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Approver Need Not Be Examined As Witness By Magistrate When Cognizance Is Taken By Special Court Under PC Act
Bysclaw
Jun 17, 2023By sclaw
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Prevention of Corruption Act, 1988 – Section 7(a) – Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence – The appeal challenges the High Court of Karnataka’s decision to quash an FIR against respondent for alleged bribery, based on a complaint by the appellant – The main issue is whether the High Court was correct in quashing the FIR, which was based on allegations of bribery and corruption against the respondent – The Supreme Court found the High Court’s decision legally unsustainable, noting that it failed to consider direct evidence, such as a pendrive, indicating the respondent’s complicity – The Supreme Court allowed the appeal, quashed the High Court’s judgment, and restored the FIR for further legal proceedings.
Apr 28, 2024
sclaw
Penal Code, 1860 (IPC) – Sections 394 read with Section 397 – Voluntarily causing hurt in committing robbery – The appellant was convicted for offences under Sections 394 and 397 of the IPC, sentenced to seven years rigorous imprisonment with a fine, based on the recovery of stolen items and identification by the complainant – The appeal challenges the High Court’s dismissal of the appellant’s appeal against the trial court’s conviction and sentence – The appellant contested the identification of the stolen items and the legality of the disclosure statement used to convict him – The State supported the trial court’s findings, emphasizing the recovery of stolen items and the identification process – The Supreme Court allowed the appeal, acquitted the appellant, and ordered release, citing insufficient evidence to affirm guilt – The Court’s reasoning focused on the improper proof of the disclosure memo and the questionable identification of the stolen items by the complainant – The conclusion was that the prosecution failed to connect the appellant with the crime conclusively.
Apr 27, 2024
sclaw
Penal Code, 1860 (IPC) – Sections 143, 147, 148, 506(2) and 302 read with Section 149 – The appellants were convicted for the murder and sentenced to life imprisonment by the High Court, reversing their earlier acquittal by the trial court – The main issue was the reliability of eyewitness testimonies and the admissibility of evidence, such as the FIR and recovery of weapons – The appellants argued that the High Court erred in reversing the acquittal, contending that the eyewitnesses were unreliable and the FIR was a post-investigation document – The State contended that the eyewitness testimonies were credible and the FIR was lodged promptly without undue delay – The Supreme Court reversed the High Court’s decision, acquitted the appellants, and discharged their bail bonds – The Court found inconsistencies in the eyewitness accounts and issues with the FIR and recovery of weapons – The Court applied principles regarding the appellate court’s power in appeals against acquittal, emphasizing the need for the High Court to find perversity or illegality in the trial court’s judgment to reverse an acquittal – The Supreme Court concluded that the High Court’s judgment was flawed and restored the trial court’s acquittal of the appellants.
Apr 27, 2024
sclaw