Criminal Procedure - Appeal against Conviction - Murder case - Evidence based on circumstantial evidence - Absence of motive - Importance of motive in circumstantial evidence cases - Motive not necessary to be proved in detail for establishing guilt beyond reasonable doubt - Accused found guilty based on other circumstantial evidence. [Paragraphs 4, 5, 27]
Criminal Procedure - Appeal ...
Criminal Appeal – Conviction based on Circumstantial Evidence – Acquittal – The appellant challenges the judgment and order of the High Court and trial court that convicted him for murder. The appeal revolves around the assessment of the evidence presented by the prosecution. The conviction is questioned based on the insufficiency and unreliability of evidence. [Para 1]
Standa...
Criminal Law - Conviction based on Circumstantial Evidence - Standard of Proof - The prosecution must establish the circumstances from which the conclusion of guilt is drawn beyond reasonable doubt. The circumstances must be consistent only with the hypothesis of the accused's guilt and should exclude every other possible hypothesis. There must be a complete chain of evidence leaving no reason...
Criminal Appeal – Quashing of Proceedings – Appellant challenges the impugned order of the High Court – Appellant granted leave – Merits of arguments not considered, given potential impact on trial rights [Para 2].
Scope of Quashing Proceedings – Distinction between quashing proceedings under Section 482 of Cr.P.C. and application for discharge – High Court c...
Code of Criminal Procedure, 1973 - Section 167(2) - Prevention of Money Laundering Act, 2002 - Section 19 - Applicability of Section 167(2) CrPC to proceedings under PMLA Act - Interpretation of statutes - Custody during investigation - The Supreme Court held that the provisions of Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) are applicable to proceedings under the Prevention of M...
Civil Revision – Challenge to impugned order – Application under Order 18 Rule 3-A, CPC declined – Rent Controller’s decision challenged – Petitioner seeks revision of the decision – Matter relates to eviction petition – Respondent failed to step into witness box – Petitioner raised objection, filed application under Order 18 Rule 3-A, CPC – Re...
Criminal Law - Revision Petitions - Setting aside of Charges - Allegations under IPC sections 498A/406/34 - Matrimonial dispute - Misappropriation of stridhan and harassment for dowry - General and omnibus nature of allegations against in-laws - Specific allegations against husband - Court's duty to scrutinize allegations carefully. [Para 10]
Criminal Procedure - Jurisdiction - Co...
Criminal Law - Quashing of Order - Money Laundering - Petitioner accused of siphoning Rs. 190 crores - Enforcement Directorate registered case under PMLA - Petitioner seeks quashing of order dismissing application for exemption from personal appearance - Petitioner's counsel argues non-inclusion as accused in initial FIR - Enforcement Directorate later adds petitioner's name through supple...
Criminal Appeal – Bail Application – Appellant, a retired police officer, accused in various offenses under IPC, Arms Act, and UAPA – Initially denied bail by Special Court and High Court – Appeals to Supreme Court. [Para 1-3]
Charges and Allegations – Accused of involvement in planting gelatin sticks and a murder conspiracy – High Court found a “feeble...
Facts: Conviction of the appellant for offenses including murder, attempted murder, kidnapping, and violation of the Bombay Money Lender's Act related to an incident on 18th November 2010. [Para 1-4]
Issues: Examination of the reliability of child witnesses, determination of intentional murder under section 302 of the IPC, and involvement in illegal money lending. [Para 8-9, 16]
Observat...