Compulsory Registration of Marriage – Public Interest and Legal Certainty – Marriage Registration Made Mandatory – Supreme Court took suo motu cognizance of the issue while hearing a transfer petition – Held: Registration of marriages is essential for legal proof, curbing child marriages, ensuring rights of women, and preventing denial of marriage – Directed all State...
Criminal Law – Murder of Wife and Children – Circumstantial Evidence – Plea of Alibi – Conviction – Appellant convicted for murdering his wife and two minor children in their house due to extreme financial distress – Plea of alibi rejected as appellant was last seen leaving the scene at 5 a.m. by PW-4 and later admitted to hospital at 6.30 a.m. – Recovery ...
Criminal Law - Rape and Abduction – Sections 366 and 376 IPC – Conviction Upheld – The appellant was convicted of abducting and raping the prosecutrix based on her statement under Section 164 CrPC and medical evidence – The conviction by the Trial Court and its affirmation by the High Court were supported by reliable and sufficient prosecution evidence – Held: No grou...
Prevention of Corruption Act – Sanction for Prosecution – Section 19 PC Act – Former Public Servants – No Sanction Required – Held: Cognizance requires sanction only if the accused continues to hold the office alleged to have been misused – If ceased to be public servant at the time of cognizance, no sanction needed – Doctrine settled in S.A. Venkataraman,...
Criminal Law – Murder – Section 313 CrPC & Section 106 Evidence Act – Death Sentence Set Aside – Appellant convicted for murdering wife on basis of circumstantial evidence, hostile witnesses, and alleged recoveries – Sessions Court and High Court relied on Section 106 Evidence Act and compared probabilities of two versions – Held: Prosecution failed to estab...
Criminal Appeal – Probation – Section 360 CrPC vis-à-vis Probation of Offenders Act – Application for Probation to be Considered – Appellant originally convicted under Sections 304 Part II, 323/149 and 147 IPC; conviction under Section 304 Part II later set aside; finally convicted under Section 323 IPC – High Court rejected modification application seeking rel...
Criminal Law – Acquittal Reversed – Section 149 IPC Applied – Convictions Affirmed – In a group assault by a 27-member unlawful assembly, the Trial Court acquitted all on tenuous grounds (enmity, lack of “independent” witnesses, minor discrepancies). The High Court, after granting limited leave u/s 378(3) CrPC against five named assailants, convicted four (Kallu...
Criminal Law – Murder – Related Witness Testimony – Hostile Witnesses – Falsus in Uno – Source of Light – Conviction Affirmed – Four appellants allegedly hacked/stabbed the deceased at night; several cited eyewitnesses turned hostile; conviction primarily rested on PW-3 (related witness) with supporting circumstances – Held: Relationship alone does n...
Criminal Law - Homicide – Single Blow – Exception 4 to Section 300 – Conviction Converted – Appellant dealt one lathi blow on deceased’s head during a sudden altercation at a marriage feast – No premeditation and no prior arming shown – High Court altered co-accused outcomes but maintained appellant’s conviction under Section 302 – Held: Ingred...
Criminal Law - Probation and Sentencing – Co-existence of Probation of Offenders Act and Section 360 CrPC – Paramountcy of Special Law – Held: Where the Probation of Offenders Act is in force, the provisions of Section 360 CrPC do not apply – The Probation Act provides broader scope and additional support mechanisms, including Probation Officers – Section 360 CrPC can...