Conviction and Sentencing – Chenthamarakshan convicted under Sections 302, 449, 450, 392, 394, and 201 IPC for murder and robbery of Preethi, his relative, and disposing of her body in Tamil Nadu using a Honda Activa scooter [Para 1].
Evidence and Circumstances – Lack of direct evidence; reliance on circumstantial evidence including recovery of victim's body, stolen it...
Writ Petition – Transfer of Prisoners – The High Court of Karnataka at Bengaluru adjudicated on a writ petition filed by several inmates seeking transfer to Bangalore Central Prison, invoking Articles 226 and 227 of the Constitution of India. The petitioners, accused in a criminal case, requested consolidation at a single prison for safety concerns and better access to legal counsel. [...
Allegation of Trespass, Mischief, Assault and Theft – Complainant accused Deo Narayan Sahu and others of trespassing, causing damage, assault, and theft in his shop – Initial statement held all accused responsible for stated offences – Specific involvement of Deo Narayan Sahu questioned. [Para 1]
Cognizance by Magistrate – Cognizance of offences under multiple ...
Criminal Law - Unlawful Detention and Assault by Police - Compensation and Accountability - legality and repercussions of the actions of police officers, especially in relation to the unlawful detention and assault of the appellant, Somnath, by respondent no.2, a police officer. The appellant was subjected to undignified treatment, including being paraded half-naked, and was detained illegally des...
Challenge to High Court Order – Appeal against Karnataka High Court's order quashing proceedings under Section 482 Cr.P.C. against the accused for offences under IPC and SC/ST Act – High Court found inconsistencies in the complainant's statements and lack of evidence for the forced abortion [Paras 2, 7, 9, 15].
Factual Background – Alleged sexual relationship...
Criminal Law – Murder and Attempt to Murder – Acquittal – The Supreme Court overturned the convictions for murder under Section 302 and attempt to murder under Section 307 of the Indian Penal Code (IPC). The appellants, Periyasamy (A1) and R. Manoharan (A2), were acquitted of all charges. The Court found inconsistencies in witness testimonies, absence of independent witnesses, de...
Bail - Criminal Law – Money Laundering – Proceedings under the Prevention of Money Laundering Act (PMLA) – Involvement in Money Laundering – The Supreme Court examined the involvement of the appellants in the offence of money laundering as defined under Section 3 of the PMLA. The bench evaluated evidence, including statements and documents submitted under Section 50 of the ...
Criminal Law – Fair Trial – Right to Legal Representation –Court examined whether the trial procedure adopted by the Trial Court in the absence of legal representation for the appellants adhered to the principles of a fair trial. The Court scrutinized the conduct of the Trial Court in recording examination-in-chief of prosecution witnesses without providing legal aid to unreprese...
Amendment of Complaint – Prohibition in Criminal Procedure – Held, amendments in criminal complaints, particularly regarding substantial aspects like cheque dates, are not permissible under the Criminal Procedure Code. Cites absence of provisions allowing such amendments. [Para 8-14]
Typographical Error in Complaint – Not a Simple Infirmity – Examines the distinction bet...
Negotiable Instruments Act, 1881 – Section 143A – Exercise of Power – Discretionary nature – Held, the exercise of power under Section 143A(1) is discretionary, not mandatory. The Court must engage in a prima facie evaluation of the merits of the case and consider the accused’s financial distress and other relevant factors before directing payment of interim compensat...