Category: Supreme Court

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Section 27 IEA: Mere exhibiting the disclosure statement to the IO is not sufficient but the IO must give description about the conversation while recording disclosure statements in evidence

-April 22, 2024

The appellants were convicted for the offence of murder. The trial court acquitted a1, a2, and a3 but convicted a4, a5, and a6. However, the Hon'ble High Court of Karnataka reversed the acquittal of a1, a2, and a3 and confirmed the conviction of the other accused. The Hon'ble Supreme Court discussed its previous judgments and explained the four principles to…

Section 27 IEA: I.O did not narrate the exact words spoken by the accused while making a disclosure statement

-April 21, 2024

The Hon'ble High Court of Madhya Pradesh dismissed an appeal related to a case of robbery and assault. However, the assailant was not identified. The appellant was arrested on suspicion and case articles were recovered from him. The informant identified the articles, and a final report was filed. Conclusions were reached during the trial and appeal that the appellant is…

Cheating: After consideration if the land was not transferred to the complainant or did not exist or had been sold or transferred to somebody else then it is cheating

-April 21, 2024

The State has challenged an order rendered by the Hon'ble High Court of Rajasthan, which had quashed the FIR registered against the respondent for cheating in the sale of land. The respondent had neither returned the amount nor handed over the land to the complainant. However, it is not the case that the land was not transferred to the complainant,…

Protest petition: When the Magistrate does not treat the protest petition as a complaint and rejects it then the complainant can file a fresh complaint

-April 20, 2024

An appeal has been filed against an order under section 482 CRPC to quash a summoning order. The summoning order was issued after a final report was lodged based on information received. However, a protest petition was filed alleging the investigation was unfair. The Chief Judicial Magistrate (CJM) rejected the police report and summoned the accused after taking cognizance of…

PMLA & Cognizance: Under PMLA special court can take cognizance only by way of complaint filed by the authority authorized on this behalf

-April 18, 2024

The complaint filed by the ED authority is being challenged on the grounds that, except for Section 120B of the Indian Penal Code, no other offences are considered scheduled offences. Without a scheduled offence, there cannot be any proceeds of crime. Furthermore, under the Prevention of Money Laundering Act (PMLA), a special court can only take cognizance of a case…

Homicide not amounting to murder: Though the accused shot the deceased but the weapon (Firearm) was not brought for the purpose of committing an offence in the liquor party

-April 17, 2024

This is a summary of a legal case where the accused were convicted under sections 302 r/w 34 IPC for a fire shot incident that occurred during a liquor party. The conviction was upheld by the High Court after sentenced by the Trial court. However, it was found that one of the accused (A2) had refused to shoot the deceased,…

Observation of Hon’ble High Court that once the police recorded statements of the Doctor and PW-4, the statements of PW-4 and the Doctor before the Court became meaningless is contrary to section 162 Cr.P.C

-April 14, 2024

Challenge against the reversal of acquittal by the Hon’ble High Court - Facts of the case: Section 302 IPC - Trial court acquitted the appellants but Hon’ble High Court overturned the sentence and sentenced to life - It is well-settled principle that an order of acquittal further strengthens the presumption of innocence of the accused - Unless there is statutory…

Terrorist Act: Bail is a fundamental right under Article 21 of the Constitution even for Unlawful Activities (Prevention) Act, 1967 (SHOMA KANTI SEN)

-April 11, 2024

Terrorist Act: Any act must be done with intent to threaten or likely to threaten the unity, integrity, security, economic security or sovereignty of India or such act must be accompanied with an intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country. Appeal against…

Two views theory: If two views are possible then the High court can interfere in the findings of the trial judge only if it is perverse or impossible

-April 5, 2024

Challenging the reversal of acquittal by the High Court - Case rests on circumstantial evidence - Chain of evidence must be complete as against the accused without any hypothesis except the accused is guilty - Suspicious cannot take place of proof - The law regarding interference by the appellate court Homicidal death is admitted fact - Appreciation of trial court…

Section 138: After the civil court declares the cheque as security the sentence and damages provided by the criminal court would not lie

-April 3, 2024

Appellant convicted under section 138 NI Act - Whether accused can be held guilty whereas the competent civil jurisdictions already passed decree in connection with the same transaction - Proceedings and facts before the lower court - Same cheque was in issue before both civil and criminal courts and the conclusions of the courts below.

Anticipatory Bail: Court is required to focus on the role attached to the accused whose application is under consideration

-April 1, 2024

Appellant has taken obscene photographs of the neighbour ‘X’ and blackmail to extort money - Prime accused enlarged on bail - High Court allowed Anticipatory Bail to the accused and subsequently dismissed on the application filed by the complainant section 439 (2) Cr.P.C - Concept of anticipatory bail - Present appellant had been charged only under section 120B and section…

Juvenile Justice Act, 2015: Though offences POCSO and Murder have been proved accused acquitted based on procedural illegalities

-March 30, 2024

Challenge against the dismissal of criminal appeal by the Hon’ble High Court - Observation of the Trial court after the conviction - Child was not returned home from a shop and could not be traced hence fir registered - Victim (deceased) was last found with accused - Accused confessed and based on that dead body recovered and after post-mortem it…

Section 306 IPC: A casual remark that is likely to cause harassment in ordinary course of things does not constitute offence under section 306 IPC

-March 30, 2024

Challenge against the dismissal of order under section 482 Cr.P.C - Deceased died due to non-vacation of his house by his brother (accused) - Quash petition filed after charge sheet was filed - Except the appellant told the deceased to go out and die there is no other allegations brought on record - Appellant was in USA and there is…

When chief-examination of Prosecution witness is being recorded presence of accused advocate is required to object to a leading or irrelevant question being asked to the witness

-March 30, 2024

Charge against the appellants are under sections 419, 420 of IPC and sections 66 read with 43 (j) and 66D of IT Act. Trial judge recorded 12 Prosecution witnesses Chief-examination without recording their cross-examination. Trial proceeded as per the direction of the Hon’ble Madras High court but appellants did not engage any advocate. Trial court ought to have provided legal…

Section 420 IPC: The contention that since charge sheet has been filed the present appeal is to be dismissed was rejected

-March 24, 2024

Appeal against FIR dismissal seeks to quash case under Section 420 IPC. Apex court has held that there is no fraud, cheating, and criminal breach of trust allegations in this legal battle further quashed the case. Also Supreme court has insisted that if only civil remedy lies but criminal proceedings filed then the complainant must face the consequences.

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NDPS: Confession: Explained

January 19, 2023/

Further, the Hon’ble Apex court in the case of “Tofan Singh Versus State of Tamil Nadu reported in (2021)…

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