Invocation of Section 319 CrPC – Evidentiary Threshold – Test for Prima Facie Case – Power under Section 319 CrPC must be exercised only when evidence meets the standard of more than prima facie that would lead to conviction if unchallenged – Allegations in examination-in-chief, contradicted during cross-examination, do not satisfy this threshold – Held: High Court er...
Criminal Law – Culpable Homicide – Acquittal – Circumstantial Evidence - Appellants were convicted for the culpable homicide of the deceased, initially under Section 302 IPC by the trial court, which was modified by the High Court to Section 304 Part I IPC with a sentence of 7 years rigorous imprisonment – Both courts relied on circumstantial evidence including last seen, m...
First Information Report (FIR) – Allegation of Ante-Dating – FIR purportedly lodged on 5.3.2009 at 23:00 hours but inconsistencies noted in the time entries in chik and panchayatnama – High Court observed overwriting in FIR dates and improper maintenance of documents, raising suspicion on FIR’s authenticity [Paras 30, 33, 38].
Witness Credibility – Chance Witness &...
Maintenance – Restoration of Application – Family Court dismissed restoration application after maintenance petition was dismissed for non-prosecution – Petitioners argued no lack of diligence on their part – Court examined whether Family Court retained jurisdiction to recall orders in maintenance cases [Paras 1-11].
Section 125 Cr.P.C. – Magistrate's Jurisdict...
Criminal Law – Dacoity Conviction – Appeal against conviction – Appellants Mahendra Shaw and Sk. Raju convicted by the trial court for dacoity with use of firearms and deadly weapons, resulting in grievous injury to shop employees – Appellants sentenced to 7 years rigorous imprisonment with a fine of Rs.2,000 each – Appeal dismissed, with court finding no reason to in...
Criminal Law – Quashing of Proceedings – Petitioners sought quashing of proceedings alleging trespass and property damage – Court quashed proceedings under Section 188 IPC due to lack of a complaint from a public servant as mandated by Section 195 Cr.P.C. – For offences under Sections 447 and 427 IPC, Court found no evidence of an injunction order violation by the petitione...
Juvenile Records – Non-Disqualification – Section 24 of Juvenile Justice Act – Appellant, a juvenile at the time of proceedings under Section 109 CrPC, was disqualified for suppression of involvement in security proceedings – Held: As per Section 24 of the Juvenile Justice Act, no disqualification can attach to a juvenile for any offense – Rule 14(b) of TNPSS Rules ca...
Criminal Law – Quashing of FIR – FIR registered against petitioner for alleged misuse of machinery instead of manual labor under MGNREGA scheme – Petitioner retired and no charge-sheet filed till date – High Court quashes FIR based on Rule 9(3) of Pension Rules, 1976, which prohibits judicial proceedings after four years from cause of action – Departmental enquiry cle...
False Promise of Marriage – Section 375 IPC – Prolonged Consensual Relationship – FIR Quashed - The appellant contended that the alleged sexual relationship spanned over nine years and was consensual – The Court noted the absence of evidence indicating a false promise of marriage from the outset – Held: A prolonged consensual relationship without clear evidence of int...
House-Trespass – Section 451 IPC – Conviction Sustained - The appellant was convicted for committing house-trespass with intent to commit an offence punishable with imprisonment. Based on the testimonies of PWs 4 and 5, the concurrent findings of guilt were upheld. The Court observed that the appellant's intent to commit an offence punishable under Section 354 IPC justified the con...