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
I P C Section 195(1)(b)(i) CrPC does not bar prosecution by the investigating agency for offence punishable under Section 193 IPC, which is committed during the stage of investigation – This is provided that the investigating agency has lodged complaint or registered the case under Section 193, IPC prior to commencement of proceedings and production of such evidence before the trial court March 21, 2021 sclaw
I P C Cheating – Criminal breach of trust – Simply because there is a remedy provided for breach of contract or arbitral proceedings initiated at the instance of the appellants, that does not by itself clothe the court to come to a conclusion that civil remedy is the only remedy, and the initiation of criminal proceedings, in any manner, will be an abuse of the process of the court March 14, 2021 sclaw
I P C Necessary Ingredients to constitute an offence under Section 420 (IPC) are as follows: (i) a person must commit the offence of cheating under Section 415; and (ii) the person cheated must be dishonestly induced to (a) deliver property to any person; or (b) make, alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security. March 7, 2021March 7, 2021 sclaw
I P C Ossification Test Conducted On An Accused Aged Around 40-55 Years Cannot Be Conclusive To Declare Him As A Juvenile On The Date Of The Incident February 28, 2021 sclaw
