Supreme Court of India Judgements

47000 Judgements hosted as on 17/12/2025 - Search (FREE), Subscribe, Read & Download

I P C

Juvenile–Murder–Benefit of Act–Plea not raised before Trial Court and High Court–Cannot be allowed at this late stage–Conviction upheld

Bysclaw

Mar 30, 2017

This content is restricted to site members. If you are an existing user, please log in. New users may register below.

Existing Users Log In
   
Forgot password? Click here to reset
New User? Click here to register

By sclaw

Related Post

I P C

Criminal Law — Conviction based on Circumstantial Evidence — Appreciation of Evidence — Principles Governing Circumstantial Evidence — A conviction based entirely on circumstantial evidence must satisfy five conditions: (1) Circumstances must be fully established; (2) Facts established must be consistent only with the hypothesis of guilt; (3) Circumstances must be conclusive in nature and tendency; (4) They must exclude every possible hypothesis except guilt; (5) Chain of evidence must be complete, leaving no reasonable ground for any conclusion consistent with the accused’s innocence. (Para 22)

Dec 17, 2025 sclaw
Dowry Death I P C

Penal Code, 1860 (IPC) — Section 304-B and 498-A) — Dowry Prohibition Act, 1961 (DPA, 1961) — Sections 3 and 4 — Dowry Death — Appeal against acquittal — Setting aside High Court’s acquittal and restoring Trial Court’s conviction — Essential ingredients of Section 304-B IPC established by consistent prosecution evidence regarding dowry demand (motorcycle, TV, and cash) and continuous harassment — “Soon before death” liberally construed to emphasize nexus between death and dowry-related cruelty — Evidence of witnesses, even with minor inconsistencies, held reliable and sufficient to prove guilt; minor contradictions or use of words like ‘happily’ by witnesses do not discredit the substratum of the prosecution case proving continuous dowry harassment leading to death. (Paras 1, 14.1, 16.1, 16.2, 17, 18, 20, 22)

Dec 17, 2025 sclaw
I P C

Penal Code, 1860 (IPC) — Section 302 read with Section 34 — Murder — Appeal against acquittal — Powers of Appellate Court — Reversal of acquittal — Principles — The guilt of the accused must be established beyond reasonable doubt (must or should, not may be) — Once an accused is acquitted, the presumption of innocence is reinforced — Interference by the appellate court must be minimal and guided by “substantial and compelling reasons” — Reversal should not occur merely because another view is possible — If two reasonable or plausible conclusions are possible on the evidence, the one favouring the acquittal must not be disturbed by the Appellate Court. (Paras 9, 9.2, 9.3, 9.4, 9.5)

Dec 17, 2025 sclaw

You missed

Compassionate Appointment

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)

Dec 17, 2025 sclaw
Accident

Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)

Dec 17, 2025 sclaw
Matrimonial

Hindu Marriage Act, 1955 — Sections 13(1)(i-a) and 13(1)(i-b) — Divorce — Desertion and Cruelty — Irretrievable Breakdown of Marriage — Where parties have been living separately for a long period (24 years in this case) without any prospect of reconciliation, this long period of separation amounts to mental cruelty to both parties, justifying dissolution of marriage — The marriage is deemed to have broken down irretrievably — Fact that spouses hold strongly views and refuse to accommodate each other also constitutes cruelty. (Paras 20, 21, 23, 24, 25, 26, 33, 34)

Dec 17, 2025 sclaw