Supreme Court of India Judgements

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Red-Fort Attack Case – Death penalty to Lakshar-e-Toiba militant – Affirmed –

Bysclaw

Nov 15, 2022

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I P C

Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences.

Mar 18, 2026 sclaw
I P C

Indian Penal Code, 1860 (IPC) — Section 302/149 — Murder — Conviction and sentence for life imprisonment — Unlawful assembly and common object — Accused alighting from a bus together, armed with firearms, establishes unlawful assembly with a common object — Vicarious liability under Section 149 IPC applies to all members of the unlawful assembly — Presence in the assembly is sufficient for conviction even without overt acts by each individual.

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I P C

Penal Code, 1860 (IPC) — Sections 406, 420, 467, 468, 471 — Criminal Breach of Trust, Cheating, Forgery, Using Forged Document — Joint Venture Agreement — Dispute arising from JVA — FIR quashed — Allegations primarily civil in nature, with a criminal cloak — Dishonest intention not evident from the inception — Delay in lodging FIR indicates civil dispute — Security deposit not refundable, adjustable against share in sale proceeds — No false representation regarding title or litigation in JVA — Allegation of forgery of a tracing document unsubstantiated — Recourse to civil remedies should be taken for contractual disputes.

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Constitution of India, 1950 — Article 21 — Right to dignified life — Includes reproductive autonomy and the right to foster a family through adoption — Restricting maternity benefit based on the age of an adopted child infringes upon this right by denying adoptive mothers the opportunity to bond and integrate with their child, compromising both maternal and child welfare.

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Contract Act, 1872 — Section 126 — Guarantee — Corporate Guarantee — Defendant No.1 executed a written undertaking (Corporate Guarantee) to pay a sum of USD 100,000 — This constituted a valid guarantee, not just a freight payment arrangement — Liability of surety is co-extensive with principal debtor.

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I P C

Penal Code, 1860 (IPC) — Sections 302 and 498A — Appeal against conviction for murder and cruelty — Court considered evidence of eyewitness daughter, post-mortem report, and dying declaration of the deceased — High Court reversed acquittal by Trial Court and convicted the appellant — Trial Court acquitted on grounds of inconsistent witness testimonies, unreliable dying declaration due to victim’s serious injuries and sedation, and improbability of incident occurring in a small bathroom — Supreme Court found eyewitness testimony credible, post-mortem report confirmed cause of death, and dying declaration reliable despite victim’s severe burns, supported by medical opinion that she was conscious and fit to make a statement — Recovery of kerosene tin, matchbox, and burnt cloth pieces from the scene further corroborated the prosecution’s case — Supreme Court held that the evidence unequivocally proved the appellant’s responsibility for the offences.

Mar 18, 2026 sclaw