Dishonour of Cheque – Section 138 NI Act – Ingredients of Offence – The Court reiterated that to constitute an offence under Section 138 NI Act, the complainant must establish issuance of cheque, its presentation, dishonour, statutory notice to the drawer, and failure to pay within 15 days – These conditions are mandatory [Para 7].
Vicarious Liability of Directors &ndash...
Bribery by Public Servant – Acceptance of Illegal Gratification – Conviction sustained – Section 161 IPC and Section 5(1)(d) r/w Section 5(2) PC Act – Appellant, a clerk, was caught accepting Rs. 200 in trap operation conducted by Lokayukt – Defence claimed he was only a conduit for a superior officer – Held: Once acceptance is proved, presumption under Section ...
Rape – Conviction under Section 376 IPC – Not Sustainable – Medical evidence showed presence of semen but no signs of forcible intercourse or injuries on victim – No evidence of absence of consent – Prosecution failed to have accused medically examined after recovery – Held: Conviction under Section 376 IPC set aside [Paras 8, 21].
Circumstantial Evidence &nd...
Remission Policy – Right to be considered – State of Haryana’s 2002 circular imposing stricter conditions for release of certain categories of life convicts challenged – Held: A convict has no fundamental right to remission but has a legal right to be considered for remission in terms of applicable rules/policies – Such right flows from Prisons Act, statutory rules an...
Terrorism – TADA – Confessional Statements – Admissibility – Confessions recorded under Section 15 TADA Act by competent officers held admissible when procedural safeguards substantially complied with – Certificates under Rule 15(3)(b) mandatory but defect curable where recording officers testified to full compliance and voluntariness – Confessions of A-27 and A...
Criminal Procedure – Second Complaint – Dismissal of Earlier Complaint for Default – Whether Barred – Petitioner challenged maintainability of a second complaint under the Prevention of Corruption Act, 1988, after the first was dismissed for non-filing of process fee – Contended that the learned Additional Sessions Judge was incompetent to take cognizance again under ...
Murder – Familial Mass Homicide – Death Penalty Justified – Section 302 IPC – Rare and Diabolic Nature of Crime – Upheld – The accused Sonia and her husband Sanjiv (A-1 and A-2) were convicted for the premeditated and cold-blooded murder of eight family members including three children – Held: The nature of the crime was grotesque, calculated, and executed...
Criminal Law – Rape and Murder – Circumstantial Evidence – Last Seen – Extra-Judicial Confession – Recovery – Conviction Upheld – Appellant convicted for kidnapping, rape and murder of 10-year-old girl – Conviction based on chain of circumstantial evidence including last seen theory, extra-judicial confession, recovery of articles and forensic eviden...
Criminal Law – Communal Violence – Reinvestigation – SIT – Witness Protection – Victims’ Rights – Fair Trial – Appointment of Public Prosecutors – Judicial Oversight – Directions Issued – Supreme Court directed constitution of a five-member Special Investigation Team (SIT) headed by former CBI Director R.K. Raghavan to undertake fur...
Abetment of Suicide – Section 306 IPC – Mere cruelty or harassment without proof of direct or indirect instigation not sufficient – Letters proved dowry demand and cruelty – Conviction under Section 306 IPC set aside – Convictions under Section 498A IPC and Section 3 Dowry Prohibition Act upheld – Sentence under DP Act reduced to three years – Appeal partl...