Criminal Jurisprudence
Fair Trial Protects Interests of Accused, Victim and Society: Allahabad HC rejects application to recall witness after six years from cross-examination in POCSO case
A witness who has already been examined and cross-examined, cannot be recalled and re-examined to deny the evidence he has already given before the trial court and no opportunity at a later stage can be given to him to completely efface the evidence already given by him under oath.
Supreme Court interprets ‘Fact Thereby Discovered’ under Section 27 of the Evidence Act
The Court held that FSL Report was not enough in the absence of any proof that the recovered weapon was indeed used in the commission of the offence.
‘Object of criminal justice not merely punitive but reformative and humane’; Rajasthan High Court grants bail to NDPS accused
The Court was not inclined to grant the accused regular bail owing to the seriousness of the allegations but was equally mindful of the humanitarian dimensions of criminal jurisprudence.
Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC
The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
Procedure of post-investigation FIR is totally alien to the principles of criminal jurisprudence: Gauhati High Court
The Court made strict observations regarding conduct of the police officers of Bilasipara Police Station and directed the enquiry officers to expediate the investigations.
Guilt not established beyond reasonable doubt and to the satisfaction of the judicial conscience; Allahabad High Court acquits acid attack convict
Allahabad High Court said that the Trial Court has erred in scrutinising and analysing the evidence on record and the finding in respect of the guilt of convict is perverse and not according to the law. Therefore, it granted benefit of doubt to the convict on the ground of rule of caution.
P&H HC| Violation of mandatory provision of Section 42 of the NDPS Act entitles accused to bail even if the recovery is of commercial quantity of contraband
Punajb and Haryana High Court: In a petition filed under section 439 CrPC for grant of regular bail under Sections 22, 25,
Criminal Justice| ‘Practically difficult to achieve absolute consistency in sentencing’ but here’s what the Courts should do: SC
Supreme Court: Explaining the principles of sentencing policy, the 3-judge bench of NV Ramana, CJ and Surya Kant* and AS Bopanna, JJ
Ocular evidence to be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true: Supreme Court reiterates
Supreme Court of India: The Division Bench of Navin Sinha and R. Subhash Reddy, JJ., reiterated the value of ocular evidence while
Jhar HC | ‘Made him believe’ goes against the fundamental principle of criminal jurisprudence, any accusations made on the premise is a grave mistake
Jharkhand High Court: The Division Bench of Shree Chandrashekar and Deepak Roshan, JJ. dismissed a petition on the ground that prosecution has
Witness may lie but not the circumstances; charges against accused dropped for lack of evidence
Allahabad High Court: A Division Bench comprising of Vipin Sinha and Ifaqat Ali Khan, JJ. dismissed the appeal as the applicant failed