Negotiable Instruments – Section 138 Conviction – Compounding of Offence Permitted – Revision petitioner convicted for dishonour of cheque – Conviction upheld in appeal – During pendency of revision, parties entered into joint compromise – Entire amount of Rs. 2,00,000/- paid and acknowledged by complainant – Held: In view of settlement, offence compounded...
Criminal Law – Rape – Conviction based on sole testimony of prosecutrix – Corroboration not a rule of law – Victim’s evidence found trustworthy and consistent with medical and circumstantial evidence – Minor inconsistencies or absence of injuries not fatal – Absence of chemical examination of clothes or injuries cannot undermine credible testimony – ...
Criminal Procedure – Appeal – Absence of Counsel – Sections 385 & 386 CrPC – Duty of Appellate Court – Appellant’s criminal appeal before the Punjab & Haryana High Court was disposed of on merits in absence of his counsel – Appellant was in jail and unrepresented; no amicus or State counsel was appointed – Held: Dismissal or disposal of appea...
Criminal Law – Appeal against Acquittal – Scope of Interference – Reappreciation of Evidence by High Court – Trial Court, after detailed analysis, disbelieved prosecution case citing delay and discrepancies in FIR, contradictions in dying declarations, and unnatural conduct of alleged eyewitness – High Court reversed acquittal and convicted appellants – Held: Wh...
Criminal Law – Attempt to Murder – Section 307 IPC – Accused fired two gunshots at complainant over irrigation dispute – Medical and ocular evidence consistent with prosecution version – Defence plea of accidental firing rejected – Held: Prosecution proved guilt beyond reasonable doubt – Knowledge of likelihood of causing death sufficient to attract Sectio...
Criminal Law – Dying Declaration – Section 32(1), Evidence Act – Section 162(2), CrPC – Statement of deceased recorded by Head Constable after medical certification of fitness held admissible as dying declaration. There is no mandatory requirement that such declaration must be recorded by a Magistrate or Doctor. What is essential is voluntariness, truth, and fitness of make...
Contempt of Court – Quasi-criminal nature – Standard of proof – Proceedings under the Contempt of Courts Act, 1971 are quasi-criminal in nature and demand the same standard of proof as in criminal trials – Punishment can be imposed only for wilful disobedience proved beyond reasonable doubt – Benefit of doubt must go to the alleged contemnor [Paras 9, 13, 20].
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Quashing of FIR – Criminal Proceedings – Effect of Civil Court Findings – Standard of Proof – Held: Findings of Civil Court are not binding on Criminal Court and vice versa – Standard of proof in civil cases (preponderance of probabilities) differs from that in criminal cases (proof beyond reasonable doubt) – No statutory or legal principle that a finding record...
NDPS Act – Charas Recovery – Conscious Possession – Conviction Upheld – Accused persons found in a private car with 27.8 kg of Charas concealed in door panels – Both appellants identified and apprehended during routine check based on prior information – Presence in private vehicle, not public transport, raised presumption of conscious possession – No expla...
Proclaimed Person – Quashment – BNSS S.528; CrPC S.82(2); NI Act S.138 – Non-service at correct address; cumulative compliance under S.82(2) mandatory – Proclamation dated 21-09-2023 quashed conditionally (surrender by 30-09-2025; Rs 10,000 costs; bail on bonds) – Petition allowed; non-compliance to entail dismissal.
Proclaimed Person—Quashment—Section ...