Criminal Procedure – Supplementary Investigation Reports – Conjoint Reading – Initial report under Section 173(2) CrPC found prima facie case against appellants – Supplementary report under Section 173(8) concluded no case made out – Magistrate must consider both reports together – Vinay Tyagi (2013) and Vinubhai Haribhai Malaviya (2019) cases emphasized cumulat...
Criminal Law – Murder – Common Intention – Section 34 IPC – Conviction of Krishnamurthy under Section 302 IPC upheld based on eyewitness testimonies and corroborating medical evidence – Assault on the deceased with the intent to cause death established – Other accused, Gopala and Thimmappa, given benefit of doubt regarding common intention – Their roles li...
Juvenile Justice – Plea of Juvenility – Rule 12(3)(iii) – Birth certificate from municipal authority or panchayat relevant for determining juvenility – School record not deemed reliable if procured solely to support plea – Appellant failed to provide birth certificate in initial application – Plea of juvenility must be bona fide – Appellant’s relianc...
Criminal Law – Withdrawal of Surety – Sections 148, 149, 212, 308, 323, 325, 506 IPC – Sections 482 and 444 Cr.P.C. – Petitioner's application for withdrawal of surety bond furnished in favor of the accused Pankaj – Lower court's failure to consider Section 444 Cr.P.C. provisions – Held: Application for withdrawal of surety bond must be reconsidered by t...
Criminal Law – Regular Bail – Section 306 IPC – Abetment to Suicide – Petitioner's alleged involvement in abetment based on a suicide note – Suicide note lacks specific instances implicating petitioner – No prior complaints by deceased or complainant against petitioner – Held: Grant of regular bail justified considering lack of direct evidence and prol...
Criminal Law – Regular Bail – NDPS Act – Petitioner's involvement in conspiracy alleged under Sections 20 and 29 NDPS Act – No recovery directly from petitioner – Petitioner not apprehended at scene, nor owner of implicated vehicle – Held: Grant of regular bail justified considering prolonged custody and arguable points on merits – Petitioner entitled ...
Criminal Law – Murder – Common Intention: The Supreme Court held that once the presence of the accused and his role of exhortation were established and proved, the High Court erred in acquitting the accused for the offence punishable under Section 302/34 of the IPC. The High Court committed a grave error by doubting the involvement of the accused despite the consistent and trustworthy ...
Criminal Law – DNA Sampling – Section 53-A CrPC – Petition challenging the trial court's order for the petitioner to provide a blood sample for DNA analysis was dismissed. The court upheld the order, referencing Section 53-A CrPC, which mandates DNA testing in rape cases to establish the connection of the accused with the crime. The petitioner’s claim of self-incriminat...
Criminal Law – Quashing of FIR – General and Omnibus Allegations: The Supreme Court held that in the absence of any specific role attributed to the accused-appellants, it would be unjust to subject them to trial. General and omnibus allegations without specificity do not warrant prosecution. The FIR was quashed, and the appeal allowed.
Misuse of Section 498A IPC – Matrimonial ...
Criminal Law – Penetrative Sexual Assault – Conviction of a 65-year-old accused for committing aggravated penetrative sexual assault on a four-year-old girl – Trial Court's judgment affirmed by High Court – Supreme Court rejects the appeal, upholding the application of Section 5(m) of the POCSO Act – Reducing the life sentence to fifteen years of rigorous imprison...