I P C Dacoity with murder – Life Imprisonment without Remission – Trial court was not competent to direct that no remission would be awarded before 20 years, while imposing life imprisonment – Appeal allowed. July 12, 2021 sclaw
I P C Penal Code, 1860 (IPC) – Sections 302 r/w 34 – Murder – Non-recovery of the weapon – For convicting an accused, recovery of the weapon used in commission of offence is not a sine qua non. July 7, 2021 sclaw
I P C HELD “Thus, for covering an offence under Section 364A (IPC) , apart from fulfillment of first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or”.” June 28, 2021 sclaw
I P C Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 – Section 3(2)(v) – Conviction under provision can be sustained as long as caste identity is one of the grounds for the occurrence of the offence. May 2, 2021 sclaw
I P C (IPC) – Sections 224, 302 and 511 – Murder of Police Constable and Attempt to Escape from Custody – Appeal against Conviction and Sentence – Accused was arrested for offences punishable under Sections 51 r/w 63, 52 A r/w 68-A and 65 of the Copyright Act, 1957 -it was for the accused to explain under what circumstances the deceased was dead – Accused has failed to offer any cogent explanation in this regard – Appeal dismissed April 10, 2021 sclaw
I P C Only contradictions in material particulars and not minor contradictions can be a ground to discredit the testimony of the witnesses – It is clear that the assault was intentional which resulted in the death of the deceased and all accused had a common object, as such the High Court has rightly convicted the accused for offence punishable under Section 302/149, IPC etc. March 29, 2021 sclaw
I P C Facebook post read in its entirety pleads for equality of non-tribals in the State of Meghalaya – There was no intention on the part of the Appellant to promote class/community hatred – As there is no attempt made by the Appellant to incite people belonging to a community to indulge in any violence, the basic ingredients of the offence under Sections 153 A and 505 (1) (c) have not been made out – Appeal allowed March 29, 2021 sclaw
I P C 1. A mere message or a telephonic message which does not clearly specify the offence, cannot be treated as an FIR. 2. Oral information given to an officer-in-charge of a police station can be treated as an FIR. March 24, 2021 sclaw
I P C Kidnapping – Reduction in sentence – Further, this Court has issued notice, limited to the quantum of sentence only – This Court modify the sentence on the appellants for the period already undergone – Appeal partly allowed. March 21, 2021 sclaw
I P C Sexual harassment – Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate is wholly unacceptable, and has the effect of diluting and eroding the offence of sexual harassment – March 21, 2021 sclaw
