*** Criminal Procedure - Re-trial - Additional evidence - Exceptional circumstances required for ordering re-trial - Re-trial to be ordered only in cases where the trial Court lacked jurisdiction, or serious illegalities or irregularities vitiated the trial, or material evidence was prevented from being tendered - Proper course for Appellate Court to resort to Section 391 of the Cr.P.C. ...
Domestic Violence Act - Maintenance - Scope - Application for maintenance filed under Section 12 of the Domestic Violence Act by the divorced Muslim woman - Whether maintainable - Held, the subsequent decree of divorce does not absolve the liability of the respondent from the offence committed or deny the benefits to which the aggrieved person is entitled under the Domestic Violence Act - Aggrieve...
Criminal Procedure Code, 1973 - Section 319 - Summoning of Additional Accused - Prima facie evidence - Invocation of jurisdiction - Test to be applied - Parameters laid down by Supreme Court - Whether evidence, if un-rebutted, would lead to conviction - Held, the application of Section 319 Cr.P.C. requires evidence that, if un-rebutted, would lead to conviction - A mere prima facie case, as exerci...
Further Investigation - Quashing of supplementary charge-sheet and summoning order - Scope of further investigation by Investigating Officer - Liability of witness of an agreement to sell - Whether further investigation can be conducted without prior permission of Magistrate - Whether witness of an agreement to sell can be held criminally liable - Held, further investigation by the Investigating O...
Acquittal on Grounds of Unreliable Witness Testimony – Criminal Appeal – Supreme Court reverses High Court and trial court conviction of appellant Dharambir @ Dharma under Section 302 IPC – Highlights discrepancies and contradictions in key witness testimonies, including the lack of corroboration and the implausibility of the prosecution's scenario – Acquittal granted d...
Criminal Law – Definition of Gang and Gangster – Appellant accused of being part of a conspiracy involving a single crime – Court held that even a single crime committed by a 'Gang' suffices under the Gangsters Act – Definitions under Section 2(b) (Gang) and Section 2(c) (Gangster) of the Act are inclusive and broad, encompassing those who abet or assist in gang act...
Criminal Law – Section 494 IPC and Section 34 IPC – Quashing of Proceedings – High Court of Kerala’s decision rejecting quashing of proceedings against accused for bigamy upheld by Supreme Court – Challenge in Supreme Court against High Court’s decision maintaining trial court’s decision to frame charges for bigamy against accused – Accused alleged t...
Criminal Law – Conviction for Gang Rape – Appeals against High Court's decision to convert acquittal into conviction for gang rape under Section 376(2)(g) IPC – Trial Court initially acquitted the accused for lack of corroborating evidence, citing potential consensual sexual intercourse – High Court, on appeal, set aside acquittal, ordered retrial, and subsequently conv...
Criminal Law – Arrest and Remand Procedures – Constitutionality and Legality of Arrest under UAPA – Supreme Court directed release of the appellant – Grounds of arrest must be communicated in writing at the earliest – Arrest and remand order found invalid due to non-communication of grounds of arrest to the appellant – Ratio of Pankaj Bansal case applied –...
Criminal Law - Conviction based on dying declaration - Appellant convicted for murder under Section 302 IPC - Rekha, wife of appellant, sustained fatal burn injuries - Prosecution relied on dying declarations (Ex. 59) and witness testimonies - Trial court convicted appellant, acquitted other accused family members - High Court upheld conviction - Appellant argued inconsistencies in testimonies and...