Penal Code, 1860 — S. 302 — Circumstantial evidence in Murder trial —
In this case, the High Court found one link in chain of circumstances to be missing and not proved. In a case of circumstantial evidence, the chain has to be…
Penal Code, 1860 — Ss. 406, 420, 467, 468, 417 and 418 — Quashing of FIR — Dispute being essentially a civil dispute in nature
A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. noting that…
Penal Code, 1860 — Kidnapping for ransom vis-à-vis kidnapping simpliciter -Relative scope of Ss. 364 and 364-A
Ingredients of offences under Ss. 364 and 364-A and distinction between them, clarified. Section 364. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order…
Penal Code, 1860 — S. 302: Principles clarified relating to bail by suspending sentence in offence of murder, when permissible
something which is very apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction…
Penal Code, 1860 — S. 302 r/w S. 149 — Child eyewitness — Determination of credibility of — Age factor and duty of court
Evidence of child witness cannot be rejected merely because of her age being 12 yrs, but being a child witness, her evidence needs a very careful evaluation with greater circumspection…
Penal Code, 1860 — S. 84 — Unsoundness of mind
The aforesaid provision is founded on the maxim, actus non reum facit nisi mens sit rea, i.e., an act does not constitute guilt unless done with a guilty intention. It…
Penal Code, 1860 — S. 302 r/w Ss. 149, 143, 147 and 504 — Sole related eyewitness
In this case, held, conviction of all the eight accused persons based on evidence of the sole related eyewitness, held, justified, particularly when there is no vagueness in his testimony…
Criminal Procedure Code, 1973 — Ss. 197 and 482: Quashment of complaint on ground of absence of sanction under S. 197, whether warranted Also Acts allegedly done by accused whether committed while acting or purporting to act in the discharge of official duty
Apparently, the bar contained in Section 197 of the Code would not be attracted to the aforesaid facts and circumstances of the present case simply because the police officers had…
Criminal Procedure Code, 1973 — S. 167(2): Remand to police custody after elapse of the first 15 days from the date of arrest, whether/When permissible
It so happened that before the seven days police custody is over and before the CBI exercises the power of interrogation for full seven days which as per the order…
Penal Code, 1860 — S. 302 — Death sentence
Principles for imposition of death sentence, surveyed in detail. Practical guidelines framed for collection/collation of mitigating circumstances. This court in Bachan Singh had warned against categorising cases.96 Rejecting the contention…