Criminal Law – Attempt to Murder – Conviction – Appellant convicted under Section 307/34 IPC and Section 27 Arms Act – No evidence establishing appellant fired a gun at police – Disparity in FSL report indicating no use of the gun seized from appellant – Conviction for attempt to murder and under Section 27 Arms Act set aside – Conviction under Section 25(...
Criminal Law – Conviction – Eyewitness Testimonies – Appellant convicted under Sections 148 and 302/149 IPC – Prosecution's case based on testimonies of PW-1 and PW-2 – Material contradictions and improvements in testimonies – Cross-examination revealed inconsistencies and doubts about presence at the scene – Conviction cannot be sustained on such doub...
Criminal Law – Dying Declarations – Conviction based on dying declarations – If the Court is satisfied that the dying declaration is true and voluntary, it can base its conviction on it without corroboration – Case involved two dying declarations, one recorded by a police officer and another by a Magistrate – Trial Court convicted based on Magistrate's dying decla...
Constitutional Law – Article 32 – Premature Release – Petition seeking premature release from prison based on policy at the time of conviction – Petitioner served 22.5 years without remission and almost 28 years with remission – Supreme Court directs consideration under the 2018 policy, as recent changes in 2021 policy imposing age limit are prima facie unsustain...
Criminal Law – Burden of Proof – Alibi – Appeal against conviction for murder – Plea of alibi by appellant – Trial court and High Court concurrently found plea of alibi unconvincing – Supreme Court reiterates heavy burden on accused to prove alibi with certainty – Evidence adduced by appellant sketchy and insufficient to exclude presence at crime scen...
Externment Order – Grounds and Necessity – Appeal against the externment order based on multiple offences and in-camera statements – Supreme Court emphasizes that externment is an extraordinary measure that should be invoked sparingly – Necessity for objective material to support subjective satisfaction of the competent authority – Mere pendency of multiple offen...
Bail – Judicial Discretion – Appeal against High Court's order granting bail to an accused charged with serious financial offences – Supreme Court emphasizes that bail decisions must consider the nature and gravity of the accusations, the modus operandi, and the evidence collected during the investigation – High Court's failure to consider these factors renders...
Criminal Law – Right to Conjugal Relations – Criminal writ petition seeking parole for conjugal relations and procreation within jail premises – Petitioner's husband, a convict sentenced to life imprisonment, classified as a hardcore criminal – Held, right to conjugal relations is not an absolute right – Convicted persons cannot enjoy the same rights as law-abidin...
Criminal Law – Bail – Relevant Considerations – The Supreme Court emphasized that while granting bail, courts must consider the nature and seriousness of the offense, character of the evidence, the likelihood of the accused fleeing from justice, impact on prosecution witnesses, and societal impact. The High Court's failure to consider these factors and reliance on incorrect f...
Criminal Law – Bail – Relevant Considerations – The Supreme Court emphasized that courts must consider the nature and seriousness of the offense, character of the evidence, likelihood of the accused fleeing from justice, impact on prosecution witnesses, societal impact, and likelihood of tampering with evidence while granting bail. The High Court's failure to consider these f...