Rape on minor—Punishment–It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Rape on minor—Sentence less than–Minimum punishment of 10 years—Recourse to the proviso can be had only for “special and adequate reasons” and not in a casual manner.
2007(4) LAW HERALD (SC) 3337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 782 of 2001…
Murder–Circumstantial Evidence–It is not an inflexible rule that the identification of the body, cause of death and recovery of weapon with which the injury may have been inflicted on the deceased are not established, it would result in acquittal provided the charges against the accused otherwise can be established on the basis of the other reliable and trustworthy evidence.
2007(4) LAW HERALD (SC) 3327 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 101 of…
Voluntary causing hurt—Compounding of offence—Permission of the Court is not necessary. Compounding of offences–Once the offences have been compounded and the requisite permission is granted by the Court, the accused must be acquitted.
2007(4) LAW HERALD (SC) 3324 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. 1302 of…
‘Murder’ and ‘culpable homicide not amounting to murder’ distinction between explained. Culpable Homicide—Single blow—No rule of universal application that whenever one blow is given Section 302 IPC is ruled out. It would depend upon the facts of each case.
2007(4) LAW HERALD (SC) 3318 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. 1221 of…
Culpable Homicide—Accused gave blow with iron rod, in heat of passion to his mother-in-law—Conviction should be under Section 304 Part I instead of Section 302 IPC.
2007(4) LAW HERALD (SC) 3313 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1388 of…
Divorce—Transfer petition declined as there was no allegation of harassment either by husband or his relation.
2007(4) LAW HERALD (SC) 3312 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Transfer…
Bail—Stamp scam—Allegation of helping Telgi in jail—Long time to complete trial—Another person with similar allegation already on bail—Bail granted.
2007(4) LAW HERALD (SC) 3309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, C.J. The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice…
Culpable Homicide—Attempt to commit—There must be existence of an intention or knowledge.
2007(4) LAW HERALD (SC) 3306 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. 1390…
Culapable Homicide—Sudden fight–Homicide committed is clearly not traceable to unilateral provocation, in such cases could the whole blame be placed on one side. For if it were so, the Exception more appropriately applicable would be Exception 1.
2007(4) LAW HERALD (SC) 3303 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Criminal Appeal No. 1428…
Indian Penal Code, 1860, S.302 & S.392–Murder–Last Seen Together-Adverse Inference-Robbery–Recovery of stolen items-Acquittal-Recovery of ornaments of the deceased from the accused or production of the same by the accused in the course of investigation, howsoever suspicious, cannot be conclusive of the question of the accused having committed the murder
2017(1) Law Herald (SC) 250 : 2017 LawHerald.Org 519 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…