Criminal Appeal – Conviction under Part I of Section 304 and Section 324 read with Section 149 of the Indian Penal Code, 1860 – Acquittal by Trial Court – High Court's interference – Principles governing appeals against acquittal discussed. [Para 1-7]
Appellate Jurisdiction – Duty of the Appellate Court in appeals against acquittal – Re-appreciation of ev...
Criminal Appeal – Interim Bail – Appellant seeks interim bail for the purpose of finalizing accounts for filing returns under the Companies Act and Income Tax Act – Appellant currently incarcerated in Sabarmati Central Correctional Home – Interim bail granted for three days with specific conditions. [Para 1-6]
Interim Bail – Conditions – Appellant's relea...
Eyewitness Testimony - Credibility - Inconsistencies in testimony - Testimony contradicted by other witnesses - Doubts raised on the presence of eyewitness at the scene of the crime. (Para 7)
Extra-judicial Confession - Newspaper Report - Hearsay Evidence - Newspaper reports not considered primary evidence - Extra-judicial confession based on newspaper report deemed unreliable - Benefit of doub...
Indian Penal Code (IPC) - Sections 302 and 304 - Armed Forces Tribunal Act, 2007 - Section 30 - Army Act, 1950 - Section 69 - Appellant, an Indian Army Lance Naik, convicted under IPC Section 302 and Army Act Section 69 - Appeal against conviction and sentence - Incident involved a sudden altercation over seniority, leading to the appellant firing one fatal bullet from the deceased's rifle - A...
Criminal Appeal – Conviction based on dying declaration – Doubt regarding voluntariness and reliability – Lack of corroboration – Conviction not sustainable. The appeal questions the conviction based on a dying declaration recorded by an Executive Magistrate on 8th November 1991, three days after the incident. Doubts are raised concerning the voluntariness and reliability o...
Negotiable Instruments – Dishonor of Cheque – A complaint filed under Section 138 of the Negotiable Instruments Act by a Managing Director on behalf of a company is not liable to be dismissed merely because the Managing Director's name appears first followed by the company's name. The essential requirement is that the complaint indicates it is filed on behalf of the compan...
Criminal Appeal – Habeas Corpus Proceeding – The appellant approached the court alleging illegal detention of his wife, Mathithra, by her family – The Court, after facilitating the recording of Mathithra's statement, found that she wishes to reside with the appellant of her own free will – Respondents directed to ensure her joining with the appellant. [Para 1-5]
Hind...
Criminal Law – Conviction based on Disclosure Statement – Appellant convicted based on disclosure statement and recovery of inculpatory material – Court held that while an accused can be convicted on the basis of a disclosure statement, the recovery must be unimpeachable and not doubtful – Factors such as the interval between the offense and disclosure, the commonality and ...
Criminal Appeal - Summoning of Additional Accused - Scope of Section 319 Cr.P.C - The Supreme Court examines the scope and application of Section 319 Cr.P.C, which empowers the court to summon a person as an accused if evidence during the trial indicates their guilt.
Trial Court's Order - Summoning Three Accused - The appellant, who was the informant and a prosecution witness in a criminal ...
Criminal Appeal – Bail – Unlawful Activities (Prevention) Act, 1967 – Indian Penal Code, 1860 – Appellants sought bail in cases relating to charges under UAPA and IPC – Examination of materials and evidence presented by prosecution – Assessment of whether reasonable grounds exist to believe accusations against appellants are prima facie true – ...