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 gravity of the offence, the impact on society, and the need for a fair and free investigation. it is essential to ensure that all the […]
Criminal Procedure Code, 1973 — S. 438 — Grant of Anticipatory bail Read More »
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 of implements and weapons, that were capable of inflicting deadly injuries. The postmortem report of Subhash revealed at least six serious head injuries, including fracture
Criminal Law — Criminal Trial — Sentence — Principles for sentencing Read More »
Altercation between police officials in reporting room in police station resulting in accidental firing by service weapon, which caused death of one of them, murder, or, causing death by negligence, determined. The prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the intention of
Penal Code, 1860 — S. 302 or S. 304-A r/w S. 80 Read More »
Payment or refund or discharge of liability effected vide banker’s cheque, or pay order, or demand draft, or any instrument where payment is effected through the bank, when complete, and when liability to pay interest on the amount in question ceases, explained. Law clarified relating to applicability of principles contained in Or. 21 Rr. 1(4)
Held, This elucidation of the law is unexceptionable. It is undeniable that an Executing Court can construe a decree if it is ambiguous. However, as in the facts of the case herein, this cannot result in additions (to the terms of the consent, embodied in the email dated 28.03.2019) which were not agreed upon by
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, Section 13(1)(e) of the Act 1988 makes a departure from the principle of criminal jurisprudence that the burden will always lie on the prosecution to
Prevention of Corruption Act, 1988 — S. 13 — Disproportionate assets alleged — Discharge Read More »
In this case of multiple murders, deposition of surviving victim, held, could not form sole basis of conviction, as in a number of statements recorded of such witness, name of appellant-accused surfaced only in the last. However, there was other unimpeachable evidence, particularly the recovery evidence of purchase of bottle of pesticide by accused having
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
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