Suspension of sentence and grant of bail under Section 389 of the CrPC - Factors to consider - Prima facie satisfaction of fair chances of acquittal - Whether the High Court committed an error in suspending the substantive order of sentence and granting bail to the convicts pending the final disposal of their criminal appeals – Held - the appellate court must record reasons in writing and ob...
Penal Code – Voluntarily Causing Hurt with a Dangerous Weapon – Attempt to Murder – The Supreme Court considered whether a compromise between parties could justify the reduction of sentences in cases involving serious non-compoundable offences under Sections 307 and 324 of the IPC. Despite Section 320 CrPC not listing these sections as compoundable, the Court acknowledged that an...
Criminal Law – Child Witness Testimony – The Supreme Court evaluated the reliability of a child witness in a case involving murder and dacoity. The Court held that while the testimony of a child witness must be scrutinized with care and caution, it is not to be rejected solely based on the age of the witness. However, in this case, due to inconsistencies and lack of corroboration, the ...
Motor Vehicles Act – Hypothecation Entry and Fraudulent Documentation – The Supreme Court examined the validity of the High Court's order for the release of a vehicle based on a forged clearance certificate. The High Court failed to consider that the hypothecation entry in the original registration certificate was fraudulently removed by the original owner using a forged Form 35. T...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction under Section 15 – Appellant's conviction for possession of 54 Kgs of poppy husk confirmed by the High Court, following the Trial Court’s judgment. Issues regarding possession and procedural compliance raised. [Para 2-3, 5-7]
Criminal Procedure – Representation and Conduct of Defence –...
Criminal Procedure - Summoning of Accused - Exercise of Power under Section 319, Cr.P.C. - Discretionary Power - Evidence showing involvement of person in crime - Sibling of accused implicated in assault and abuse - Appellant not named in FIR - Special Court forming requisite satisfaction - Order affirmed by High Court - Challenge to summoning order - Held, evidence of complainant and his wife jus...
Criminal Procedure – Default Bail – Computation of Period – Appeals against Bombay High Court order granting default bail – Respondents arrested for offences under Prevention of Money Laundering Act, 2002 – Issue of whether the remand day should be included or excluded in the computation of the 60-day period for default bail under Section 167(2) CrPC – Conflicti...
Murder – Conviction under Sections 302 and 34 IPC – Appeal against conviction – Incident involved fatal assault on Ganeshram by Devilal, Gokul, and Amrat Ram – Eyewitness accounts and recoveries of weapons (lathi, sword, axe) corroborated prosecution case – Conviction upheld [Paras 1-24].
Juvenility – Determination – Appellant Amrat Ram claimed juvenili...
Murder – Conviction under Sections 302 and 34 IPC – Appeal against conviction – Postmortem report indicating injuries from both blunt and sharp objects – Appellant armed with lathi, co-accused with axe – Injuries consistent with weapons used – Conviction upheld [Paras 1-24].
Juvenility – Determination – Appellant claimed to be juvenile at the time...
Negotiable Instruments Act, 1881 - Section 138 - Dishonor of Cheque - Presumption of consideration - Burden of proof - Admitted signature - The appellant filed a complaint against the respondent for dishonoring a cheque issued for partial repayment of an advance amount paid towards the purchase of a property - The Trial Court convicted the respondent, and the conviction was upheld by the Sessions ...