Criminal Law - Murder and Robbery – Circumstantial Evidence – Conviction Upheld – The appellant, a former employee of the deceased, was last seen with the victim and was found in possession of stolen gold ornaments soon after the crime – Blood-stained shirt belonging to him was recovered – Medical injuries, absence of explanation, and recoveries corroborated guilt &nd...
Criminal Law – Sect. 376 of the IPC – Appeal Against Acquittal - Rape of Minor – Credibility of Victim – Conviction Restored – The prosecutrix, aged about 5½ years, was subjected to rape by the accused, a known family member – Her statement was found consistent, trustworthy and corroborated by medical and forensic evidence – Trial court convicted th...
Criminal Law – Rape – Acquittal reversed – Sensitivity in adjudication – Delay explained – Medical opinion not decisive – Prior sexual history irrelevant – Section 228A anonymity – The High Court acquitted the accused of rape (Section 376 IPC) citing delay, alleged contradictions, “habituation,” and lack of maid-servant proof – Held...
Criminal Law - Review of Criminal Order – Section 362 CrPC – High Court Cannot Review Final Order – The High Court initially dismissed the respondent’s petition under Section 482 CrPC, finding proper sanction and a prima facie case – Subsequently, the same judge passed another order reversing the earlier one on a clarification petition – Held: The second order w...
Criminal Law – Murder - Circumstantial Evidence – Standards for Conviction – Guilt Not Established – The prosecution case was entirely based on circumstantial evidence, including alleged extra-judicial confession, bloodstained clothes, and conduct of the accused – The High Court found gaps in the chain of circumstances and held that they did not conclusively point to ...
Criminal Law - Sentencing – Death Penalty – Scope for Commutation – Section 302 read with Section 149 IPC – Sentence Commuted - Appellant was part of an unlawful assembly that caused death of 21 persons – Though courts below treated case as rarest of rare, Supreme Court re-evaluated aggravating and mitigating factors – Held: Provocation from prior murders of acc...
Criminal Law – Conspiracy to Commit Murder – Acquittal of Main Accused – Accused Nos. 1 (Solicitor), 2 (Broker), and 3 (Beneficiary of land deal) charged with conspiracy to murder Pradeep Jain through underworld don Abu Salem – Trial court found no direct evidence linking A1–A3 to the hired shooters (A5–A13) – Supreme Court upheld acquittal of A1 and A2 du...
Criminal Law – Murder - Death Penalty – Brutality of Crime – Sentence Upheld – The appellant brutally murdered four members of a family, including a minor child, and attempted to destroy evidence – The crime was premeditated, diabolical, and executed with extreme cruelty – Held: The case falls within the “rarest of rare” category – Death senten...
Criminal Law - Preventive Detention – Scope of Judicial Review – Article 226 and 32 of the Constitution – Interference Refused – The appellant challenged the detention order dated 14.09.1995 under Section 12 of the Bihar Control of Crimes Act on the ground that the District Magistrate lacked authority and the detention was politically motivated – Held: Scope of interf...
Rape – Reversal of Acquittal – Section 376 IPC – Conviction Restored – The State of Punjab filed an appeal under Article 136 of the Constitution challenging the High Court’s acquittal of the respondent who had been convicted by the trial court under Section 376 IPC – Supreme Court held that the High Court erred in discarding the prosecution’s case based on...