Victim 'Habituated To Sexual Intercourse': Jharkhand High Court Acquits Man In Rape Case After Noting 5-Year Relationship

The Jharkhand High Court has acquitted a man convicted of rape on the false promise of marriage, holding that the evidence showed the prosecutrix, a 30-year-old woman, had been in a consensual relationship with the appellant for nearly five years and was habituated to sexual intercourse. The Court held that the case did not fall within the category of rape on a false promise of marriage.A...

S.397(2) CrPC | Order Refusing Additional Evidence At Appellate Stage Is Interlocutory, Revision Not Maintainable: AP High Court

The Andhra Pradesh High Court has held that a criminal revision petition is not maintainable against an interlocutory order rejecting an application to adduce additional evidence at the appellate stage. [2026 LiveLaw (AP) 170]The Court clarified that such an order does not determine the substantive rights of the parties and is therefore barred from revision under Section 397(2) of the Code...

How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure

The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...

'Prima Facie' Case Of Harbouring Offender: Kerala High Court Upholds FIR Against Priest For Aiding Woman Impersonating A Lawyer

The Kerala High Court has refused to quash criminal proceedings against a priest charged with aiding a woman who allegedly forged an advocate's enrolment certificate and practised as a lawyer, holding that the materials collected during investigation prima facie make out an offence of 'harboring' under Section 212 IPC. [2026 LiveLaw (Ker) 421]For context, the allegation against the first...

Reliable Dying Declaration Alone Can Be Basis For Conviction: Allahabad High Court Affirms Life Sentence Of 2 For Setting Woman Ablaze

The Allahabad High Court last week affirmed the life sentence awarded to 2 women for killing a married woman by setting her ablaze while observing that a dying declaration which is voluntary, truthful and recorded when the maker is in a fit state of mind can, by itself, form the basis of conviction.A Bench of Justice Rajesh Singh Chauhan and Justice Pramod Kumar Srivastava thus dismissed...

Gujarat Govt Reinstates Special Public Prosecutor In 2019 Vadodara Custodial Death Case After High Court Intervention

The Gujarat High Court was informed on Friday (July 31) that the State government has reinstated the Special Public Prosecutor (SPP), who was earlier conducting the trial in the 2019 alleged custodial death of a Telangana man in Vadodara and whose appointment had subsequently been discontinued. [2026 LiveLaw (Guj) 209]The development came after the High Court had asked the State to take...

Fake Aadhaar, PAN Cards For Illegal Bangladeshi Immigrants Prima Facie Endanger India's Sovereignty: Karnataka High Court

The Karnataka High Court has observed that facilitating fake Aadhaar and PAN cards for illegal immigrants from Bangladesh prima facie amounts to an act endangering the sovereignty, unity and integrity of India under Section 152 of the Bharatiya Nyaya Sanhita (BNS). [2026 LiveLaw (Kar) 276]The single judge bench of Justice S Vishwajith Shetty thus dismissed the bail plea of Sidul Mandal,...

Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case

The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...

Can CBI Re-Arrest Accused Granted Bail On Technical Grounds Without First Obtaining Bail Cancellation Order? Gauhati High Court Answers

The Gauhati High Court has held that an investigating agency can re-arrest an accused who was granted bail on procedural technicalities rather than on merits, without first obtaining an order cancelling the bail.Justice Sanjeev Kumar Sharma dismissed a criminal petition challenging a Special Judge's order issuing a production warrant and permitting the Central Bureau of Investigation (CBI)...

Section 141 NI Act Inapplicable To Sole Proprietorships; Family Members Can't Be Prosecuted As 'Partners': Calcutta High Court

The Calcutta High Court has held that the vicarious liability provision under Section 141 of the Negotiable Instruments Act, 1881 cannot be invoked against family members of the proprietor of a sole proprietorship concern, reiterating that a sole proprietorship has no separate legal identity and is outside the ambit of the provision.The Court further held that criminal liability under Section...

'Judicial Harakiri': Orissa High Court Criticizes Magistrate For Ignoring Direction To Decide Maintainability Of Cheque Bounce Case

The Orissa High Court has criticized a Judicial Magistrate First Class (JMFC) for dismissing a petition seeking to decide the preliminary question of maintainability of a cheque bounce case brought under Section 138 of the Negotiable Instruments Act, 1881 (the 'NI Act'), despite a clear direction from the High Court to decide the same. [2026 LiveLaw (Ori) 89]A Bench of Justice V. Narasingh...

Mere Running Away From Police Not 'Use Of Criminal Force': Karnataka High Court Quashes Assault Case Against Youth

The Karnataka High Court has quashed criminal proceedings against a 24-year-old man, accused of assaulting police personnel, while observing that merely running away from police cannot constitute 'use of criminal force' under Section 353 [Assault or criminal force to deter public servant from discharge of his duty] of the IPC. [2026 LiveLaw (Kar) 275]The single judge bench of Justice...