Criminal Appeal – Acquittal in a Case of Aiding Suicide – Appellant acquitted of charges under Sections 306 and 498A IPC – Dying declaration doubted – Evidence of crucial witnesses unreliable – Prosecution fails to prove guilt beyond reasonable doubt. [Paras 1-7]
Dying Declaration – Evaluation of dying declaration’s credibility – Absence of doctor...
Criminal Procedure – Place of Inquiry and Trial – Section 117 CrPC – The Supreme Court considered the place of inquiry and trial under Section 117 of CrPC, which states that every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. The cause of action as per the FIR arose in New Delhi where the matrimonial home of the p...
Criminal Appeal – Rejection of Certificate under Section 65-B of Evidence Act – Appellant-State challenging High Court’s upholding of Trial Court’s decision – Application under Section 311 Cr.P.C. to recall witness and produce certificate was rejected due to perceived delay – Appeal allowed, orders set aside, application under Section 311 Cr.P.C. granted. [Paras...
BAIL – Grant of bail – Accused charged under sections 363/376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 – Prosecutrix, allegedly a minor at the time of the incident, in a relationship with the accused – Prosecutrix consistent in her statement that she went with accused out of her free will – Accused and prosecutrix wanted to marry each...
Criminal Appeal – Maintenance for Minor Child – Reduction of maintenance from ₹20,000 to ₹7,500 per month by High Court – Family Court’s decision modified without clear reasons – Supreme Court sets aside High Court’s order for lack of detailed reasoning and remands the matter for fresh consideration. [Paras 3, 13-15]
Family Law – Affidavit of Disclo...
Prayer for Preventing Further FIRs and Taking Cognizance of Complaints – Petitioner seeks mandamus to stop registration of new FIRs and cognizance of complaints based on the same cause of action – Court finds such a prayer cannot be granted by any court of law. [No specific para]
Clubbing of FIRs – Request to club 30 FIRs filed in multiple states into one jurisdictio...
Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...
Criminal Law – Murder by Pouring Kerosene Oil – Dying Declaration – Victim suffered 90% burn injuries and was in a fit condition to make a dying declaration – Dying declaration recorded by Judicial Magistrate found reliable – Family members’ presence in the hospital not a ground to disbelieve the dying declaration – Conviction under Section 302 IPC upheld ...
Criminal Law – Murder by Gunshot – Circumstantial Evidence – Conviction of the accused based on the complete chain of circumstantial evidence leading to the irresistible conclusion of guilt – Motive established by evidence of the deceased's relationship with accused's wife – Recovery of weapon and forensic evidence supporting the prosecution’s case &ndas...
Criminal Appeal – Conviction for Murder and Harassment – Poisoning as the cause of death – Appellant convicted of murder and harassment under Sections 302 and 498A of the IPC – Evidence of poisoning found in viscera – Failure of the accused to prove alternative explanation for poisoning – Adverse inference drawn against the accused under Section 114(g) of the Ev...