Criminal Law – Conviction Based on Circumstantial Evidence – Appeal against conviction and death sentence for rape and murder – Prosecution relied solely on circumstantial evidence without medical examination of the accused – Failure to obtain Forensic Sciences Laboratory report on blood/semen stains – Prosecution’s failure to provide medical evidence critical w...
Constitutional Law – Right to Life and Personal Liberty – Article 21 – Extension of Investigation Period – It is mandatory to produce the accused either physically or virtually when the Court considers an application for extension of the investigation period under Section 167(2) CrPC and Section 20(2) of the GCTOC Act – Failure to do so is not a mere procedural irregu...
NDPS – Acquittal - Arrest and Recovery of Morphine - Appellant Aasha Ram arrested with another individual, Jagram Kewat, by patrolling police party; around 150 grams of morphine allegedly recovered - Police testimonies from Constable Gopal Prasad Rana (PW-1), Makar Dhwaj (PW-2), and S.I. Dhaniram Verma (PW-3) form basis of prosecution case. [Paras 4, 15]
Procedural Compliance un...
Criminal Procedure - Production of additional documents - Permission to produce photocopy of a document - Validity - Para 9, 10: If some mistake is made by the investigating officer by not producing a relevant document at the time of submitting the report or charge sheet, it is open to the investigating officer to produce the same with the permission of the court - The absence of specific prohibit...
Criminal Appeal under Section 374 Cr.P.C. – Challenge against conviction for assault (Section 323/34 I.P.C.) based on an incident from 2000 involving a property dispute and physical assault [Paras 1-3, 11-12].
Investigation and Trial Proceedings – FIR lodged under Sections 323, 504, 506 I.P.C. and Section 3(1)X of S.C./S.T. Act – Charge sheet filed post-investigation – T...
Criminal case against government servant - Pendency - Promotion - Ad hoc or regular - Whether grant of promotion permissible during pendency of criminal case against government servant - Departmental proceedings exonerating employee - Held, no right of government servant to be considered for promotion during pendency of departmental or criminal proceedings - Equitable solution of granting ad hoc p...
Criminal Law - Assault Incident due to Old Enmity – Conviction of Bhola under Sections 323/34 IPC by the Special Judge SC/ST Act for assaulting complainant Ramu due to old village enmity and political differences – Incident allegedly involving lathi beating [Paras 3, 4, 9]
Factual Background and Lower Court Proceedings – FIR lodged against Bhola for assaulting a Sche...
Negligence - Liability for compensation - Distinction between civil and criminal negligence - Receipt of compensation for criminal liability does not bar claim for compensation for civil wrong - Liability to pay compensation for civil wrong and criminal wrong are independent and mutually exclusive - Liability of respondents to pay compensation established. [Para 8.1]
Standard Compensa...
Criminal Law – Gang Rape – Evidence Evaluation – involving the rape of a woman in the vicinity of a small stream on knife point by the three accused - appeals filed by the convicts against their conviction under Section 376(2)(g) read with Section 34 of the IPC for gang rape - examined the credibility of the victim's testimony, the medical evidence, and the relevance of the a...
Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...