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 from the fact that it is a ghastly case of rape and murder of a 6 year old child. By not conducting the investigation properly, […]
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 of direct eye-witnesses. The sentence awarded by the High Court is life imprisonment for the whole of biological life of the appellant without any remission.
Penal Code, 1860 — Ss. 302 and 376 — Rape and murder of minor Read More »
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 if the Court, on a perusal of the case diary or the report made under Section 173 of the Code is of the opinion that
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 Pradesh Land Grabbing (Prohibition) Act, 1982 and the Anti-Land Grabbing Special Cells have been formed by G.O. No. 423 dated 28.07.2011 to exclusively deal with the
Constitution of India — Art. 14- use of arbitrary powers Read More »
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 alleged cause of the incident. The High Court upheld conviction of appellants under S. 302 IPC. However, prosecution failed to established case beyond reasonable doubt.
Penal Code, 1860 — S. 302-weak case of prosecution Read More »
No statement made by a person to a police officer in the course of any investigation under Chapter XII of the Cr.P.C., which is reduced to writing, is required to be signed by the person making the statement – Section 180 of the IPC gets attracted only if a statement is refused to be signed
Indian Penal Code, 1860; Section 180 – Code of Criminal Procedure, 1973; Section 162 Read More »
Principles clarified relating to applicability of fundamental principle while dealing with an objection as to lack of territorial jurisdiction to entertain writ petition on the ground that the cause of action has not arisen within its jurisdiction, namely, that High Court essentially has to arrive at a conclusion on the basis of the averments made
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 exceeded their authority in proceeding to arrest the accused persons at Criminal Appeal @ S.L.P.(Crl.) No.4517 of 2019 Anuppur which was not within the territorial jurisdiction
In this case, SLP against order of High Court after earlier SLP against same order was withdrawn without any liberty to file a fresh SLP, but with liberty to pursue remedy of review before the High Court. Second SLP was filed challenging dismissal of review as well as dismissal of appeal in High Court. Question
Constitution of India — Art. 136 — Maintainability on SLP Read More »
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 with respect to the role ascribed to each one of the accused. Further, A witness being a close relative is not a ground enough to
Penal Code, 1860 — S. 302 r/w Ss. 149, 143, 147 and 504 — Sole related eyewitness Read More »
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