The inevitable conclusion is that the prosecution has failed to establish that the appellant had the knowledge that articles seized from his possession are stolen goods. In Trimbak vs. State of Madhya Pradesh5, this Court discussed the essential ingredients for conviction under Section 411 of the IPC. Justice Mehr Chand Mahajan, in his erudite opinion […]
Penal Code, 1860 — S. 411 r/w S. 24 — Receiving stolen property Read More »
Essential ingredients of offences of supporting and/or raising funds for terrorist organisation under Ss. 39 & 40 and matters to be considered before cancellation of bail in respect of such offence(s), It would further reveal that not only the charge-sheet but supplementary charge-sheet has been filed. The Forensic Science Laboratory (for short, “FSL”) report show
The essence of the business model is to provide a fillip to the revenue generated by another arm of the business. This being the case, movie goers are bound by the condition of entry determined by the theatre owners in the instant case i.e., the prohibition on carrying food and beverages from outside into the
When a part of the evidence produced by the prosecution to bring the accused within the fold of S. 34 is disbelieved, held, the remaining part must be examined with adequate care and caution. .Both the appellants have been charged only based upon the rule of evidence available under Section 34 of the IPC. Section 34 does not constitute
Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34 Read More »
Held, For attracting S. 138, as per proviso (b) a demand notice demanding the “the said amount of money” needs to be made by the drawee of the cheque (Para 26) and an omnibus demand notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of
Governor in exercise of powers under Art. 161, held, is bound by advice of State Cabinet in matters relating to commutation and remission of sentences. The Appellant was 19 years of age at the time of his arrest and has been incarcerated for 32 years, out of which he has spent 16 years on the
Constitution of India — Arts. 161 to 163 — Scheme Read More »
A power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC. An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn
Constitution of India — Art. 137 — Power of review Read More »
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 the High Court that the age of the child, rather victim is 10 years and on the contrary, Section 5 (m) of the Act itself
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 with a view to kill. Moreover, the deceased did not die of a rifle bullet injury. Rather, he died from a .12 bore gunshot which
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 to undergo imprisonment for a period of one month. As per the information furnished by the learned counsel for the State, the appellant has never
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