If the prosecution failed to prove the identity of seized gold the accused is not liable to prove lawful acquisition of gold
These appeals concerning a significant fraud involving fake Telegraphic Transfers (TTs) that resulted in a loss of Rs. 6.7 crores at Vijaya Bank, Nasik Branch. The Court reviewed the convictions of several accused, including Nandkumar Babulal Soni, who was found guilty under Sections 120B and 411 of the IPC. However, the Supreme Court ultimately set aside Nandkumar’s conviction, determining that the prosecution failed to establish the identity of the seized gold bars as stolen property. Consequently, Nandkumar was entitled to the return of the gold bars, while appeals from Hiralal Babulal Soni and Vijaya Bank for the return of the gold were dismissed.
Acquittal: Seized weapons were not shown to the doctor who conducted the post-mortem
Hon’ble Supreme Court of India allowed the appeals by setting aside their convictions for the murder of Ahsan Ali under Sections 302/149 of the Indian Penal Code. The Court found that the prosecution’s case relied heavily on the testimony of a sole eyewitness, whose credibility was undermined due to his criminal antecedents and inconsistencies in his statements. The Court noted significant gaps in the investigation, including the failure to seize the motorcycle involved in the incident and the lack of corroborative evidence linking the accused to the crime. Ultimately, the Court concluded that the prosecution had not established a credible connection between the accused and the murder, thereby granting the appellants the benefit of the doubt and discharging their bail bonds.
Acquittal: Prosecution ought to have exhibited the original postal cover and not the copy even if it bore the signature of appellant
In this case, the Hon’ble Supreme Court allowed the appeal by acquitting the appellant of charges related to forgery and conspiracy under the IPC. The appellant had been convicted based on the testimony of a handwriting expert regarding a postal cover allegedly containing a forged marksheet. However, the Court found that the original postal cover was never produced or exhibited in evidence, rendering the prosecution’s case unproven. The Court emphasized that without the primary evidence of the disputed document, the reliance on the handwriting expert’s report was insufficient to uphold the conviction. Consequently, the judgments of the trial court, appellate court, and High Court were quashed, leading to the appellant’s acquittal.
Dying Declaration: Acquittal: Variances in dying declarations and no other evidence corroborates the dying declaration that accused set her on fire
Variances in dying declarations and no other evidence corroborates the dying declaration that accused set her on fire.
Alibi: Accused must prove the alibi after getting answer from the witness that the accused was not in police station
Hon’ble Supreme Court explained how to appreciate alibi and omissions.
Successive bail application can be filed before different judge holding rooster [Reference Answered]
The Division Bench order addresses the procedure for successive bail applications arising from the same FIR, clarifying that such applications should be assigned to the Judge currently holding the roster. The order emphasizes the importance of consistency in judicial decisions, instructing that the new Judge should give due weight to the views of the previous Judge who dealt with earlier bail requests.
Once dying declaration is proved then failure to prove other facts is not relevant at all
Apex court upheld the convictions of the appellants for the murder of Nagender Yadav, based on the dying declarations made by the deceased (Nagender Yadav) to his wife and brother, which identified the assailants. The Hon’ble Supreme Court found the testimonies of the witnesses credible and consistent, despite challenges regarding the conditions under which the declarations were made and the identification of the accused. The court also noted that the presence of a street light and the prior acquaintance of the deceased with the accused supported the reliability of the identifications. The appeals were dismissed, affirming the trial court’s and High Court’s decisions, and the appellants were sentenced to rigorous life imprisonment, with a provision for fines and default sentences.
Section 319 Cr.P.C: Court becomes functus officio once trial concluded and power to summon new accused under section 319 Cr.P.C is no longer vests with the said court
In this case, the Hon’ble Supreme Court addressed the legality of summoning the appellants under Section 319 of the CrPC after the conclusion of the original trial, which had resulted in the conviction of co-accused. The Court held that the High Court was justified in exercising its revisional jurisdiction to set aside the Trial Court’s rejection of the application to summon the appellants, as the rejection was based on a misapplication of law. The Court emphasized that the order of the High Court relates back to the original order of the Trial Court, allowing the summoning order to be deemed as having been passed before the trial’s conclusion. It clarified that while Section 319 does not require a summoned person to be heard before being added as an accused, the right to a hearing arises if the High Court’s order is prejudicial to the proposed accused. Ultimately, the appeal was dismissed, and the Trial Court was directed to proceed with the summoning order to ensure the appellants face trial.
Apex court reiterates that absence of injuries on the private parts of victim is not always fatal to the prosecution case
The Hon’ble Supreme Court upheld the conviction of appellant for rape and assault, confirming the Hon’ble High Court’s decision which confirmed a five-year sentence under Section 376 and a six-month sentence under Section 323 of the Indian Penal Code of the Trial court. This case stemmed from an incident in 1984 where the prosecutrix was attacked and raped by the accused while she was at his home for tuition. Despite the defense’s claims of false implication and lack of medical evidence corroborating the assault, the Court found the prosecutrix’s testimony to be credible and reliable, emphasizing that the absence of physical injuries does not negate the occurrence of rape. The Court dismissed the appeal, stating that the character of the prosecutrix’s mother had no bearing on the case, and directed the competent authority to consider the accused’s case for remission in accordance with state policy.
POCSO or IPC?
The Hon’ble Supreme Court of India, in this judgment addressed the appeal of appellant against his conviction for sexual assault on his minor daughter under the Indian Penal Code [IPC] and the Protection of Children from Sexual Offences Act [POCSO]. The Court upheld the conviction, affirming that the trial court’s decision was justified based on the evidence presented, including the victim’s testimony and medical examination. However, it partially modified the sentence, ruling that while the appellant would serve life imprisonment, it would not be stipulated as imprisonment for the remainder of his natural life, and imposed a fine of Rs. 5,00,000, which is to be paid to the victim. The Court clarified that the sentences for the various offences would run concurrently.
Acquittal: Trap case: Witness entered the room only after the complainant’s signal, meaning they did not witness the actual transaction also the amount was scattered in the floor next to the accused
This judgment revolves around the acquittal of two accused, Madan Lal (Enforcement Inspector) and Narendra Kumar (Office Assistant), who were convicted under the Prevention of Corruption Act 1988 [Section 13(i)(d) read with Section 13(2) with rigorous imprisonment for one year and fine of Rs. 1000/- and a further sentence of R.I for six months under Section 7(2) of the Act, also with a fine of Rs. 1000/-] for allegedly demanding and accepting bribes for expediting a license application. The Hon’ble Supreme Court found significant inconsistencies in the complainant’s statement and the evidence presented before the court leading to reasonable doubt regarding the demand and acceptance of the bribe. Consequently, the Court set aside the convictions and sentences imposed by the Trial Court and affirmed by the High Court, concluding that the prosecution failed to establish the allegations beyond a reasonable doubt.
Religious Practices vs. Human Dignity: Hon’ble Madras High Court Ban on Angapradakshinam (roll over plantain leaves) at Nerur Temple
The Hon’ble Madras High Court set aside a single judge’s order that had permitted the practice of “Angapradakshinam” (rolling over plantain leaves after meals) at Sri Sadhasiva Brahmendral’s Jeeva Samadhi in Nerur, Tamil Nadu, emphasizing that this practice had already been prohibited by a Division Bench judgment in W.P.(MD).No.7068 of 2015 due to concerns over human dignity and public health. The court noted that the single judge had erred in allowing the practice despite the binding nature of the earlier Division Bench ruling, and referenced a similar Supreme Court stay on comparable rituals (“urulu seve” and “made snana”) at Kukke Subramanya Temple in Karnataka. The Division Bench ruled that the prohibition on the rolling practice would remain in effect until the Supreme Court resolves the pending Civil Appeal No.4543 of 2017, reinforcing the principle that religious practices must align with constitutional values while maintaining judicial discipline by respecting the hierarchical structure of court decisions.
Discharge: Death by electrocution while working is purely accidental (death) and hence section 304 II IPC would not apply
The Supreme Court allowed the appeal filed by Yuvraj Laxmilal Kanther and Nimesh Pravinchandra Shah against the State of Maharashtra, setting aside the orders of both the Trial Court and High Court that had rejected their discharge applications. The case involved the accidental death of two employees who were electrocuted while working on a shop sign board at a height of 12 feet using an iron ladder. Though initially charged under Section 304A IPC, the case was later committed to Sessions Court under Section 304 Part II IPC on grounds that the appellants had not provided safety equipment. The Supreme Court found that no prima facie case was made out against the appellants as there was neither intention nor knowledge that their actions would likely cause death, which are essential ingredients for an offense under Section 304 Part II IPC. The Court concluded that the incident was purely accidental and discharged the appellants from the criminal case.
Acquittal: Section 306/114 IPC: Unless the accused admitted the handwriting report the expert should be examined to prove the handwriting opinion report
This case involves appeal against their conviction under Sections 306 and 114 of the Indian Penal Code for abetting the suicide of Dashrathbhai Karsanbhai Parmar. The appellants were sentenced to five years of rigorous imprisonment and fined, but they contended that the prosecution lacked credible evidence, such as direct acts of instigation or a reliable suicide note. The Supreme Court, upon reviewing the evidence, found significant inconsistencies and a lack of proximate actions by the appellants that could have compelled the deceased to commit suicide. Consequently, the Court allowed the appeal, set aside the lower court’s judgments, and discharged the appellants from bail.
Supreme Court Clarifies Extinguishment of Unclaimed Tax Liabilities Post-Approval of Resolution Plan under the Insolvency and Bankruptcy Code
In this case, the Apex court addressed an appeal against the National Company Law Appellate Tribunal’s dismissal of a challenge to income tax demands raised after the approval of a Resolution Plan under the Insolvency and Bankruptcy Code. The court found that the income tax liabilities for assessment years 2012-13 and 2013-14 were not included in the approved Resolution Plan and thus, under Section 31(1) of the IB Code, these claims were extinguished. The court criticized the lower tribunals for not considering the merits of the case and for imposing costs without justification. Ultimately, the Supreme Court set aside the orders of the NCLT and NCLAT, declaring the subsequent income tax demands invalid and reaffirming that the approved Resolution Plan is binding and should allow the corporate debtor to restart operations without unforeseen liabilities.
When Preliminary Enquiry is required? S.C clarified
Hon’ble Supreme Court has clarified as to how and when preliminary enquiry is required in criminal cases.
Whether express condition in the settlement deed is necessary to cancel the settlement deed under section 23(1) of senior citizen’s act?
Whether express condition in the settlement deed is necessary to cancel the settlement deed under section 23(1) of senior citizen’s act?
After 45 years, the rape case has come to an end with the acquittal being set aside
The Supreme Court of India reviewed the case of the State of Rajasthan vs. Chatra, concerning a sexual assault on a minor girl, referred to as ‘V’, which occurred in 1986. The initial conviction by the Sessions Court in 1987 was overturned by the High Court in 2013, leading the State to appeal. The Supreme Court found that the High Court had not properly assessed the evidence, particularly the testimonies of key witnesses, including the victim and the medical expert. The Court emphasized the importance of protecting child victims and the need for careful evaluation of their testimonies. Ultimately, the Supreme Court restored the original conviction, stating that the evidence presented was sufficient to establish the guilt of the accused, Chatra, and directed him to serve the sentence originally imposed.
Unlawful assembly: If a large number of persons were present it may be safe to convict only those persons against whom an overt act is proved
The Hon’ble Supreme Court addressed appeals against a High Court decision that partially reversed a trial court’s acquittal in a rioting case [Crl. A. Nos.816/2016 & 817/2016]. While the High Court upheld the acquittal of some accused, it convicted others based on their presence at the scene and being named in the FIR.The Supreme Court overturned this, emphasizing that mere presence, especially without evidence of specific destructive actions or carrying instruments of destruction, is insufficient to prove membership in an unlawful assembly during a riot where a large crowd was present. The Court restored the trial court’s acquittal, protecting innocent bystanders from being wrongly convicted.
Since co-accused has used blunt side of the axe his intention was not to kill the deceased
The case involves appealing against the State of Maharashtra. The appeal challenged the Hon’ble High Court’s dismissal of the appellant’s prior appeal, which affirmed his conviction under Section 302 and Section 324 of the Indian Penal Code for murder and assault, respectively. The Hon’ble Supreme Court ultimately converted the conviction to Section 304 (Part I) of the IPC, partially allowing the appeal and ordering the appellant’s release after he had already served 6 years and 10 months of his sentence.
First judgment explaining Provision & Procedure to do Preliminary Enquiry under BNSS with example: Supreme Court Quashes FIR Against Poet Imran Pratapgadhi
In this judgment the Hon’ble Supreme Court addressed, a Rajya Sabha member, who faced allegations under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) for posting a video containing a poem that purportedly incited communal disharmony. The Court emphasized the fundamental right to freedom of speech under Article 19(1)(a) of the Constitution, asserting that the poem, upon examination, did not promote enmity or affect national integration, but rather conveyed a message of love and non-violence in the face of injustice. The Court found that the registration of the FIR was unwarranted and constituted an abuse of legal process, ultimately quashing the FIR and allowing the appeal.
