held that the appellant, convicted for murder, is entitled to consideration under the more beneficial 2002 Haryana Remission Policy…

Supreme Court Upholds Acquittal of Central Excise Officers in Bribery Case – Reiterates Necessity of Proving Demand & Acceptance under PC Act

The Supreme Court has dismissed appeals filed by the State of Uttar Pradesh against the acquittal of Central Excise officers accused of demanding and accepting bribe, holding that the prosecution…