Criminal Law – Dying Declaration – Admissibility – Victim’s statement did not indicate she was forced to consume poison – No history of poison consumption provided to Medical Officer – Statement did not constitute circumstances of death – Excluded as dying declaration [Para 26].
Criminal Law – Rape with Minor – Acquittal – No...
Criminal Law - Prevention of Corruption Act – Demand and Acceptance of Bribe – Presumption under Section 20 – High Court’s Judgment Reversed - The appellant contended that the High Court erred in acquitting the respondent despite strong evidence of demand and acceptance of Rs. 2,000 as illegal gratification. The Court observed that the prosecution had established both deman...
Criminal Law – Proclamation Proceedings – Compliance with Section 82 Cr.P.C. – Proclamation Against Absconder – Procedural Requirements – Quashment of Proclamation – The petitioner challenged the proclamation order issued under Section 82 Cr.P.C., claiming it was not executed per mandatory requirements – It was argued that no public reading of the proclama...
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 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...
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...
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...
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 &...
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...
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...