Weekly Digest: November 1-8′ 2024

Extra-Judicial confession: VAO is total stranger and no necessity for the accused to trust him to confess

Cognizance taken without sanction does not prevent ED to seek cognizance again after obtaining the necessary sanction

Court Martial Murder Case: Armed Forces Tribunal: Order of acquittal enhances the presumption of innocence

Sale is not a Contract

No onerous bail conditions: Condition imposed by the Hon’ble High Court directing the accused to demolish the wall of the complainant at accused’s cost tantamount to deprivation of civil rights rather than to ensure the accused’s presence during trial

Closure report & PMLA: Closure report filed in predicate offence deserves to be challenged to continue proceedings under PMLA hence though the ED is neither aggrieved person nor victim it may approach the High Court as ED is connected to the issue

Subject Study on Examination of Witness

Remission Procedure Set out: Section 432 Cr.P.C: Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission further Hon’le Supreme Court sets the standards for granting and cancelling remission

Reversal of acquittal: Procedure: Collusion and motive of the accused synthesizes with the medical evidence and false explanation hence reversal of acquittal is correct

Section 389 Cr.P.C: Condition for Suspension of Sentence: Appellate court should confirm that the condition does not make it difficult or impossible for the accused to comply

Appeal against acquittal: Appellate court would not scrutinize evidence once again unless there has been a total miscarriage of justice