Criminal Procedure Code, 1973 - Section 319 - Summoning of Additional Accused - Prima facie evidence - Invocation of jurisdiction - Test to be applied - Parameters laid down by Supreme Court - Whether evidence, if un-rebutted, would lead to conviction - Held, the application of Section 319 Cr.P.C. requires evidence that, if un-rebutted, would lead to conviction - A mere prima facie case, as exerci...
Further Investigation - Quashing of supplementary charge-sheet and summoning order - Scope of further investigation by Investigating Officer - Liability of witness of an agreement to sell - Whether further investigation can be conducted without prior permission of Magistrate - Whether witness of an agreement to sell can be held criminally liable - Held, further investigation by the Investigating O...
Acquittal on Grounds of Unreliable Witness Testimony – Criminal Appeal – Supreme Court reverses High Court and trial court conviction of appellant Dharambir @ Dharma under Section 302 IPC – Highlights discrepancies and contradictions in key witness testimonies, including the lack of corroboration and the implausibility of the prosecution's scenario – Acquittal granted d...
Criminal Law – Definition of Gang and Gangster – Appellant accused of being part of a conspiracy involving a single crime – Court held that even a single crime committed by a 'Gang' suffices under the Gangsters Act – Definitions under Section 2(b) (Gang) and Section 2(c) (Gangster) of the Act are inclusive and broad, encompassing those who abet or assist in gang act...
Criminal Law – Section 494 IPC and Section 34 IPC – Quashing of Proceedings – High Court of Kerala’s decision rejecting quashing of proceedings against accused for bigamy upheld by Supreme Court – Challenge in Supreme Court against High Court’s decision maintaining trial court’s decision to frame charges for bigamy against accused – Accused alleged t...
Criminal Law – Conviction for Gang Rape – Appeals against High Court's decision to convert acquittal into conviction for gang rape under Section 376(2)(g) IPC – Trial Court initially acquitted the accused for lack of corroborating evidence, citing potential consensual sexual intercourse – High Court, on appeal, set aside acquittal, ordered retrial, and subsequently conv...
Criminal Law – Arrest and Remand Procedures – Constitutionality and Legality of Arrest under UAPA – Supreme Court directed release of the appellant – Grounds of arrest must be communicated in writing at the earliest – Arrest and remand order found invalid due to non-communication of grounds of arrest to the appellant – Ratio of Pankaj Bansal case applied –...
Criminal Law - Conviction based on dying declaration - Appellant convicted for murder under Section 302 IPC - Rekha, wife of appellant, sustained fatal burn injuries - Prosecution relied on dying declarations (Ex. 59) and witness testimonies - Trial court convicted appellant, acquitted other accused family members - High Court upheld conviction - Appellant argued inconsistencies in testimonies and...
Criminal Law – Quashing of Complaint – Pre-trial Stage – Appellant sought quashing of the summoning order under Section 482 CrPC on the grounds that the cheques were issued as security and not for a legally enforceable debt – Supreme Court held that quashing of complaints at a pre-trial stage should be approached with caution – Legal presumption under Section 139 of t...
Criminal Law - Quashing of FIR and Charge-sheet – Criminal Appeal against High Court order rejecting petition to quash FIR for criminal trespass, property damage, and threats – FIR filed for offenses under Sections 447, 427, 294, 506 read with Section 34 IPC – Allegations involve trespass and demolition of property – Appellant contends the FIR is false, with significant del...