Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa High Court Limitation Period Starts From Date Of Knowledge Of Document, Not From When Certified Copy Is Obtained: Madras High Court Mere Mass Transfer Of Officers By Election Commission Does Not Paralyse State Machinery: Calcutta High Court Dismisses PIL Right To Appeal Under Senior Citizens Act Belongs Exclusively To Parents, Children Cannot File Appeal: Orissa High Court Acquittal Cannot Survive When Overt Acts Are Clearly Proved: Madras High Court Convicts Two Accused in Village Clash Killing Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court No Presumption Of Joint Family Property Merely Because Joint Hindu Family Exists: Andhra Pradesh High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover

"CRIMINAL LAW" Digest

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)...

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 - 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...

Criminal Law - Rape and Abduction – Sections 366 and 376 IPC – Conviction Upheld – The appellant was convicted of abducting and raping the prosecutrix based on her statement under Section 164 CrPC and medical evidence – The conviction by the Trial Court and its affirmation by the High Court were supported by reliable and sufficient prosecution evidence – Held: No grou...

Criminal Law - Preventive Detention – COFEPOSA – Non-placement of son’s “retraction” before Detaining Authority – Detention Sustained – Detention order based substantially on appellant’s own statements under Section 108 of the Customs Act and extensive documentary material recovered during searches – Only a passing reference to the son’s ...

Criminal Law - Homicide – Single Blow – Exception 4 to Section 300 – Conviction Converted – Appellant dealt one lathi blow on deceased’s head during a sudden altercation at a marriage feast – No premeditation and no prior arming shown – High Court altered co-accused outcomes but maintained appellant’s conviction under Section 302 – Held: Ingred...

Criminal Law – Murder – Related Witness Testimony – Hostile Witnesses – Falsus in Uno – Source of Light – Conviction Affirmed – Four appellants allegedly hacked/stabbed the deceased at night; several cited eyewitnesses turned hostile; conviction primarily rested on PW-3 (related witness) with supporting circumstances – Held: Relationship alone does n...

Criminal Law – Acquittal Reversed – Section 149 IPC Applied – Convictions Affirmed – In a group assault by a 27-member unlawful assembly, the Trial Court acquitted all on tenuous grounds (enmity, lack of “independent” witnesses, minor discrepancies). The High Court, after granting limited leave u/s 378(3) CrPC against five named assailants, convicted four (Kallu...

Criminal Law – Murder – Dying Declaration – Victim named appellants Dilip Dey and Manoj Singh as shooters in statement recorded by police officer in presence of doctor and relatives – Statement corroborated by brothers of deceased (PWs 5 and 7) – Medical officer (PW9) confirmed victim was conscious – Objection to lack of medical certificate of mental fitness rej...

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complet...