I P C Archives - Page 47 of 58 - Supreme Court of India Judgements

Grievous Hurt–Benefit of probation not granted as injuries were caused intentionally.

Oct 7, 2017 sclaw

2007(5) LAW HERALD (SC) 4037 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 766 of…

I P C

Confession is a substantive piece of evidence, but as a ‘Rule of Prudence’ the Court should seek other corroborative evidence to test its veracity. Kidnapping and Extortion–The act of kidnapping for extorting ransom from the victim cannot be termed as an act committed “with intent to overawe the Government as by law established–TADA not applicable. Confession–Admissibility of–The mere fact that retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected to coercion, threat or any undue influence or was offered any inducement to give any confession

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4030 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…

I P C

Criminal Breach of Trust—Vicarious Liability—An individual who has perpetrated the commission of an offence on behalf of the company can be made an accused, along with the company, if there is sufficient evidence of his active role coupled with criminal intent.

Sep 29, 2017 sclaw

2017(2) Law Herald (SC) 1508 : 2017 Law Herald.Org 1145 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Adarsh Kumar Goel Criminal Appeal…

I P C

Rape with consent–The fact that the hymen was freshly ruptured and the vagina could take only one finger with difficulty shows that prosecutrix was not habituated to sexual intercourse and had been subjected to intercourse against her will.

Sep 6, 2017 sclaw

2007(5) LAW HERALD (SC) 3806 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 928…

I P C

Rape–An undeserved indulgence or liberal attitude in not awarding adequate sentence in such cases would amount to allowing or even to encouraging ‘potential criminals’.

Sep 1, 2017 sclaw

2007(5) Law Herald (SC) 3735 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 1658 of…

I P C

Rape–The only statement that can be made by the medical officer is that there is evidence of recent sexual activity–Whether the rape has occurred or not is a legal conclusion, not a medical one.

Sep 1, 2017 sclaw

2007(5) LAW HERALD (SC) 3729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 32 of 2007…

I P C

Rape—Minor Victim—Delay in lodging FIR—Sexual assault on a girl aged nine years by her uncle—Incident came into light after 3 years—Accused convicted. Rape—Safe Testimony—Seeking corroboration to a statement before relying upon the same as a rule, in such cases, would literally amount to adding insult to injury.

Aug 10, 2017 sclaw

2017(1) Law Herald (SC) 360 : 2016 LawHerald.Org 2503 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr, Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…

I P C

Culpable homicide not amounting to murder–Sudden provocation–Whether there was an intention to cause death is to be gathered from several circumstances, and one of the circumstances is whether the weapon was carried by the accused or was picked up from the spot.

Aug 6, 2017 sclaw

2007(5) LAW HERALD (SC) 3527 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1511 of 2007…

I P C

Juvenile–Rape~ Repeated Offence—It is enough to see if he was juvenile on the date when the last of such incidents had occurred.

Jul 30, 2017 sclaw

2017(1) Law Herald (SC) 302 : 2017 LawHerald.Org 586 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Uday Umesh Lalit…

I P C

Forgery—Reduction in sentence as substantive sentence for other certain offences were reduced.

Jul 26, 2017 sclaw

2007(5) LH (SC) 3499 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Writ Petition (crl.) 1303 of 2007)…

Grievous Hurt–Benefit of probation not granted as injuries were caused intentionally.

Criminal Breach of Trust—Vicarious Liability—An individual who has perpetrated the commission of an offence on behalf of the company can be made an accused, along with the company, if there is sufficient evidence of his active role coupled with criminal intent.

Rape with consent–The fact that the hymen was freshly ruptured and the vagina could take only one finger with difficulty shows that prosecutrix was not habituated to sexual intercourse and had been subjected to intercourse against her will.

Rape–An undeserved indulgence or liberal attitude in not awarding adequate sentence in such cases would amount to allowing or even to encouraging ‘potential criminals’.

Rape–The only statement that can be made by the medical officer is that there is evidence of recent sexual activity–Whether the rape has occurred or not is a legal conclusion, not a medical one.

Culpable homicide not amounting to murder–Sudden provocation–Whether there was an intention to cause death is to be gathered from several circumstances, and one of the circumstances is whether the weapon was carried by the accused or was picked up from the spot.

Juvenile–Rape~ Repeated Offence—It is enough to see if he was juvenile on the date when the last of such incidents had occurred.

Forgery—Reduction in sentence as substantive sentence for other certain offences were reduced.

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Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Supreme Court of India Judgements

Category: I P C

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