I P C Archives - Page 53 of 59 - Supreme Court of India Judgements

July 1, 2025 5:56 pm

Criminal Procedure Code, 1973, Section 378—Appeal against acquittal—It is trite that only when two views are possible, Supreme Court cannot interfere with a judgment of acquittal; but that would not mean that despite existence of substantial and compelling reasons, the Court will refuse to interfere in a case where it would be just and proper to do so.

May 4, 2017 sclaw

2007(3) LAW HERALD (SC) 2577 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal Nos. 85-87 of 2000…

I P C

Penal Code, 1860 (IPC) – Sections 300, 34 – Common intention – Murder – Appellant holding deceased while she was attacked by assailants – He neither released deceased nor tried to dissuade assailants from attacking – Appellant could be said to have shared the common intention of killing the deceased.

May 1, 2017 sclaw

AIR 2003 SC 342 : (2003) CriLJ 473 : (2002) 9 JT 576 : (2002) 10 SCC 60 : (2003) 1 UJ 341 SUPREME COURT OF INDIA MAJOR SINGH…

I P C

Penal Code, 1860 – Section 376 read with Section 90 – Criminal Procedure Code, 1973 – Section 378 – Rape – Acquittal by High Court – Misconception of fact – If consent is given by prosecutrix under misconception of fact, it is vitiated – Accused had sexual intercourse with prosecutrix by giving false assurance to prosecutrix that he would marry her –

Apr 30, 2017 sclaw

AIR 2014 SC 384 : (2014) 1 CCR 28 : (2014) CriLJ 540 : (2014) 1 JCC 398 : (2014) 1 JT 315 : (2014) 1 RCR(Criminal) 173 :…

I P C

FIR–Delay in lodging FIR by itself would not be sufficient to discard the prosecution version unless it is unexplained and such delay coupled with the likelihood of concoction of evidence.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2470 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. 1020 of…

I P C

Penal Code, 1860 (IPC) — Section 34, 120B, 302, 364A, 386, 511 —Conviction for offence — The Appellant aggrieved by his conviction for offence under Sections 302/34 of the Indian Penal Code and sentenced — the recovery of The dead body on the statements made by the accused from the house in their possession has been proved.

Apr 27, 2017 sclaw

(2014) 1 CCR 398 SUPREME COURT OF INDIA VIJAY KUMAR — Appellant Vs. STATE (NCT) OF DELHI — Respondent ( Before : J.S. Khehar, J; C.K. Prasad, J )…

I P C

Murder—Non attestation of some of the documents by prosecution witness, at the spot is of no consequence. Murder–Evidence–Even if the dying declarations are disbelieved, yet the oral evidence of witness to the extent is admissible.

Apr 26, 2017 sclaw

2007(3) LAW HERALD (SC) 2417 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. 116 of…

I P C

Medical Jurisprudence–The exact time of death cannot be established scientifically and precisely, only because of presence of rigour mortis or in the absence of it.

Apr 25, 2017 sclaw

2007(3) LAW HERALD (SC) 2392 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. 769 of…

I P C

The order of acquittal recorded by the High Court is wholly unwarranted and unjustified. The prosecution has proved the case against the accused-Respondents beyond reasonable doubt – Court set aside the judgment passed by the High Court and confirm the conviction and sentences recorded by the Learned Additional Sessions Judge.

Apr 24, 2017 sclaw

(1996) 4 SCALE 385 : (1996) 9 SCC 18 SUPREME COURT OF INDIA STATE OF M.P. — Appellant Vs. MOHANLAL AND OTHERS — Respondent ( Before : G. N.…

I P C

Rape–Medical report does not disclose any evidence of sexual intercourse, yet even in the absence of any corroboration of medical evidence, the oral testimony of the prosecutrix, which is found to be cogent, reliable, convincing and trustworthy has to be accepted.

Apr 24, 2017 sclaw

2007(3) LAW HERALD (SC) 2309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 205…

I P C

Quashing—Loan from bank on forged documents—Continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of Court and an exercise in futility.

Apr 23, 2017 sclaw

2017(1) Law Herald (P&H) 855 (SC) : 2017 LawHerald.Org 666 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw

Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw

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