Criminal Law – Bombay Prohibition Act – Proof of Alcohol Consumption – Admissibility of Chemical Examiner’s Report – Compliance with Section 129A Not Mandatory – Appellant's blood sample collected in hospital outside police investigation and later examined by Chemical Analyst – Held (Majority): Section 129A does not exclusively govern all blood tests f...
Criminal Law – House-breaking and theft at police office safe - Retracted Confession – Section 164 CrPC – Section 24 Evidence Act – Necessity of Corroboration – Acquittal Directed – The prosecution case rested substantially on the appellant’s confession recorded under Section 164, later retracted – The High Court in revision, while acquitting the co-...
Murder and attempt to murder - Homicide – Proof of Weapon/Manner – Necessity of Expert Evidence – Gap in Prosecution Case – The prosecution alleged two close-range firearm shots by two assailants (gun and rifle). Medical evidence disclosed puzzling wound patterns; ballistics opinion was inconclusive (no test-fire or comparison) – Held: In firearm deaths, prosecution m...
Criminal Law – Murder Conviction – Scope of Interference by Supreme Court – Appellant convicted by Sessions Judge and conviction confirmed by Punjab High Court – Evidence of five eye-witnesses, including mother of deceased, accepted by both courts – Held: Supreme Court not a regular court of criminal appeal and will not re-weigh evidence where concurrent findings of f...
Criminal Law - Preventive Detention – Validity of Ordinance – Section 88, Government of India Act – Detention Orders Upheld – The appellants challenged their detention under Ordinance IV of 1949, alleging lack of Governor’s competence under Section 88 and repugnancy with existing laws – Held: Satisfaction of the Governor under Section 88(1) is subjective and not...
Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either ...
Criminal Law - Corruption – Illegal Gratification – Sections 7 and 13(1)(d) r/w Section 13(2), Prevention of Corruption Act, 1988 – Demand Not Proved – Appellant, a clerk in RTO office, allegedly demanded Rs. 25 for issuing driving licence – Trap arranged but complainant not examined during trial – No explanation by Investigating Officer for complainant’s ...
Criminal Law – NDPS Offence – Conscious Possession – Meaning and Scope – Conviction under Section 15 NDPS Act requires proof of conscious possession – Possession implies control with awareness of its nature – Once possession established, burden shifts to accused under Sections 35 and 54 NDPS Act to explain innocence – However, failure to question accused o...
Criminal Law – Forgery and Cheating – Loan Fraud – Proof of Partnership and Entrustment – Petitioners (A1 and A2) convicted for conspiring with absconding co-accused Sethuraman to obtain Rs.25.95 lakh loan from Central Bank of India by submitting forged mortgage deeds and fake valuation certificates – A1 claimed false implication and absence of proof of partnership &n...
Criminal Law - Quashing of Criminal Proceedings – Civil Dispute Cloaked as Criminal Offence – Sections 406, 420 IPC – Quashment Allowed – Petitioners (OYO and its Directors) challenged proceedings initiated by the complainant alleging cheating, breach of trust and conspiracy regarding hotel management agreements – The dispute pertained to contractual breaches, revenue...