Penal Code, 1860 (IPC) – Section – 354, 498-A, 376, 511 – Sexual abuse of girl –
(1996) 3 Crimes 85 : (1996) 7 JT 6 : (1996) 5 SCALE 523 : (1996) 9 SCC 766 : (1996) 4 SCR 197 Supp SUPREME COURT OF INDIA DIVISION…
Criminal Jurisprudence—Proof beyond reasonable doubt is a guideline, not a obsession. FIR—Prompt lodging—Acquittal—Fact that the FIR was lodged very soon therefore there was no time to concoct a false story—Not always acceptable.
2017(2) Law Herald (P&H) 941 (SC) : 2017 LawHerald.Org 816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Prafulla C. Pant The Hon’ble Mr. Justice R.F. Nariman…
Common Intention–A common intention may be developed on the spot, but such common intention must be shared with others.
2007(4) LAW HERALD (SC) 2865 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 734 of…
Evidence Act, 1872 — Section 32 — Two dying Declarations, one oral and one written, with several discrepancies cannot convict the accused — Oral dying declaration allegedly made by deceased before her father, uncle and grand — mother, in which names of accused mentioned. However second dying declaration recorded by Magistrate five days later stated that the victim could not recognize any accused because of fire
AIR 1999 SC 3062 : (1999) CriLJ 4070 : (1999) 2 DMC 439 : (1999) 6 JT 41 : (1999) 5 SCALE 31 : (2000) 1 SCC 310 : (1999)…
Unnatural Death of women after 10 years of marriage—Presumption—Acquittal—Held; Burden of proof it is not for the accused to show under circumstances death was caused—Conviction set aside.
2007(4) LAW HERALD (SC) 2845 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No.552 of 2002…
it is well-settled that there must be a chain of circumstances and this solitary circumstance cannot be said to form a chain so as to fasten guilt upon the accused and on the basis of the same, irresistible conclusion, which is incompatible with the innocence of the accused cannot be drawn – Appeal allowed.
(2004) 11 SCC 391 SUPREME COURT OF INDIA DIVISION BENCH C.T. PONNAPPA — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : H. K. Sema, J; B. N.…
Murder—Culpable Homicide—A verbal altercations—Sudden fight—Exception 4 to Section 300 IPC is applicable and the offence is relatable to Section 304 Part I and not Section 302 IPC.
2007(4) LAW HERALD (SC) 2821 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1172 of…
Appeal against acquittal–The order of acquittal shall not be interfered with because the presumption of innocence of the accused is further strengthened by acquittal.
2007(4) LAW HERALD (SC) 2771 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 448…
Robbery—Section 397 IPC is confined to the offender who uses any deadly weapon. Use of deadly weapon by one offender at the time of committing robbery cannot attract Section 397 IPC for the imposition of minimum punishment on another offender who had not used any deadly weapon.
2007(4) LAW HERALD (SC) 2760 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 491 of…
Penal Code, 1860, Section 376—Rape—Acquittal—Sole testimony of the prosecutrix and the medical evidence that prosecutrix had an abrasion on the left elbow, an abrasion on her arm and a contusion on her leg—But these marks of injuries, by themselves, are not sufficient to establish rape
2007(4) LAW HERALD (SC) 2754 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 624 of 2005…