In a prosecution under Sections 3,5,7 or 9 of the POCSO Act, once the foundation of the prosecution case is laid by legally admissible evidence, statutory presumption under Section 29 gets triggered, and the reverse burden is on the accused to prove the contrary. The provisions of the Juvenile Justice (Care and Protection of Children) Act that deal with the documents that can be relied upon to prove the age of a juvenile for the purposes of that Act do not, and indeed cannot, preclude a court c...

Jurisdictional Special Court under the NDPS Act has the power to consider the grant of interim custody of vehicles seized under the Act, by invoking the powers under Section 457 of the Cr.P.C. 2024 KLT OnLine 1128 Hon’ble Mr. Justice A. Muhamed Mustaque, Hon’ble Mr. Justice Sathish Ninan& Hon’ble Mrs. Justice Shoba Annamma Eapen Pradeep v. District Drug Disposal Committee Decided on 19th February, 2024 For Petitioner : Advs. M/S. Suresh Kumar Kodoth & Sukarnan For Re...

[Crl. P.C.] Application for cancellation of Bail entertained by Judge other than the Judge who granted the Bail – Improper. 2024 KLT OnLine 1112 (SC) Hon’ble Mr. JusticeB.R. Gavai &Hon’ble Mr. JusticeSandeep Mehta Himanshu Sharma v. State of Madhya Pradesh Decided on 20thFebruary, 2024 For full judgment 'click here'

If the evidence tendered by the eyewitnesses do not inspire confidence or suffer from glaring inconsistencies coupled with omission to examine material witnesses, the omission to seek ballistic opinion and examination of the ballistic expert may be fatal to the prosecution case. 2024 KLT OnLine 1113 (SC) Hon’ble Mr. Justice A.S. Oka & Hon’ble Mr. Justice Ujjal Bhuyan Ram Singh v. State of U.P. Decided on 21st February, 2024 For full judgment 'click here'

T.P. Chandrasekhran Murder case: No death sentence for the convicts, stricter terms of life imprisonment imposed Any crime that is committed with a view to silence dissent, which is an integral facet of the right to privacy under Article 21 of our Constitution, has to be seen as a crime against the people at large in a society that has chosen to be governed by democratic principles.— Dr. Justice A.K.Jayasankaran Nambiar What the Court stated for not imposing the death penalty and for im...