Rape – Statutory Minimum Sentences – “Adequate and Special Reasons” – High Court’s Reduction Set Aside – Conviction under Sections 376(1)/450 IPC affirmed by High Court but custodial sentence reduced to period undergone solely because accused were from rural areas – Held: Sections 376(1) & 376(2) prescribe minimum sentences – Court may go b...
Criminal Procedure – Section 167(2) CrPC – Default Bail – Cognizance under TOHO – Appellants arrested in connection with organ transplant racket – CBI filed complaint under Section 22 of the Transplantation of Human Organs Act, 1994 – Appellants claimed entitlement to statutory bail as no chargesheet (police report) was filed within 90 days – Held: CBI, th...
Section 376 of the Indian Penal Code - Rape by Father – Sole Testimony of Prosecutrix – Conviction Restored – Accused charged with raping his minor daughter at night after bolting the room – Trial Court convicted based on testimony of prosecutrix and supporting evidence – High Court acquitted relying on absence of medical corroboration and spermatozoa – Held: Hi...
Criminal Law – Quashing of FIR - Medical Negligence – Criminal Liability – IPC Section 304A – Civil vs. Criminal Standard – FIR alleged death of patient due to empty oxygen cylinder and negligence of doctors – Issue: whether such facts make out offence under Section 304A IPC – Held: For criminal liability, negligence must be “gross” or of a ver...
Murder – Sections 302 & 34 IPC – Eyewitness testimony and medical corroboration – Conviction Altered to 302/34 – Prosecution case supported by consistent eyewitnesses (PWs 2 & 3) and postmortem showing multiple incised wounds consistent with kirpan blows – Defence plea of false implication rejected in view of admitted presence and superficial nature of accused...
Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 201 and 120-B IPC for the murder of a 10-year-old boy based on circumstantial evidence – Trial Court relied on testimonies of PW-2 (claimed to overhear a conspiracy), PW-3 and PW-4 (last seen witnesses) – High Court affirmed the conviction holding the chain of circumstances complet...
Criminal Law – Murder – Dying Declaration – Victim named appellants Dilip Dey and Manoj Singh as shooters in statement recorded by police officer in presence of doctor and relatives – Statement corroborated by brothers of deceased (PWs 5 and 7) – Medical officer (PW9) confirmed victim was conscious – Objection to lack of medical certificate of mental fitness rej...
Criminal Law - Murder by Poison – Circumstantial Evidence – Chain of Evidence Complete – Appellant, a medical practitioner, was convicted for administering lethal injection of Pavilion to wipe out entire family of his in-laws with intent to grab their property – Circumstantial evidence included purchase of Pavilion, presence at scene, false representation of AIDS, and medic...
Criminal Law – Reversal of Acquittal – Conviction Restored – The Trial Court convicted the respondent under Section 302 IPC for murder based on consistent eyewitness testimony, post-mortem findings, and recovery of weapon – High Court reversed the conviction citing irregularities in the firing range test, ballistic report, and credibility of related witnesses – Held: ...
Criminal Law – Conviction under Section 302 read with Section 34 IPC – Appeal Dismissed – The appellant challenged his conviction for murder, asserting he had no active role in the incident and that the evidence of related witnesses was unreliable – The Supreme Court upheld concurrent findings of the Trial Court and the High Court, holding that the evidence of eyewitnesses ...