Criminal Procedure Code, 1973 — S. 102
Condition imposed for release of seized funds subject to bank guarantee equivalent to amount is invalid when accused not connected with the Company entitled to such funds and also discharged…
Criminal Law — Criminal Trial — Circumstantial Evidence— Extra-judicial confession/Hearsay
Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The…
Criminal Procedure Code, 1973 — S. 319 — Summoning of additional accused:
Ingredients, scope and powers bestowed on court under S. 319, explained. It is, thus, manifested from a conjoint reading of the cited decisions that power of summoning under Section 319…
Criminal Law — Criminal Trial — Sentence — Principles for sentencing
Proportionality/Balancing of Aggravating and Mitigating Circumstances: Principle of proportionality should guide sentencing process. All the accused were found concurrently guilty under Section 148 IPC; they were armed with different kinds…
Criminal Procedure Code, 1973 — S. 438 — Grant of Anticipatory bail
Factors and parameters that need to be kept in mind by court, summarized. While the right to liberty and presumption of innocence are vital, the court must also consider the…
Prevention of Corruption Act, 1988 — S. 13 — Disproportionate assets alleged — Discharge
Principles clarified re “known sources of income” under S. 13(1)(e) PC Act, 1988, and stage at which onus to account satisfactorily for the money to be discharged by accused. Held,…
Criminal Procedure Code, 1973 — Ss. 360 and 107 — Grant of Benefit of probation under S. 360
Factors to be considered for grant of probation, explained. Held, The incident pertains to the year 2007, when the appellant was about 31 years of age and has been sentenced…
Criminal Procedure Code, 1973 — S. 378(3) — Leave to appeal- in case of acquittal under Ss. 302 and 34 IPC
In the night there was an exchange of fire between men in uniform and members of the public, but there is no reliable evidence that the exchange of fire was…
Protection of Children from Sexual Offences Act, 2012 — S. 6 (as it stood prior to amendment dt. 16-8-2023) — Sentence
Imposition of less than minimum prescribed thereunder (of 10 yrs’ RI at the relevant time) is impermissible, even when the accused had moved ahead in life. it was noted by…
Criminal Procedure Code, 1973 — Ss. 401 and 239: Principles explained, relating to permissibility of discharge in exercise of revisional power
At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can…