Criminal Law – Murder – Evidence of Hostile Witnesses – Conviction Upheld – Appellants were convicted for murdering Chand Masih in daylight following a conspiracy – Prosecution witnesses turned hostile during the trial – Court relied on their earlier corroborated statements and medical evidence – Held: Testimonies of hostile witnesses can be partially reli...
Criminal Law – Quashing of FIR – Section 482 CrPC – FIR alleging rape under Section 376(2)(n) and criminal intimidation under Section 506 IPC – High Court refused to quash FIR citing lack of consent by the complainant – Supreme Court holds FIR and statements do not substantiate essential ingredients of offences under Sections 376(2)(n) and 506 IPC – Relationship...
Criminal Law – Conviction for Murder – Section 302 IPC – Altered to Section 304 Part I IPC – Appellant convicted of murder for assaulting the deceased with a bamboo stick – Supreme Court found no evidence of premeditation or motive to commit murder – Assault occurred in a sudden quarrel during a heated moment – Conviction altered to culpable homicide not a...
Criminal Law - Forgery and Cheating – Lack of Material Evidence – Acquittal Upheld – The prosecution failed to produce critical evidence such as admit cards, attendance sheets, answer sheets, and roll number slips to substantiate charges of forgery and cheating – Held: Acquittal justified due to lack of material evidence and procedural lapses [Paras 20-25].
Duty of Inves...
Criminal Law - Fair Trial – Right to Defend – Access to Evidence by Accused – The accused sought access to CCTV visuals that were part of the prosecution evidence to prepare his defense. The court observed that denying access to such evidence infringes on the accused’s right to a fair trial. – Held: The accused has the right to view prosecution evidence unless it infr...
Criminal Law - Revision against charges - Abetment of Suicide – Ingredients under Section 306 IPC – Charge Maintained – Petitioner challenged the framing of charges under Section 306 IPC, arguing insufficient evidence of instigation – Court held that circumstantial evidence, including the death note and witness statements, created a grave suspicion justifying the fram...
Criminal Law - Jurisdiction – Cognizance by Sessions Court – Section 193 of Cr.P.C. – Cognizance cannot be taken by the Sessions Court until a case is committed to it – The trial court added the applicants to the array of accused while considering a bail application before the committal of the case – Held: The court acted without jurisdiction in registering and decidi...
Demolition of Properties – Arbitrary Action – Violation of Rule of Law - Writ petitions filed under Article 32 challenge demolition of residential and commercial properties of persons accused in criminal cases without adherence to due process – Court finds such demolitions to be violative of the principles of rule of law and separation of powers – Executive cannot impose pe...
Criminal Law – Bail – Rejection of Bail Application – Appellant, a Senior Inspector of Police, accused of conspiracy and complicity in the murder of Mansukh Hiran and related offences – Charged under IPC Sections 120B, 201, 302, and 364, as well as Sections 16, 18, and 20 of the UAPA – Prosecution alleged involvement in a conspiracy to plant explosives and subsequent ...
Criminal Law – Quashing of Proceedings – Non-compliance with Settlement Terms – Petition Dismissed – The petitioner sought quashing of criminal proceedings based on a settlement agreement in divorce proceedings where the respondent refused to proceed with the second motion under Section 13B(2) of the HMA – Held: Withdrawal of consent for mutual divorce is a statutory ...