These factors taken together create a serious doubt about the correctness of the dying declaration. Therefore, the dying declaration will have to be kept out of consideration. In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the…
2. The learned counsel for the petitioner submitted that the petitioner filed a complaint before the Judicial Magistrate I, Tiruppur, Vellore District, under section 156(3) Cr.P.C., seeking a direction to the respondent police to investigate the matter and the same was taken on the file in CMP.No.1044 of 2023. The learned Judicial Magistrate, by its […]
2. These appeals by special leave are at the instance of five under trial accused charged with having committed offences punishable under Section CRIMINAL APPEAL NO. 1011 OF 2023 Page 2 of 53 120B of the Indian Penal Code, 1860 (for short, ‘the IPC’), Sections 17, 18, 18B and 20 respectively of the Unlawful Activities […]
How to contradiction a witness by a court is being explained in this judgment.
Explore the legal provisions regarding victim's rights in criminal proceedings. Learn about the role of third parties in assisting prosecution and submitting arguments.
HIGH COURT HAS POWER TO QUASH THE FIR EVEN AFTER FILING OF CHARGE SHEET 11. This being the factual backdrop, we may note at the very outset that the contention that the appellants’ quash petition against the FIR was liable to be dismissed, in any event, as the chargesheet in relation thereto was submitted before […]
2. In the present case, we discuss the rights of such accused, whose right to default bail, hangs in the balance by difference of a single day or even less. Ostensibly, one may presume this to be insignificant. However, the constitutional import of the matter is such, that personal liberty, which may only be taken […]
FACTS 2. Under Section 272 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’), the State Government has the power to determine what shall be, for the purposes of CrPC, the language of each Court within a particular State other than the High Court. As provided in Section 6 of CrPC, there are various […]
GROUND ON WRIT PETITION 1. The petitioner, currently serving a sentence of life imprisonment for commission of offences punishable under Section 302/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 approaches this court under its Article 32 jurisdiction, seeking appropriate direction to the first respondent to prematurely release him, […]
Documentary evidence - FIR is a public document and also a dying declaration hence it shall be treated as substantive piece of evidence and admissible under section 32(1) Evidence Act.,1872
At the outset, we must remember that we are dealing with the case of an escaped convict. Therefore, the case of the detenu would obviously be covered by Section 426(2)(b), which deals with case of an escaped convict, already serving a sentence severer in kind, but imposed with a less severe sentence in respect of […]
Study on conspiracy and conviction under Section 120-B of IPC. Only one accused convicted due to lack of evidence. Learn more about criminal conspiracy in Indian law.
SECTION 167 – TRANSFER TO JUDICIAL CUSTODY Under sub-section (1) of Section 167 of the CrPC, 1973, a competent officer shall forward the accused to the Magistrate when it appears that the investigation cannot be completed within 24 hours. Two factors are important as envisaged under sub-section (1). They are, it must be a case […]
SECTION 4 Cr.P.C 15. Section 4 of the CrPC provides that all offences under the IPC shall be investigated, inquired, and tried according to the provisions of the CrPC. Section 4(2) structures the application of the CrPC in situations where a special procedure is prescribed under any special enactment [See State of Punjab v. Balbir […]
1. Though the dispute involved in these appeals concerns the return of the passport of the appellant, it is an outcome of a matrimonial dispute between the appellant and 4th respondent who is his wife. With a view to understand the controversy, a brief reference to factual aspects will be necessary. SUBMISSIONS 5. The learned […]
BAIL PRINCIPLES 18. This Court has, on several occasions discussed the factors to be considered by a Court while deciding a bail application. The primary considerations which must be placed at balance while deciding the grant of bail are: (i) The seriousness of the offence; (ii) The likelihood of the accused fleeing from justice; (iii) […]
The short question which is posed for the consideration of this Court is, whether while releasing the appellant accused on default bail/statutory bail under Section 167(2), Cr.P.C., any condition of deposit of amount as imposed by the High Court, could have been imposed? 9. Having heard the learned counsel for the respective parties and considering […]
Question of law raised-The word ‘Every person’ in s. 141 N.I Act-Onus to prove who is vicariously liable for the company is on the complainant and not on the accused-The appellant cannot be convicted merely because he was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan-unless the…
GIST OF PROCEDURES ON POLICE REPORT: 1. Information (ss. 154 & 155 cr.p.c) – Power to start investigating the offence (s. 156 cr.p.c either Any officer including Higher official u/s 156(1) r/w 154(3) and s. 36 cr.p.c or by the Learned Judicial Magistrate (or having original jurisdiction) u/s 156(3) cr.p.c – How? By informing the […]
DISCUSSION SCOPE OF APPEAL FILED AGAINST THE ACQUITTAL 25. While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court’s view can be termed as a possible one, particularly when evidence on record has been analyzed. The reason is that an order […]
This Article is written by: A. SARAVANA KUMAR. B.A. B.L., REGISTRAR (I.T) / DISTRICT JUDGE, TAMIL NADU STATE JUDICIARY.…
QUESTION OF LAW INVOLVED IN THIS 5 JUDGE BENCH: 2. Thus, the moot question that arises for answering the…
Head note: Appreciation of trial court judgment - Trial court conclusion on Accused-2 - Trial court has accepted the…
Head note: Though appellate court has to re-appreciate the evidence but if contrary view is possible it cannot interfere…
ANTICIPATORY BAIL (or) PRE – ARREST BAIL ANTICIPATORY BAIL – HISTORICAL BACKGROUND Historically, the Code of Criminal Procedure, 1898…
Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want…
FACTS 2. The Appellant before this Court is a registered medical practitioner who is presently working as an Associate…
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