Rape case: Santosh Gurung vs State of Sikkim: S.C Quashes Life Sentence Based on Broken Circumstantial Evidence
Acquittal

Rape case: Santosh Gurung vs State of Sikkim: S.C Quashes Life Sentence Based on Broken Circumstantial Evidence

An appeal was preferred against concurrent convictions for rape, murder, and screening of evidence founded entirely on circumstantial evidence. The prosecution failed to establish the last seen circumstance due to…

138 ni act
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Practice & Procedures: Section 138 NI Act Trial Court Procedures

Criminal Law Digest Title
Digest

30 Landmark Supreme Court of India Criminal Law Judgments Explained

death
Cr.P.C

Statement of the victim (deceased) to her mother and the mother repeats the same in her testimony (deposition) is admissible in evidence as dying declaration

section 175(3) bnss
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Practice & Procedure: Section 175(3) BNSS (formerly Section 156(3) CrPC)

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Class

Class -1 – Code of Criminal Procedure, 1973 – Introduction

Evidence

Appreciation of evidence explained

138

Recording reason is necessary while issuing direction to pay the interim compensation under section 143A(1) of N.I Act

General

S. 138 N.I Act would note attract if the part payment made before encashment of the cheque issued for the original amount

General

If the judgment is not available on record then the declaration of the result cannot tantamount to a judgment as prescribed in the Cr.P,C

Acquittal

Section 362 Cr.P.C does not apply to the judgment not sealed and signed though dictated in the open court

General

Whether two persons can sign in the information or can two persons can jointly give information before the police? NO

Cr.P.C

S. 319 Cr.P.C

Class

Role of De-facto complainant during investigation and further investigation

Cr.P.C

Section 326 Cr.P.C: Only application to summary and not to summons trial like N.I Act

Cr.P.C

Under section 326(3) Cr.P.C a successor judge or magistrate has to start de-novo trial

Suggestions
General

Suggestions put to the witnesses are part of the evidence based on that suggestions court can convict the accused

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