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Penal Code, 1860 (IPC) – Sections 306, 107, 109 – Abetment of suicide – Ingredients of offence – Prosecution must prove direct or indirect acts of incitement to commission of suicide – Mere allegations of harassment would not be sufficient
Bysclaw
Jul 16, 2017By sclaw
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Penal Code, 1860 (IPC) – Sections 376(2)(g) and 506(1) – Tamil Nadu Prevention of Women Harassment Act, 1998 – Section 4 – Gang Rape – The victim’s testimony, along with her mother and aunt’s statements, was consistent with the initial complaint and corroborated by medical evidence – The defense argued that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – Whether the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The inconsistencies in the witnesses’ testimonies were not significant and did not affect the overall credibility of the evidence – The court dismissed the appeal and upheld the conviction of the appellant for gang rape and related charges – The court rejected the defense’s argument that the long gap between the victim’s examination-in-chief and cross-examination led to inconsistencies in the witnesses’ testimonies – The court found that the evidence presented was sufficient to convict the appellant for gang rape and related charges – The Supreme Court found that the evidence presented was sufficient to convict the appellant and rejected the defence’s arguments regarding inconsistencies in the witnesses’ testimonies.
May 12, 2024
sclaw
Penal Code, 1860 (IPC) – Section 302 – Murder – The main issue is the reliability of eyewitnesses and the identification of the assailants who fired at the victim resulting in his death – The appellant’s counsel argued that the eyewitnesses’ testimonies are unreliable and that the incident’s description is improbable, suggesting that the appellant was falsely implicated – The State opposed the appeal, asserting that the conviction is based on concurrent findings of facts by the trial court and the High Court – The Court found the eyewitnesses’ behavior unnatural and their presence at the crime scene doubtful – It also noted significant gaps in the prosecution’s narrative – The Court referenced previous cases to support its decision, emphasizing the improbability of the prosecution’s story and the unnatural conduct of the witnesses – The Supreme Court set aside the lower courts’ judgments, acquitted the appellant, and ordered his immediate release if not required in any other case.
May 12, 2024
sclaw
Penal Code, 1860 (IPC) – Section 302 – Murder of wife – The appeal raises questions about the admissibility of evidence, particularly the statement of a witness recorded under Section 299 CrPC and a confessional note allegedly written by the appellant – The appellant’s counsel argued that the trial court erred in admitting the statement of the complainant and questioned the authenticity of the confessional note and the handwriting expert’s report – The State contended that the chain of incriminating circumstances was complete and pointed exclusively towards the appellant’s guilt, emphasizing the reliability of the confessional note and the absence of the appellant post-crime – The Court found that the prosecution had established a complete chain of incriminating evidence, including motive, last seen together, medical evidence, confessional note, and the appellant’s abscondence – The Court relied on provisions of Section 299 CrPC and Section 33 of the Indian Evidence Act, affirming the admissibility of the witness’s statement recorded in the appellant’s absence – The Supreme Court upheld the judgments of the trial court and the High Court, concluding that the appellant was guilty of the murder of his wife and should surrender to serve the remainder of his sentence – If he fails to surrender, the trial court is directed to take steps to apprehend him.
May 12, 2024
sclaw