Preliminary Enquiry – Pre-FIR Stage – Corruption Allegations – Permissibility – Supreme Court held that a preliminary enquiry at the pre-FIR stage in cases of corruption and disproportionate assets is permissible and desirable – Such enquiry helps ascertain if a cognizable offence is disclosed, protecting against vexatious complaints – If the enquiry finds no su...
Criminal Law – FIR – First Information Report – Initial telephonic message informing the police about an attack cannot be treated as an FIR – Subsequent detailed complaint recorded at 11:45 PM treated as FIR – Telephonic message lacked details like names of accused and location of the incident [Paras 21-24].
Common Intention – Establishing Common Intention &n...
Criminal Law – Special Leave Petition – Conviction Upheld – Petitioner convicted by Trial Court and High Court – Habitual offender involved in serious crimes – No grounds found to interfere with lower courts' judgments – Petition dismissed [Para 1].
Legal Representation – Article 21 of Constitution – Right to life and liberty includes right to...
Criminal Law – Common Intention – Conviction – Appellant, along with two others, tried for murder under Sections 302, 323, 324 read with Section 34 of IPC – Ocular testimony of PW1 did not attribute specific overt act or weapon possession to appellant – No evidence of appellant's direct involvement or exhortation in the assault leading to murder – Appellant&...
Criminal Law – Bail – Murder Accusation – Appeal by the State of Kerala against High Court's bail grant to the respondent accused of murdering a lady doctor – High Court overlooked material evidence indicating the respondent's guilt – High Court did not consider the severity of the offense, the accused's absconding behavior, and potential witness influence...
Criminal Law – Bail Conditions – Sexual Harassment – Appeal against the High Court's order using rakhi tying as a bail condition for an accused of sexual harassment – Supreme Court finds the condition wholly unacceptable and diluting the offence of sexual harassment – Such conditions transform a molester into a brother by judicial mandate and perpetuate gender ste...
Regular Bail – Fresh Investigation – Police Jurisdiction – Section 439 Cr.P.C. – Petitioners declared innocent after initial charge sheet – Court held that police have no power to conduct fresh investigation or re-investigation – Converting inquiry report into a supplementary report under Section 173(8) Cr.P.C. is violative of procedural laws – Suo moto ex...
Default Bail – Fundamental Right – Appeal regarding default bail under the first proviso to Section 167(2) of Cr.P.C. – Supreme Court holds default bail as a fundamental right under Article 21 – The State cannot extend the period for filing charge sheets through supplementary charge sheets beyond the period specified under Section 167 – Appeals allowed; appellant enti...
Criminal Law – Bail Cancellation – Tampering of Court Records – The appellant challenged the High Court's order granting bail to the respondent, accused of serious offenses including forgery and manipulation of court records. The Supreme Court emphasized that the High Court failed to consider the seriousness of the allegations and the gravity of the matter. The bail order was...
Criminal Law – Murder Conviction – Bail Cancellation – The appellant challenged the High Court's order granting bail to the second respondent, accused of murdering the appellant's son. The Supreme Court emphasized that the High Court's order lacked sufficient reasoning and failed to consider the seriousness of the offense and the prima facie evidence against the accus...