Criminal Law – Murder Conviction – Appellants convicted for the murder of an aged couple during a robbery – Trial court imposed death sentence – High Court reduced it to life imprisonment – Supreme Court analyzed the brutality and premeditated nature of the crime, considering societal impact and trust betrayal [Paras 1-12].
Sentence – Death Penalty ...
Criminal Practice – Supply of Documents – Draft Rules of Criminal Practice, 2021 – Rule 4 – Right of accused to receive the list of documents, material, etc. – Supreme Court highlighted the need for uniform guidelines for criminal trials – Noted that the right to receive documents applies after adoption of the Draft Rules – Emphasized the importance of equ...
Anticipatory Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 18, 20, 21, and 22 - False FIR - Malicious intent - Lack of supporting evidence - Petitioner's history of fabricated cases - Secret information provided to the police - Petitioner's house found locked, no incriminating substances recovered - Grant of Anticipatory Bail under Section 438 of Cr.P.C - Petit...
Juvenile Justice – Determination of Age – High Court reversed the findings of the 4th Additional Sessions Judge Satna and accepted the plea of juvenility for the first respondent based on fabricated documents – Supreme Court emphasized the procedure under Rule 12(3) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 for age determination, allowing medical exami...
Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right un...
Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Section 295-A - Quashing of FIR and proceedings - FIR registered against petitioners for allegedly portraying wrong image of Bhagwan Valmiki in the television serial "Ram Siya Ke Luv Kush" - Formation of committee to address grievances and suggest corrective measures - Undertaking by petitioners to comply with guidel...
Criminal Law – Discharge of Accused – High Court discharged respondents accused of possessing assets disproportionate to their known sources of income under Section 13(1)(e) of the Prevention of Corruption Act – Supreme Court found High Court erred in applying legal principles, particularly in the burden of proof and scope of inquiry at the stage of framing charges – Held, ...
Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petiti...
Bond Forfeiture – Excessive Amount – Appellant, a daily-wage earner, furnished a bond of Rs. 500,000 under Section 107 CrPC for keeping the peace during Panchayat Elections – Allegations of illegal construction and obstruction of officials – Magistrate ordered forfeiture of the entire bond amount – High Court and Revisional Court upheld the order – Supreme Court...
Test Identification Parade (TIP) – Inadmissibility of TIP Conducted with Police Presence – Evidence of TIP is not substantive and is meant to corroborate in-court identification – TIP must be conducted without undue delay and without the accused being seen by witnesses beforehand – TIP conducted with police presence or after the accused is shown to witnesses invalidates its...