Criminal Law - Further Investigation – Scope of Section 173(8) Cr.P.C. – High Court’s Jurisdiction to Direct Further Investigation Post-Trial – Application of Legal Principles – The Supreme Court examined whether the High Court's direction for further investigation was legally justified, especially after the trial court had already rejected an application for summ...
Criminal Law – Custodial Death – Acquittal – Appellants, police officials, convicted for custodial torture and death of one Shama @ Kalya while in illegal detention – Trial Court convicted appellants under Sections 304 Part II, 330, 331, 348, 387, and 201 IPC, and sentenced to varying terms of imprisonment – High Court upheld convictions except under Section 201 IPC r...
Criminal Law – Conviction Based on Circumstantial Evidence – Appeal Allowed – Appellant, Raj Kumari, challenged her conviction for murder and robbery, arguing that the prosecution's case relied entirely on circumstantial evidence, which failed to establish an unbroken chain of events leading to her guilt – Held: The prosecution failed to prove the 'last seen' th...
Criminal Law – Quashing of Proceedings – West Bengal Shops & Establishments Act, 1963 – Petitions filed for quashing criminal proceedings related to alleged violations under the West Bengal Shops & Establishments Act, 1963, including failure to display registration certificates, maintain overtime records, and comply with inspection orders – Petitioner argued that co...
Criminal Law – Murder – Section 302 IPC – Conviction Upheld – The appellant was convicted for murdering a 7-year-old boy by inflicting multiple dao blows on his neck and head – The appellant confessed to the crime under Section 164 CrPC – Two eye witnesses, aged around the same as the deceased, testified to the incident – The appellant claimed the act was ...
Family Law – Divorce by Mutual Consent – Mediation and Settlement – Dissolution of Marriage – The petitioner sought transfer of the divorce petition initiated by the respondent from Vadodara to Pune – During the proceedings, the parties were referred to the Supreme Court Mediation Centre, where they reached a settlement – The terms of settlement included dissolu...
Criminal Procedure – Section 311 of CrPC – Recall of Witnesses – Judicial Discretion – The petitioners sought to recall and re-examine several prosecution witnesses, claiming that their previous lawyer had not conducted a proper cross-examination – The trial court rejected this application, and the High Court affirmed the decision – The Supreme Court held that t...
Criminal Law – Sections 279, 337, 338, and 304(A) of IPC – Conviction and Sentence – Modified – The appellant was convicted of causing death by rash and negligent driving under Sections 279, 337, 338, and 304(A) of the IPC, related to a road accident resulting in the death of a pillion rider – The trial court sentenced him to simple imprisonment and fines for each off...
Suo Motu Criminal Revision – High Court Powers Under Section 397 CrPC – The petitioner challenges the Madras High Court’s decision, which invoked its suo motu criminal revision powers under Section 397 of the CrPC, to interfere with a final closure report filed by the DVAC – Held: The High Court overstepped by effectively directing the framing of charges, a power that lies ...
Criminal Law – Kidnapping for Ransom – Procedural Lapses – Conviction of appellants under Sections 364A, 392, and 120B IPC for kidnapping a minor for ransom and subsequent recovery of ransom money challenged. Supreme Court noted significant procedural lapses, inconsistencies in witness statements, and failure to follow proper identification procedures. The delayed filing of FIR a...