Rajasthan HC overturns police constable’s conviction in 31-year-old prisoner escape case
Two prisoners had escaped after the police constable had shifted them to an open area due to excessive heat.
Indian Penal Code
Know why Jharkhand HC directed State Judicial Academy to impart extensive training to a Magistrate in bail matters
“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”
Delhi High Court: FEMA does not immunize IPC offences; ₹3,500 Cr Hawala accused can’t escape criminal charges
The case began with a search and seizure by the Enforcement Directorate under Section 37 of FEMA at the petitioners’ premises and during the operation, the petitioners allegedly confessed to illegal hawala transactions worth ₹3,500 crore routed abroad using fabricated documents to remit money to their companies in Hong Kong and Canada.
‘Extra-judicial confession lacked credibility and evidence suffered from material contradiction’; SC acquits murder convict even after strong suspicion
“The circumstances taken cumulatively must be so complete that there is no escape from the conclusion that, within all human probability, the crime was committed by the accused and none else. While there is no doubt that conviction can be based solely on circumstantial evidence, great care must be taken in evaluating circumstantial evidence.”
It is not grave provocation if wife asks husband to wait for food: Orissa High Court upholds conviction of husband
“There is no rule that in case of every child witness, the trial Court should conduct a preliminary examination. It is only a rule of prudence and not a legal obligation. ”
[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father
A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.
[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences
“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”
Allahabad HC stays Raj Babbar’s Conviction in 1996 Polling Officers Assault Case
“It cannot be disputed that the parliamentary elections have been notified and and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.”
‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife
“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”
Kerala HC upholds life sentence of four convicts accused of murder in Sunil Babu Gang rivalry murder case
“Prevalent presumption is that a related witness would not testify falsely against an innocent person because they want to see the true culprits punished.”
Supreme Court grants bail to 25-year-old man after over 16 months of incarceration in rape case
The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.
[Bumble Relationship] | Delhi Court grants bail to a man accused of rape under section 376 IPC
While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.
Anticipatory bail for offence under S. 498A cannot be rejected for non-recovery of dowry articles: Punjab and Haryana HC lays principles
Punjab and Haryana High Court pointed towards the lack of a family level/Social Forum for redressal of grievances of a wife which leads her to launch criminal proceedings under IPC Section 498A.
Know why Supreme Court modified murder conviction to Section 304 part 2 of IPC for one out of four accused
While convicting the said accused under Section 304 Part 2 of IPC, the Court sentenced him to undergo imprisonment for 10 years.
Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand
Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”
Armed with iron rod but gave leg and fist blows; Punjab and Haryana High Court grants pre-arrest bail in a murder case
Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.
Supreme Court acquits man in 23 years old rape case for lack of conclusive evidence on victim’s age below 16 years
Both the victim and accused have a right to fair trial, and therefore when the victim’s statement does not inspire confidence and creates doubt, the Court must look for corroborative evidence.
Dying declaration may be sole basis of conviction, but Courts must conclude it to be trustworthy, reliable and one which inspires confidence: Supreme Court
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Supreme Court on Common Intention IPC Section 34 | A case of indiscriminate firing, 2 deaths and several injured
Based on facts, the Supreme Court said that gunshots fired indiscriminately could be said to be a criminal act done by several persons in furtherance of the common intention of all.
Delhi High Court exempts 75-year-old accused of sexual assault from physical appearance; Directs counsel to appear physically
The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.