I P C Archives - Page 38 of 59 - Supreme Court of India Judgements

Rape and Abduction–Accused contending that he had married the victim–No signature or thumb impression was obtained and the Kazi who is claimed to have solemenised the nikah was not examined–Conviction upheld.

Mar 17, 2019 sclaw

2009(1) LAW HERALD (SC) 591 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No.100 of…

I P C

Quashing—Framing of Charge—When the order of the Trial Court does not surfer from any perversity, High Court should not have quashed the impugned order of framing of charge

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 485 : 2019 LawHerald.Org 553 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal…

I P C

Quashing–Civil Liability–Buyer Company refused to accept goods being defective–FIR u/s 420 IPC lodged–No misrepresentation made at time of contract–No case of criminal liability–FIR quashed.

Mar 11, 2019 sclaw

2009(1) LAW HERALD (SC) 572 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2089 of 2008…

I P C

Acid burns–Reduction in sentence–Victim suffered severe burn injuries on head, face and chest–High Court reduced the sentence to already undergone–Order of High Court aside–Sentence could not be reduced in such a heinous crime.

Mar 11, 2019 sclaw

2009(1) LAW HERALD (SC) 562 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No.1951 Of 2008 Vishwambhar…

I P C

Unlawful Assembly–Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC

Feb 25, 2019 sclaw

2009(1) LAW HERALD (SC) 525 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. of…

I P C

Criminal Law–Murder–Common intention–Prosecution case that appellant alongwith other accused murdered the deceased–Evidence of PWs 2 and 3 did not attribute any overt act to the appellant–Mere fact that he was in the company of accused who were armed would not be sufficient to attract Section 34 I.P.C.–It is undisputed that appellant was not armed and he has no animosity with the deceased

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 518 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of…

I P C

Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…

I P C

Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 124 : 2019 LawHerald.Org 502 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 105 : 2019 LawHerald.Org 503 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…

I P C

Corruption—Criminal Conspiracy—Accused and Co-accused were acquitted under S.120-B IPC—Co-accused was also acquitted under Corruption Act—Accused also entitled for his clean acquittal under Corruption Act.

Feb 23, 2019 sclaw

2018(4) Law Herald (P&H) 2767 (SC) : 2018 LawHerald.Org 1617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice InduMalhotra Criminal Appeal No.…

Rape and Abduction–Accused contending that he had married the victim–No signature or thumb impression was obtained and the Kazi who is claimed to have solemenised the nikah was not examined–Conviction upheld.

Quashing—Framing of Charge—When the order of the Trial Court does not surfer from any perversity, High Court should not have quashed the impugned order of framing of charge

Quashing–Civil Liability–Buyer Company refused to accept goods being defective–FIR u/s 420 IPC lodged–No misrepresentation made at time of contract–No case of criminal liability–FIR quashed.

Acid burns–Reduction in sentence–Victim suffered severe burn injuries on head, face and chest–High Court reduced the sentence to already undergone–Order of High Court aside–Sentence could not be reduced in such a heinous crime.

Unlawful Assembly–Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC

Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC

Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence

Corruption—Criminal Conspiracy—Accused and Co-accused were acquitted under S.120-B IPC—Co-accused was also acquitted under Corruption Act—Accused also entitled for his clean acquittal under Corruption Act.

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Supreme Court of India Judgements

Category: I P C

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