Criminal Law – Appeal against Reversal of Acquittal – Two-Views Rule Reaffirmed – High Court reversed acquittal for murder; SC found prosecution evidence riddled with omissions, improvements, contradictions (FIR timing/fitness, non-mention of injuries, non-examination of injured eyewitness), and credible defence of contemporaneous cross-case with injuries to DW – Held: tria...
Criminal Law – Section 34 IPC – Common Intention – The appeals arose from a brutal multiple murder of a family of six, including infants – A1 and A2 were sentenced to death and A3 acquitted by the High Court – Supreme Court upheld convictions of A1 and A2, while affirming acquittal of A3 – Held: To invoke Section 34 IPC, there must be participation in furtheranc...
Right of Complainant – Hearing in Quashing Proceedings – Sections 173(2), 302 CrPC – Denial of Hearing Set Aside – The appellant sought to be heard in a petition filed by the accused for quashing proceedings initiated on his complaint – The High Court refused, holding the complainant has no right post-cognizance – Held: A complainant is not divested of locus aft...
NDPS – Conscious Possession – Sections 15, 35, 54, 50 NDPS; Section 313 CrPC – Conviction Affirmed; Appeal Dismissed – Accused apprehended while sitting atop gunny bags containing poppy husk; physical possession proved, triggering presumption of conscious possession under Sections 35 & 54—no rebuttal by accused – Section 50 inapplicable since no personal sea...
Criminal Law – TIP - Identification Evidence – Delay in Court Identification – Section 9 of Evidence Act – Conviction Upheld – Appellant convicted for terrorist attack resulting in multiple deaths and injuries – Main challenge was to reliability of in-court identification by PW37 and PW38 after a lapse of 7–8 years – No test identification parade hel...
Criminal Law – Murder – Acquittal of Wife – Conviction of Paramour and Accomplice – Extramarital affair led to the murder of Army personnel by his wife (A1) and her paramour (A2) with help of associates (A3, A4) – Trial court convicted A1 and A2 and acquitted A3 and A4 – High Court convicted A3 and A4 as well – Supreme Court set aside conviction of A1 due ...
TADA – Conviction under Section 3(3) in absence of conviction under Section 3(2) – Sustainable – It is not necessary for someone to be convicted under Section 3(2) for conviction under Section 3(3) – Section 3(3) criminalizes preparatory acts, abetment, and conspiracy relating to terrorist acts, which are independent offences – Therefore, conviction under Section 3(3)...
Criminal Law – Murder – Evidence Appreciation – IPC 302/34, 201 – Conviction Affirmed; Appeals Dismissed – Eye-witness account of related witnesses (PWs 9 & 10) found cogent and credible; absence of independent witnesses in faction-ridden village not fatal; “falsus in uno” inapplicable—court separates grain from chaff; minor omissions/discr...
Criminal Law – Quashing - Drugs and Cosmetics Act – Sale of Drugs Without Valid License – Petitioner (Accused No.2), a licensed drug distributor, alleged to have supplied allopathic drugs to Accused No.1, a non-registered practitioner running a clinic without drug license – Proceedings initiated under Sections 18(a)(vi) and 27(d) of the Act of 1940 – Court held that s...
Criminal Revision – Discharge – BNSS Ss. 438 & 442 – PC Act S. 13(1)(c), (d) r/w 13(2) – IPC Ss. 409, 420, 120B – Refusal to Discharge Upheld – Allegation that Board-level approval enabled supply of limestone at ₹689.87/MT against an earlier ₹621/MT with inferior quality/quantity, causing loss to Malabar Cements Ltd – Held: On materials placed, a p...