Awareness Series 4: (Gold and Bank Locker Facts)
Awareness Series 4- Gold and Bank Locker Facts
Penal Code, 1860 — S. 302-weak case of prosecution
In this case, deceased allegedly assaulted to death by two appellant-accused herein, father and son, using “tabal” and “axe”. Land dispute between appellants (Appellants 1 and 2) and deceased, was…
Constitution of India — Art. 14- use of arbitrary powers
Held, Insofar as the State of Tamil Nadu is concerned, it is an admitted position that there is no specific enactment and/or Act to deal with land grabbing cases, like Andhra…
Unlawful Activities (Prevention) Act, 1967 — S. 43-D(5) & proviso thereto r/w Ss. 18, 19, 20 and 39 — Bail: “Reasonable grounds for believing that the accusation against such person is prima facie true” for denial of bail as provided under S. 43-D(5) proviso”
The embargo under Subsection (5) of Section 43D of the UAPA reads thus, “ Provided that such accused person shall not be released on bail or on his own bond…
Penal Code, 1860 — Ss. 302 and 376 — Rape and murder of minor
Held, The fact remains that there was rape and murder of a 14 year old girl. The guilt of the appellant was proved beyond reasonable doubt on account of testimony…
Penal Code, 1860 — Ss. 302 and 376 — Rape and murder of minor alleged — Circumstantial evidence — Last seen theory — Requirements for invocation of S. 106 of the Evidence Act
Requirements for invocation of S. 106, Evidence Act, explained. Acquittal granted to a man sentenced to death for alleged rape and murder of minor girl. Held, We cannot shy away…
Penal Code, 1860 — S. 124-A : Quashing of proceedings
Direction for quashing of proceedings, after conducting mini trial, not justified, because, while exercising powers of quashing, High Court has to consider only the nature of accusations and allegations in…
Penal Code, 1860 — Ss. 302 and 201- circumstantial evidence
In this case, deceased was a taxi driver, who was strangulated to death by appellant-accused herein (original Accused 1) along with 4 co-accused, and after burying his dead body, they…
Penal Code, 1860 — Ss. 84, 86, 302 and 201 — When is Defence of insanity or mental incapacity available
The allegations against the appellant had been that on 03.05.2009, he took his two sons, aged about 9 years and 6 years, to Haiderpur Canal, strangulated them, and threw the…
Penal Code, 1860 — Ss. 405 and 406 — Criminal breach of trust: Meaning and ingredients of criminal breach of trust, explained
Held, Thus, criminal breach of trust would, inter alia, mean using or disposing of the property by a person who is entrusted with or otherwise has dominion. Such an act…