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Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted. Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word “bastard” is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Medical negligence — Consent for surgery — Allegation of interpolation in consent form for Orchidectomy — Medical Board’s opinion that Orchidectomy was an appropriate procedure in cases of undescended testicle and that consent should have been obtained — No evidence of interpolation in consent form (different ink or handwriting) — Consent form indicated both Orchidopexy and Orchidectomy as options. Held, continuance of criminal proceedings would be an abuse of process of court and liable to be quashed. Appeals allowed, impugned High Court judgment set aside, and proceedings quashed Extraordinary Jurisdiction of Supreme Court (Article 136) — Equitable relief — Not granted to litigants whose conduct is callous, lackadaisical, and in clear violation of applicable rules and regulations — Commercial decisions of State Government not substituted by court. Constitution of India, 1950 — Article 14 — Public power, allocation of public resources, award of public contracts, execution of public works — State bound to act transparently, fairly, and consistently with equality — Process must withstand objective scrutiny and be free from arbitrariness, favouritism, or undisclosed conflicts of interest — Public confidence in governance requires equality, integrity, and accountability.

Dowry Death—Causing disappearance of Evidence—Acquittal—Appellants were acquitted u/ s 304-B IPC but were convicted u/s 201 IPC-Conviction u/s 201IPC could not be made merely on an assumption that the cremation of the body of deceased was not possible without the active connivance of the Appellants—Appellants held entitled to benefit of doubt-­ Appellants acquitted under 201 IPC also.

2019(2) Law Herald (SC) 1742 : 2019 LawHerald.Org 1021 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…

Examination of Witness—Video Conferencing—In a criminal trial, where the witness was found residing/situate outside India and whose evidence was essential for the case set up by the prosecution then evidence of witness can be recorded through video conferencing Examination of Witness—Mere long pendency of trial by itself cannot be a ground for declining an application for examination of material witness

2019(2) Law Herald (SC) 1716 : 2019 LawHerald.Org 1030 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Honble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

Accident—Loss of Future Earning—Non earning victim—Legal principles laid down Accident—Speedy disposal of Claim Petitions—Directions issued for establishment of Motor Accidents Mediation Authority in every district Accident—Speedy disposal of Claim Petitions—Police to complete investigation and file FIR and provide all documents in form of evidence to MACT and Insurance Company—Insurance Company to decide within 30 days whether claim is payable otherwise MACT to decide petition within 30 days

2019(2) Law Herald (SC) 1658 : 2019 LawHerald.Org 940: 2019) 1 ACC 730 : (2019) 1 ILR(Kerala) 883 : (2019) 2 JBCJ 35 : (2019) 2 KerLJ 253 : (2019)…

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