Circumstantial evidence - Conviction based on circumstantial evidence - Principles - The circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established - The circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused - The circumstances taken cumulatively should form a chain so complete that there is no escape f...
Circumstantial evidence - Conviction based on circumstantial evidence - Principles - The circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established - The circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused - The circumstances taken cumulatively should form a chain so complete that there is no escape f...
Criminal Law - Conviction and Acquittal - Quashing of conviction and acquittal of appellants in corruption case - Challenge to - Accused appellants convicted for various offenses under Indian Penal Code and Prevention of Corruption Act - High Court confirmed the convictions - Appeals filed before Supreme Court - Examination of evidence and legal provisions - No specific allegations or findings aga...
Criminal Appeal - Conviction under Section 302 of IPC - Appellants convicted and sentenced to life imprisonment - Appeal against conviction - Benefit of doubt - Interpolation in FIR - Delay in conducting post-mortem - Lack of credible eye-witnesses - Discrepancies in evidence - Presence of accused appellants not well established - Acquittal granted - Judgment and orders of lower courts set aside. ...
Criminal Appeal – Acquittal in charges under Sections 306/498-A RPC – Lack of substantive independent evidence – Failure to prove abetment – Analysis of prosecution evidence – Dying declaration as primary evidence – No direct nexus between respondent’s actions and victim’s suicide – Testimony of star witnesses inconsistent – Cordial relat...
Offence of stalking under Section 354-D IPC – Ingredients required to establish the offence – Intent to foster personal interaction despite clear disinterest – Legislative intention and concerns of misuse (Paragraphs 6, 10, 12, and 19).
Offence under Section 509 IPC – Requirement of prima facie establishment of intention to insult the modesty of a woman –...
Further Investigation - Quashing of supplementary charge-sheet and summoning order - Scope of further investigation by Investigating Officer - Liability of witness of an agreement to sell - Whether further investigation can be conducted without prior permission of Magistrate - Whether witness of an agreement to sell can be held criminally liable - Held, further investigation by the Investigating O...
Narcotic Drugs and Psychotropic Substances Act – Non-compliance with Section 57 – Appeal against Conviction – Code of Criminal Procedure, 1973, Section 374 – NDPS Act, 1985, Sections 15, 57 – Appellant convicted for possession of 800 kg of poppy straw – Non-compliance with Section 57 claimed – Held, non-compliance with Section 57 does not vitiate the prose...
Criminal Law – Appeal against Conviction – Section 307 IPC Consideration – Code of Criminal Procedure, 1973, Section 374 – Indian Penal Code, 1860, Sections 34, 323, 325, 506 – Appeal against conviction for causing grievous hurt – Dispute over outstanding payment for milk – Injuries on both sides – No intent to cause death – Injuries not life-t...
Anticipatory Bail - Freedom of Religion - Propagation of Religion - Limits of - Right to propagate religion subject to public order, morality, health, and other constitutional provisions - Statements promoting violence and justifying murder on religious grounds not protected under freedom of religion. [Para 9]
Seriousness of Offenses - Anticipatory Bail - Discretion of the Court - Whe...