Criminal Trial
No proper opportunity given to Defence Council for defending rape convict; Orissa High Court set aside conviction order
Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
2023 SCC Vol. 2 Part 2
Constitution of India — Art. 14 — Right to equality — Reasonable accommodation of disabled or differently-abled persons — Requirement of: There
Evidence can be appreciated best only when it is recorded in the language of the witness: Supreme Court
The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.
‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three
The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.
Right to Information| Chargesheets and final reports not equivalent to FIRs; can’t be published on State Websites for public access: Supreme Court
The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.
Explained | Why Supreme Court transferred former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder trial to CBI Special Court at Hyderabad
Supreme Court observed that the principles of Administration of Justice states that justice should not only be done but it should be seen to be done and free and fair trial is sine qua non of Article 21 of the Constitution.
Can a ‘customer’ in a brothel be proceeded against criminally under the Immoral Traffic (Prevention) Act, 1956; Kerala High Court answers
Kerala High Court held that the words ‘person with whom such prostitution is carried on’ as appearing in section 7(1) of the Immoral Traffic (Prevention) Act, 1956 will include a ‘customer’. Thus, a customer in a brothel can be proceeded against criminally.
Supreme Court grants anticipatory bail to a woman accused of Bigamy
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines
On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.
Supreme Court November 2022| CJI Chandrachud’s to-do list; EWS Quota; Kathua and Chhawla gangrape-murder cases; Rajiv Gandhi assassination case; Never Reported Judgments; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
Uttaranchal High Court | Word “appears” under Section 319 CrPC has great significance; Higher level of satisfaction than mere prima facie case is required for summoning of an accused
Uttaranchal High Court: While allowing the revision petitions, the single judge bench of Ravindra Maithani, J. has held that Sessions
“Left with no alternative”, Supreme Court acquits all 3 accused in Chhawla Gang Rape and Murder case
“The prosecution has to bring home the charges levelled against them beyond reasonable doubt, which the prosecution has failed to do in the instant case, resultantly, the Court is left with no alternative but to acquit the accused, though involved in a very heinous crime.”
Supreme Court issues notice in petition seeking transfer of Anant Karmuse assault case involving NCP Leader Jitendra Awhad to CBI
Supreme Court: The bench of MR Shah and MM Sundresh, JJ has issued notice returnable on 25.11.2022 in the case relating to
Explained| Vicarious liability under Section 149 IPC: Impact of reduction in number of convicts below five on account of death of co-accused
Supreme Court: The bench of CT Ravikumar* and Sudhanshu Dhulia, JJ has held that merely because some of the convicts had died
Explained| Can sentence of a murder convict be reduced to sentence already undergone which was less than life imprisonment?
Supreme Court: In a murder case, where the Madhya Pradesh High Court had reduced the sentence to sentence already undergone which was
‘At least two of the issues require reconsideration’; Supreme Court agrees to hear review petition of PMLA verdict
Supreme Court: As Congress MP Karti P. Chidambaram has sought review of the 3-judge bench verdict on the Prevention of Money Laundering
Prosecution version helps man accused of murdering brother get benefit of provocation exception; SC holds that accused may rely on prosecution case for discharge of burden
Supreme Court: In an interesting case, where a man was convicted for murder of his younger brother, the bench of Sanjiv Khanna*
Supreme Court holds “twin conditions” under Section 45 of PMLA reasonable: Applicability to anticipatory bail, non-cognizable offences discussed; Exception highlighted
Supreme Court: The 3-judge bench of AM Khanwilkar*, Dinesh Maheshwari and CT Ravikumar, JJ has, in 545-pages-long judgments, has dealt with various