Section 304A IPC - Medical Negligence – Standard of Care – Toxic Epidermal Necrolysis (TEN) – Administration of Steroid Depomedrol – Excessive Dosage and Absence of Supportive Therapy – Held, treatment line adopted by respondents wholly inconsistent with established medical protocol – Depomedrol (long-acting steroid) administered at 80 mg twice daily, exceeding ...
Criminal Law – Remission / Premature Release – Categorisation under 2010 Guidelines – Life convict initially directed to be released after 24 years by applying Category 4(d) (murder jointly with another with premeditation) – Held: On facts, offence arose from perceived protection of family prestige (love affair involving appellant’s sister) and falls under Category 3(...
Criminal Law - Sentencing in Rape Cases – Reduction of Sentence – Section 376(2)(f) IPC – High Court reduced sentence from 10 years to 5 years citing young age and tribal background of the accused – Held: These are not “adequate and special reasons” as required under law – Reduction of sentence without satisfying statutory conditions is legally unsustainab...
Criminal Law - Sanction for Prosecution – Scope of Section 197 CrPC – Police Officer Acting in Discharge of Official Duties – Cognizance Quashed – Magistrate took cognizance against a police officer for alleged unlawful search without warrant – High Court held sanction under Section 197 CrPC not required – Held: Act of search was reasonably connected to discharg...
Compulsory Registration of Marriage – Public Interest and Legal Certainty – Marriage Registration Made Mandatory – Supreme Court took suo motu cognizance of the issue while hearing a transfer petition – Held: Registration of marriages is essential for legal proof, curbing child marriages, ensuring rights of women, and preventing denial of marriage – Directed all State...
Criminal Law – Murder by burning – Dying declarations – Sections 302, 498A IPC; Section 32 Evidence Act – Appeal partly allowed – Husband’s conviction under Section 302/34 IPC upheld; mother-in-law given benefit of doubt owing to inconsistency between two dying declarations; conviction of both under Section 498A IPC affirmed – First declaration (to doctor)...
Criminal Law – Conviction For Kidnapping And Murder - Circumstantial Evidence – Chain of circumstances complete – Conviction Affirmed – The prosecution case rested on circumstantial evidence comprising (i) “last seen” testimony of PW-4 (child witness) and PW-15 (independent taxi driver), (ii) extra-judicial confessions made separately by both appellants to PW-11...
Prevention of Corruption Act – Sanction for Prosecution – Section 19 PC Act – Former Public Servants – No Sanction Required – Held: Cognizance requires sanction only if the accused continues to hold the office alleged to have been misused – If ceased to be public servant at the time of cognizance, no sanction needed – Doctrine settled in S.A. Venkataraman,...
Criminal Law – Murder – Section 313 CrPC & Section 106 Evidence Act – Death Sentence Set Aside – Appellant convicted for murdering wife on basis of circumstantial evidence, hostile witnesses, and alleged recoveries – Sessions Court and High Court relied on Section 106 Evidence Act and compared probabilities of two versions – Held: Prosecution failed to estab...
Criminal Law – Murder – Circumstantial Evidence – Conviction and Death Sentence Confirmed – Appellant convicted for brutal murder of six family members including women and children in a premeditated act – Trial court imposed death penalty under Section 302 IPC – High Court confirmed conviction and sentence – Supreme Court held: Circumstantial chain complet...