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 – Sentencing – Sections 307, 333 IPC – Undue Leniency by High Court – Order reducing sentence to period undergone set aside – Trial court convicted one accused under Sections 307 & 330 IPC and the other under Sections 307/34 & 333/34 IPC for assault on a constable with sharp weapon on a railway platform – High Court reduced sentence to about...

Criminal Law – Abetment of Suicide – Ingredients – Suicide by business associate allegedly due to mental harassment and coercion in connection with profit-sharing – Suicide note blamed appellant and others for pressuring deceased – Trial court framed charge under Section 306 read with Section 34 IPC – Supreme Court held that for abetment under Section 107 IPC, i...

Anticipatory Bail – Sections 75, 79, 351(2), and 352 BNS - Allegation of Sexual Harassment – Guest Lecturer alleged that petitioner (Accused No.1), a University official, filmed her, used obscene language, and threatened job loss unless she complied with sexual demands – Accused Nos. 2 and 3 granted bail by Sessions Court – Petitioner’s bail rejected without reasons &...

Criminal Law – Death Penalty – Rarest of Rare – Commutation – Bachan Singh Doctrine Reaffirmed – Appellant convicted of kidnapping and dismembering a friend’s body after murder for ransom – Sessions and High Courts imposed death penalty considering brutality and role of mastermind – Supreme Court holds that mitigating factors such as youth, no past c...

Criminal Law – Attempt to Murder – Acquittal under Section 307 IPC – Conviction under Section 324 IPC – Appeal by the State against acquittal of accused No.1 (Jaison) under Section 307 IPC and of accused Nos. 2 and 3 (Biju and Mohanan) under Sections 341, 324, 307 r/w 34 IPC – Trial Court convicted accused No.1 under Section 324 IPC and sentenced him to two years&rsqu...

Criminal Law – Dowry Death – Presumption under Section 113B Evidence Act – Marriage Date Dispute – Appellant convicted under Sections 304B and 498A IPC for causing death of wife by burns – Trial Court held marriage occurred in 1987 and drew presumption of dowry death – Supreme Court held marriage likely occurred in 1983 as per voter list evidence, making Section...

Narcotic Drugs and Psychotropic Substances Act – Bail – Commercial Quantity – Petitioners arrested with 112.270 kg of ganja, a commercial quantity, and in custody for 182 days – No application filed by the Public Prosecutor seeking extension of detention under Section 36A(4) of the NDPS Act – Held: In absence of a report from the Public Prosecutor seeking extension be...

Criminal Procedure – Warrant Case on Complaint – Framing of Charge – Applicability of Section 245(2) and 246(1) CrPC – Appellant, Director of Indian School of Mines, prosecuted for conspiracy to use forged document in judicial proceedings – Trial Court dismissed discharge application under Section 245(2) and framed charge without recording evidence – Held: In co...

Criminal Law – Common Object – Murder – Section 149 IPC – Appellants convicted for double murder arising out of long-standing family enmity – Deceased persons were attacked in two successive incidents by a group armed with deadly weapons – Trial court and High Court found all accused shared common object and participated in the crime – Held: Even in absenc...

Criminal Law - Murder – Section 302, 34 IPC – Circumstantial Evidence and Last-Seen Theory – Conviction Set Aside – The appellant was convicted for murder based on being last seen with the deceased and an extra-judicial confession – Held: Last-seen circumstance without a complete chain of evidence cannot justify conviction, particularly with time-gap between deceased ...