Criminal Procedure – Appeal against Conviction – Appellant convicted under Sections 302 and 120B IPC and Section 27(1) of Arms Act – Appeal admitted for final hearing – High Court dismissed appeal for non-prosecution as appellant was absconding – Supreme Court set aside dismissal, holding appeal cannot be dismissed for non-prosecution once admitted for hearing –...
Criminal Law – Rape - Conviction and Sentencing - Sonu Surender (Appellant) convicted under Sections 376 (2) (i) and 376 (2) (n), 506(II) IPC, and Section 6 POCSO Act for sexually assaulting a 10-year-old girl - Sentenced to rigorous imprisonment for 10 years and fined ₹2,000 - Appellant's defense of false implication due to financial dispute rejected by the court [Paras 1-2, 27-34].
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Evidence Act – Section 27 – Discovery of Weapon – Mere discovery cannot infer authorship of concealment by the person who discovered the weapon – Supreme Court emphasized the conditions under Section 27, including that the information must cause discovery and relate distinctly to the discovered fact [Paras A, C-D, 35-42].
Evidence Act – Sections 8 and 27 ...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Detention Order – Representation – Delay in disposal – Unexplained delay – Validity of detention order – Writ of Habeas Corpus – High Court of Manipur held that the detention order issued under the NDPS Act for a period of 12 months was challenged on the ground of viola...
Culpable Homicide – Not Amounting to Murder – Section 304-II IPC – Appellants convicted for culpable homicide not amounting to murder – No premeditation to commit murder – Assault occurred during a sudden verbal altercation – Weapons (sticks and brick) were picked up from the scene – Single blow inflicted by each accused on the deceased – No unlawful...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 52-A – Standing Order No. 1 of 1988 – Conflict between statutory provisions and instructions – Implication of Section 52-A of the Act – Requirement of drawing representative samples of seized contraband – Standing Orders cannot supersede the Act – Statutory instructions are mandatory in nature ...
Consensual sexual relationships involving minors - Application of the POCSO Act - Whether consensual sexual intercourse between a minor girl and an adult male should be considered rape under the POCSO Act solely based on the age of the girl. [Para 15]
Understanding the concept of consent - The essence of consent lies in the voluntary agreement communicated through words, gestures, or ...
Murder – Common Intention – Section 302/34 IPC – Conviction based on the non-cooperation of the accused in a test identification parade – Courts drew adverse inferences without considering the exposure of witnesses to the accused in the police station – Identification parade is part of the investigation and should not be overemphasized – Prosecution must prove t...
Criminal Procedure - Benefit of Probation - Appellants convicted under Sections 323 IPC and Section 323/34 IPC - Appeal against conviction and sentence - Appellants do not press appeal against conviction - Prayer for granting the benefit of probation under Sections 360 and 361 Cr.P.C. - Court's consideration of the plea of probation. (Para 3)
Sections 360 and 361 of Cr.P.C. - Appl...
Criminal Law – Bail – Rigours of Section 37 NDPS Act – Prima facie evaluation of the evidence suggests doubt about the prosecution's case – High Court’s view that rigours of Section 37 are not applicable upheld [Paras 13-16].
Evidence – Contradictory Statements – Statements of motorcar occupants versus initial complaint by SI create seriou...