Criminal Law – Evidence – Confession and Recovery – Sections 25, 26, and 27 of the Evidence Act – Scope and Admissibility – Accused, while in police custody, recovered stolen items (a box and a key) without making any direct confession of guilt – Held: Statement relating distinctly to the discovery of the article is admissible under Section 27 – Confession...
Criminal Law – Rape and Murder of Minor – Circumstantial Evidence – Appellant convicted for kidnapping, rape and brutal murder of a two-year-old child – Recovery of stolen jewellery and frock of the victim under Section 27 Evidence Act – Presence of accused in locality admitted by defence – Medical evidence confirming sexual assault and death by smothering and d...
Criminal Law - Corruption – Illegal Gratification – Sections 7 and 13(1)(d) r/w Section 13(2), Prevention of Corruption Act, 1988 – Demand Not Proved – Appellant, a clerk in RTO office, allegedly demanded Rs. 25 for issuing driving licence – Trap arranged but complainant not examined during trial – No explanation by Investigating Officer for complainant’s ...
Criminal Law – Section 498A IPC – Quashing of Proceedings – Absence of Statutory Ingredients – Held: FIR and charge sheet alleged non-cohabitation and emotional neglect after marriage – No allegation of conduct likely to cause suicide or grave injury – No harassment for unlawful demand made out – Allegations insufficient to constitute cruelty under either ...
NDPS Act – Search and Seizure – Compliance with Mandatory Provisions – Violation of Sections 42(2) and 50(4) – Police officers of Kapurthala conducting raid in Amritsar district without informing local police – Female accused personally searched by male officers – Non-compliance with statutory safeguards renders search illegal and recovery unreliable – Hel...
Criminal Law – NDPS Offence – Conscious Possession – Meaning and Scope – Conviction under Section 15 NDPS Act requires proof of conscious possession – Possession implies control with awareness of its nature – Once possession established, burden shifts to accused under Sections 35 and 54 NDPS Act to explain innocence – However, failure to question accused o...
Criminal Law – Murder Conviction – Scope of Interference by Supreme Court – Appellant convicted by Sessions Judge and conviction confirmed by Punjab High Court – Evidence of five eye-witnesses, including mother of deceased, accepted by both courts – Held: Supreme Court not a regular court of criminal appeal and will not re-weigh evidence where concurrent findings of f...
Criminal Law - Preventive Detention – Validity of Ordinance – Section 88, Government of India Act – Detention Orders Upheld – The appellants challenged their detention under Ordinance IV of 1949, alleging lack of Governor’s competence under Section 88 and repugnancy with existing laws – Held: Satisfaction of the Governor under Section 88(1) is subjective and not...
Criminal Procedure – Dismissal of Appeal for Default – Power to Rehear – Appellate Court cannot dismiss an appeal for default of appearance of the appellant or counsel – Court must either adjourn the case or decide it on merits after perusing the record – Sessions Judge dismissed the appeal after examining the judgment and record and therefore it was a decision on mer...
Criminal Law – Murder – Appreciation of Evidence – Sole Eyewitness – Conviction can rest on testimony of a solitary witness only if his presence is natural, and his version is wholly reliable and free from contradictions – Where witness changes version, gives improbable account and is of doubtful credibility, conviction unsafe [Paras 16–18].
Criminal Procedur...