Dowry Death – Sections 304B, 306, 498A IPC – Distinction – Section 304B punishes dowry death occurring within 7 years of marriage; Section 498A punishes cruelty simpliciter – Both sections not mutually inclusive; conviction possible under both if facts established – Acquittal under Section 304B does not preclude conviction under Section 498A [Paras 7].
Evidence Act...
Criminal Law – Rape – Sentencing – Section 376(1) IPC – Minimum sentence prescribed is 7 years unless Court records “adequate and special reasons” – High Court reduced sentence to 5 years without assigning any reasons – Held impermissible – Sentence below statutory minimum cannot be awarded absent cogent reasons [Paras 5-6, 21-23].
Sentencin...
Criminal Law – Murder – Dying Declarations – Deceased made six dying declarations (three written, three oral), first of which was exculpatory and termed the incident accidental – Subsequent declarations implicated husband and in-laws, citing dowry demands and forced concealment of truth – First declaration held to be under duress, recorded in presence of one accused, ...
Criminal Procedure – Cognizance of Offences Against Public Justice – Section 195 CrPC – Appellant, a Patwari, made a false report to Tehsildar alleging assault and theft by two individuals – Report ultimately found false and prosecution launched under Section 182 IPC – Held: Under Section 195(1)(a), no court can take cognizance of offences under Sections 172 to 188 IP...
Criminal Law – Murder – Reversal of Acquittal – Eyewitnesses supported prosecution version of the accused firing at deceased Rajpal Singh with licensed gun – Trial Court gave benefit of doubt due to delay in FIR entry and possible alternate explanation of injuries – High Court reversed acquittal and convicted under Section 302 IPC – Held: Though eyewitness testi...
Criminal Law – Section 149 IPC – Essential Ingredient – Unlawful Assembly – Five accused persons named and charged – Two acquitted – Evidence did not establish participation of any unnamed or unidentified persons – Held: In absence of proof of five or more persons, essential ingredient of unlawful assembly under Section 141 not met – Section 149 IPC ...
Criminal Law – Inherent Powers of High Court – Scope of Section 482 CrPC – High Court directed investigation by Special Investigation Team (SIT) into alleged offences involving Divine Retreat Centre based on anonymous complaint and unverified allegations – Held: Inherent powers under Section 482 do not authorize High Court to interfere with statutory police investigation or...
Constitutional Law – Article 20(3) – Right against self-incrimination – Scope and applicability – Specimen handwriting, thumb impressions, fingerprints and other physical identifiers taken during investigation – Whether amounts to compelled testimony – Held: "To be a witness" under Article 20(3) does not include giving of thumb impressions, palm impres...
Criminal Conspiracy – Misappropriation of Military Stores – Army Officer Convicted – Accused No. 1, Major E.G. Barsay, conspired with others to smuggle military stores from Dehu Vehicle Depot for illegal sale – Scheme meticulously planned during superior’s leave – Appellant arranged staff transfers, vehicle assignments, and dummy paperwork to facilitate theft &n...
Criminal Law – Illicit Liquor – Conviction under Punjab Excise Act – Appellants found transporting 18 cartons of whisky from Haryana to Delhi without permit – Samples sealed and sent to Excise Control Laboratory – Report confirmed contents as whisky – Trial court convicted accused under Section 61 – Conviction upheld by appellate and revisional courts &nda...