Criminal Procedure – Cognizance – Section 202(2) CrPC – Requirement to examine “all witnesses” in complaint cases triable exclusively by Sessions Court – Held: The proviso to Section 202(2) is directory and not mandatory – Non-examination of all witnesses by the complainant does not vitiate the order of cognizance if the Magistrate is satisfied that a prim...
Criminal Law – Attempt to Murder – Section 307 IPC – Accused fired two gunshots at complainant over irrigation dispute – Medical and ocular evidence consistent with prosecution version – Defence plea of accidental firing rejected – Held: Prosecution proved guilt beyond reasonable doubt – Knowledge of likelihood of causing death sufficient to attract Sectio...
Criminal Law – Dying Declaration – Section 32(1), Evidence Act – Section 162(2), CrPC – Statement of deceased recorded by Head Constable after medical certification of fitness held admissible as dying declaration. There is no mandatory requirement that such declaration must be recorded by a Magistrate or Doctor. What is essential is voluntariness, truth, and fitness of make...
Contempt of Court – Quasi-criminal nature – Standard of proof – Proceedings under the Contempt of Courts Act, 1971 are quasi-criminal in nature and demand the same standard of proof as in criminal trials – Punishment can be imposed only for wilful disobedience proved beyond reasonable doubt – Benefit of doubt must go to the alleged contemnor [Paras 9, 13, 20].
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Maintenance – Section 125 Cr.P.C. – Quantum – Concealment of Income – Revision Dismissed – Revisionist-husband, a company director, challenged Family Court order directing payment of ₹20,000/- p.m. each to wife and daughter – He alleged that maintenance was excessive considering his income of ₹2.4 lakh p.a. – Wife alleged concealment of true income and...
Criminal Law – Rape – Conviction based on sole testimony of prosecutrix – Corroboration not a rule of law – Victim’s evidence found trustworthy and consistent with medical and circumstantial evidence – Minor inconsistencies or absence of injuries not fatal – Absence of chemical examination of clothes or injuries cannot undermine credible testimony – ...
NDPS Act – Search and Seizure – Section 50 – Applicability limited to “personal search” – Search of a bag carried by accused does not attract Section 50 – Expression “search of person” excludes baggage, briefcase, or container – Constitution Bench ruling in State of Punjab v. Baldev Singh and subsequent cases (Madan Lal v. State of Himach...
Criminal Law – Appeal against Acquittal – Scope of Interference – Reappreciation of Evidence by High Court – Trial Court, after detailed analysis, disbelieved prosecution case citing delay and discrepancies in FIR, contradictions in dying declarations, and unnatural conduct of alleged eyewitness – High Court reversed acquittal and convicted appellants – Held: Wh...
Criminal Law – Unlawful Assembly – Section 149 IPC – Common Object – Vicarious Liability – Eight accused charged for murder arising from land dispute – Deceased shot by co-accused Rajeshwar Singh; appellants armed with lethal weapons (spear, farsa, lathi) – Held: Even though only one fired the gun, all members of the assembly shared the common object to &l...
Criminal Procedure – Appeal – Absence of Counsel – Sections 385 & 386 CrPC – Duty of Appellate Court – Appellant’s criminal appeal before the Punjab & Haryana High Court was disposed of on merits in absence of his counsel – Appellant was in jail and unrepresented; no amicus or State counsel was appointed – Held: Dismissal or disposal of appea...