blog 27.02.22
A relative committed rape on the victim and none of the family members believed her including the sister-in-law (Jethani) and mother-in-law even though being women and rather beat her up…
Penal Code, 1860 — S. 376 — Rape
Principles summarised regarding when conviction of accused on sole testimony of victim/prosecutrix, with or without corroboration is warranted. Held, prosecutrix fully supported case of prosecution and was consistent right from very…
Criminal Procedure Code, 1973 — S. 439 — classical example of Forum shopping to obtain bail
In this case, accused was charged under special Act (MCOCA) and IPC. Upon failure to obtain bail as per law, accused challenged the Vires of the sections of the special…
Criminal Procedure Code, 1973 — Ss.170, 41,41-A,41-B,41-C, 41-D, 42, 438 and 468 – Obligation on police to arrest accused prior to taking charge-sheet on record
Held, not mandatory as per S. 170 and thus anticipatory bail cannot be denied solely on the ground that as police were ready to file charge sheet, it was mandatory…
Penal Code, 1860 — Ss. 302/149 or Ss. 326/149 and Ss. 325/149, 324/149, 323/149 and 147
In this case of altercation leading to assault by 21 accused (including appellants herein) using deadly weapons resulting in death of one and injuries to others, fatal injury on deceased…
Criminal Procedure Code, 1973 — S. 439 – Permitted grant of Bail to attend wedding of child with strict conditions
Directions issued by Supreme Court to take appellant out of jail he is presently lodged in to be transferred to prison of State where marriage ceremony and post-marriage ceremonies of…
Civil Procedure Code, 1908- Object and purpose of Pleadings and effect on relief to be granted by the court when case not specifically pleaded- Or. 6 Rr. 2 – and Or. 7 Rr. 7
Relief can only be on the basis of the pleadings alone. Evidence is also to be based on such pleadings. The only exception would be when the parties know each…
Constitution of India ——Art. “Personal Liberty”and imperativeness of speedy trial:
Held, deprivation of personal liberty without ensuring speedy trial is not consistent with Art 21 of the Constitution. Once it si obvious that timely trial would not be possible and…
Penal Code, 1860 — Ss. 304-A and 279 — Motor Vehicles Act, 1988, Ss. 3/181- Rash and negligent driving resulting in death of one person — When Lenient view and reduction of sentence is warranted
In this case, It was a rash and negligent act as there was no allegation against appellant-accused that at the time of accident, he was under influence of liquor or…