Appreciation of evidence: It is only after the prosecution discharges its initial burden beyond all reasonable doubt the false explanation or non-explanation could be taken into consideration
Challenge – FIR registered against unknown persons – Case of the prosecution and conclusion of trial court and appellate court – Case rests in circumstantial evidence – Guiding principles: ‘Must be proved’ and not ‘May be proved’ – Guiding principles: Suspicion cannot take place of proof – Recovery of articles at the instances of accused and his absence of giving explanation to the same – Motive and murder as per the confession of the appellant – Dead body was found much prior to the confession – FSL report does not show that the blood group of the dagger was that of deceased – Recovery from open place accessible to all – It is only after the prosecution discharges its initial burden beyond all reasonable doubt the false explanation or non-explanation could be taken into consideration.
Section 167 crpc: Accused cannot claim default bail on the ground that the further investigation against other accused is pending
Head note: Challenge – Facts – Arrest & custody – Application filed under section 167(2) crpc on the ground chargesheet was incomplete – Special court by a separate order took cognizance on the offence – Thereafter Special court granted bail under section 167(2) crpc – Hon’ble High Court dismissed the petition filed by the appellant (CBI) – Analysis – Two different standpoints of the Special court on deciding default bail – CBI having kept the investigation pending for other accused is to be considered the present chargesheet as incomplete – Final report is complete if it is accompanied with all the documents section 173(5) crpc – Further investigation pending against other accused and non-production of documents while filing charge sheet would not vitiate the chargesheet – Accused cannot claim default bail on the ground that the investigation against other accused is pending.
Section 482 CrPC: Only High Court has the power to direct to run sentences in two different cases concurrently
Head note: On the petition filed under section 482 crpc, the Hon’ble Madras High court has directed to run two sentences in two different cases concurrently. Hon’ble Madras High court has directed based on the previous judgment of the Madras High court Selvakumar Vs. The Inspector of Police, Seidhunganallur Police Station reported in 2018-2-LW(Crl)773.
Section 27: Recovery not admissible: Recovery is from open space after one month no independent witnesses examined though available
Section 27: Recovery not admissible: Recovery is from open space after one month no independent witnesses examined though available
Challenge – Case and trial – Apex court’s view – Case is not based on circumstantial evidence but eye-witnesses not supported the prosecution – Analysis of recovery – Place of pistol found not proved as per the deposition of witness – Recovery is suspicious: recovery is from open space after one month and no independent witnesses examined though available – Police recovered the dead body (5.1.2004) long before the accused identified the place (9.1.02004) hence statement under section 27 Indian evidence is not admissible – Recovery at the instance of the accused is not reliable.
Section 306 IPC: Prosecution failed to prove that the attack of the accused instigated the deceased to consume poison and commit suicide
Head note: Appeal & Prayer – Trial & Acquittal – Victim is the appellant – Case of the prosecution – Trial court judgment – Appellant Side contention – Respondent Side contention – Analysis by the High court – Application of law – Application of law in the present case: Attack made by the accused did not instigate the deceased – Law regarding setting aside the acquittal – Conclusion: Appeal dismissed.
Plea of Insanity: Hon’ble Madras high court division bench acquitted the accused based on the exception under section 84 IPC being proved
Challenge & Prayer – Facts – Appellant is a mentally deranged person affected with paranoid schizophrenia and set the deceased on fire – Death of deceased at hospital – Trial & conviction – Evidence substantiates the appellant was affected with paranoid schizophrenia – Analysis of Hon’ble Madras High court – Offence proved so also the mental disorder of the accused – Condition of the accused prior to the incident – Medical report of the Appellant shows that the psychiatric illness continues even after the conviction and in prison – Hon’ble Supreme court’s judgment and application of the same in the present fact – Hon’ble Madras High court division bench has given benefit of section 84 IPC to the appellant – Further direction for the treatment of the appellant.
Quash: Cheating: In order to constitute an offence of cheating, the intention to cheat must be available from the inception
Head note: In the instant case, admittedly the petitioner had only repaid a part of the amount and the balance is yet to be repaid by the petitioner. This act on the part of the petitioner, at the best, can only constitute a breach of contract and it will not constitute an offence of cheating.
N.I Act appeal: Deposit of 20% is not an absolute rule may be reduced or even exempted
Prayer – Present challenge – Main ground – Deposit of 20% is not an absolute rule – Conclusion – Hon’ble High Court’s direction to the District Judiciary.
Juvenile Justice act: Issue of Juvenility can be claimed even before the Hon’ble Supreme court
Head note: Challenge – Issue of juvenility raised before the Hon’ble Supreme court – Report of Additional Sessions judge confirmed juvenility – As per the Juvenile Justice Act, 1986 maximum action was to send her to a special home – Incarceration of eight years set aside.
Cost: Hon’ble Supreme court imposed cost on the husband to file cheating case on his wife
Head note: Magistrate is not compelled to take cognizance on supplementary final report in the absence of any new evidence found to substantiate the conclusion of I.O – Challenge – Facts – First Information Report – Case filed against the appellant – Quash dismissed – Issues for consideration – Analysis – The offence of cheating under Section 420 IPC – Apply the principle in the present fact – Not every unlawful act automatically qualifies as ‘deceitful’ – Forging signature in the passport does not relinquish any property or valuable security – What is passport and what it facilitates? – Cheating not established – The offence of forgery under Sections 468 and 471 IPC – Ingredients to prove forgery – Questions overlooked by the lower courts – Supplementary chargesheet filed in compliance of magistrate’s order – Magistrate is not compelled to take cognizance on supplementary final report in the absence of any new evidence found to substantiate the conclusion of I.O – Matrimonial disputes do not attract Chapter XVII and XVIII – Forgery of signatures was not proved by FSL – In the context of Section 12(b) of the Passports Act, 1967 – Conduct of the respondent.2 adversely affects the minor child – Conclusion and directions.
Madras High court direction for rama nama bhajans
Head note: Hon’ble Madras High Court directed to do Bhajans uttering rama nama and annadhanams in responsible and pious manner today without any law and order problem.
Cr.P.C., 1973. Notes no.9: Second FIR, General propositions as to FIR, appreciation & Evidentiary value of first information report (Chapter XII – Part.3, 4, 5 & 6)
This part no.9 will give a clear picture about second fir and general proposition as to fir. With this reading it will be easy to learn and have ideas about the “FIR registration procedures” – These notes will be helpful for writing examination (judicial) and academic purposes.
Recall on DYING DECLARATION laws Jan’2024
Case laws regarding Dying declaration – exclusive.
Discharge: Expert witness examined by the complainant has stated that the death was natural.
Head note: Apex Court – Present appeal has been preferred by the accused against the order of High court setting aside the order of the Sessions court discharging the accused under section 227 crpc. Initially FIR was registered against the accused and after the investigation a drop report (final report) was filed. Based on negative report the respondent’s father instead of filing protest petition has filed a complaint under section 200 cr.p.c. The Judicial Magistrate after examining the witnesses under section 200 crpc has dismissed the complaint under section 203 crpc which was set aside by the High court. After the committal, accused has filed an application for discharge and properly discharged by the sessions judge under section 227 crpc which was challenged by the complainant before the High court and the Hon’ble High court set aside the discharge order and hence the present SLP was preferred by the accused. Hon’ble Supreme court after hearing the parties has held that the expert witness examined by the respondent stated (proceeding before magistrate on complaint) that the death was natural further even according to the complainant there was an enmity between him and the accused and finally set aside the order of the High court and restored the discharge order. Accused discharged from the case.
Second or successive bail application: Mentioning the details of previous bail application is compulsory to avoid contempt
Head note: Apex court – successive Bail application – Supreme court’s earlier judgments on filing fabricated document by the litigant to obtain favour order – Prayer in the SLP is for grant of bail in pending trail – Hon’ble High Court granted bail for the appellant pending the present SLP – Original release order of second bail application received by the Supreme Court – State informed that the state has no knowledge of first bail application and pending SLP – State informed that the Inspector incharge did not give any instructions regarding pendency of present SLP – Hon’ble High court reported that the appellant did not mentioned about the present SLP – Direction of mandatory mentioning of previous bail application details – Mention the time period of bail application – Apex court left open to the trial court to cancel the bail.
Anticipatory bail: Civil claims being settled by pressurising through criminal prosecution discouraged
Head note: No prima facie for cheating found and differentiated mere breach of contract and cheating – Further Anticipator Bail granted.
Not Rape: Though the marriage was solemnized by force the relationship between them was only after the marriage as such section 376 IPC does not emanate against the husband
Head note: Challenge – Facts – The appellant and complainant were in relationship against their parents wish – Father of the girl filed Habeas Corpus writ petition – Hon’ble High court’s order based on its interaction with the girl – After a considerable time complainant (girl) separated from appellant and register the FIR against him – Analysis – Complainant (girl) stated before the Hon’ble High Court single judge as if she was forced to marry the appellant – Section 376 IPC does not make out – Complainant filed affidavit stating that she obtained divorce.
Sanction: Manufacturing or fabrication of public documents and records cannot be a part of the official duty of a public servant hence sanction not required
Head note: Challenge – Facts – Quash preferred – Quash dismissed by the Hon’ble High Court – Charge sheet filed against the accused – Respondent/accused again approached High court and set aside the charge sheet and other order – Question involved: Whether sanction required to prosecute respondent no.2? – Section 197 Cr.P.C – Sanction explained – a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant – Parties.
POCSO: Accused did not rebut the evidence against evidence of victim
Appeal – Appellant side submission – State submission – Hon’ble Supreme Court principles followed – Subsequent insertion in the complaint was not cross-examined – How to appreciate child witness? – Victim girl clearly identified the appellant – Prosecution proved the offence – Accused did not rebut the evidence.
POCSO: Since section 29 of the Act necessitates the accused to rebut the case it is just to recall the witness for cross examination
POCSO Act and Prohibition of Child Marriage Act – re cross examination on victim – victim attained majority does not come under the definition of child.
A timeless guidance of Hon’ble Madras High Court for young generation to stay away from pornography
Prayer – Facts – Petitioner’s mobile phone contains two files contain child videography content where two teen boys involved in sexual activity with an adult woman – Direct enquiry of Hon’ble High Judge with the petitioner – Admission of petitioner about his habit of watching porn – Verifying Case diary – Section 14(1) POCSO analysis – Section 67-B of Information Technology Act analysis – Section 292 IPC – No offence committed by the petitioner – Petition quashed.
Cr.P.C., 1973. Notes no.8: Procedure for registration (Chapter XII – Part.2)
This part no.8 will give a clear picture about procedure for registering First Information Report. With this reading it will be easy to learn and have ideas about the “FIR registration procedures” – These notes will be helpful for writing examination (judicial) and academic purposes.
Basics of Criminal Law – Part.3 – Criminal Jurisprudence
Learn what is meant by criminal jurisprudence – Criminal jurisprudence is the main part in shaping the criminal justice system. Learn how criminal law, punitive laws, and common law traditions inform the criminal justice system.
Quash: Courts must be vigilant on identifying false complaints
Appeal – Facts – Findings – Complaint signatory’s parentage and address was not mentioned in the complaint – Summoning order does not show application of mind and no reasons assigned – Complainant concealed material facts – New story of forging documents built up in complaint – Case is between simple transaction of loan between corporates.
BASICS OF CRIMINAL LAW – Part.2 – Elements of crime
BASICS OF CRIMINAL LAW – Part.2 – Elements of crime. Elements of Crime – Study.1 & 2.
BASICS OF CRIMINAL LAW – part.1
This series of articles will give a general idea of criminal law and its basic understanding. This series will be useful for Law students and students who are preparing for exams. The essays in this series have been designed, developed and being written by group of experts for easy understanding.
BILKIS BANO CASE
Head note:
Incident is the aftermath of the Godhra burning train incident – The brutal offence – Gang raping the pregnant women petitioner and murdering 11 persons including two days old infant – Appeal: Bilkis/victim approached Apex court against the remission granted by the Gujarat State Government against accused 3 to 13 – Factual background – Fir, closure report and protest petition – Case transferred to CBI and CBI after investigation filed charge sheet against 20 persons – Case transferred from Gujarat to Maharashtra (Mumbai) – Trial court convicted 11 accused and one police officer for recording incorrect fir – Bombay High Court ordered the prisoner to be transferred to the prison of his state – Hon’ble Bombay High Court confirmed the conviction of 11 accused and further convicted the person who were acquitted by the trial court – Special Leave Petition preferred by all the accused were dismissed and upheld the findings of the Hon’ble High Court – One of the accused has preferred application for premature release before the Gujarat High Court which got dismissed stating he has seek remedy before Hon’ble Bombay High Corut – Remission – Jail advisory committee of State of Gujarat recommended grant of remission to all the accused – Sessions judge Godhra gave affirmative opinion regarding premature release of accused – Government of India conveyed approval for premature release of all convicts – State of Gujarat issued order of remission dated: 10.08.2022 – Present writ petition was filed against the order dated: 10.08.2022 – Arguments on behalf of the petitioner – Though the crime was committed in Gujarat but the trial was conducted in Maharashtra – Appropriate government is Maharashtra and not Gujarat – Remission orders did not meet the criteria laid down by Apex Court – Convict cannot claim remission as a matter of right – Grant of remission shall not be arbitrary – Prerogative power of remission is not immune from judicial review – Detailed submission of petitioners – Finally petitioners sought quashing of the order of State Government of Gujarat – Arguments of the accused – Accused argued that the current bench cannot circumvent the orders of the earlier bench of the Hon’ble Supreme Court dated: 13.05.2022 – Detailed submissions on behalf of accused – Points for consideration – Analysing point no.1 – Filing petition under Article 32 of the constitution is also a fundamental right – Earlier occasion Hon’ble Supreme court’s order was understood by the State Government of Gujarat as a direction or command to grant remission – Point no.2 left open for appropriate case – Regarding Remission: Scope & Ambit – Powers under Articles 72 and 161 are absolute and cannot be fettered by any statutory provision – Convicts have no constitutional right for obtaining remission – A circular or letter by State Government is not an order for remission – Section 432 Cr.P.C – Analysis – Appropriate government defined – Section 433-A Cr.P.C – Point no.3 – Who is appropriate government? – Earlier order obtained by misleading – Earlier order obtained by fraud is non-est in the eye of law – Fraud vitiates everything – State of Gujarat has no jurisdiction to entertain the applications for remission – Since the State Government of Gujarat is not appropriate government the proceedings of jail advisory committee has no value – Summary of Conclusions.
Cr.P.C., 1973. Notes no.7: Information to the police and their powers to investigate (Chapter XII – Part.1)
This part no.7 will give a clear picture about how to give Information to the police and further police’s powers to investigate the same. With this reading it will be easy to learn and have ideas about the “Investigation” – These notes will be helpful for writing examination (judicial) and academic purposes.
Section 319 Cr.P.C: Petition allowed on facts
Appeal – Petition filed under section 319 cr.p.c – Petition dismissed by Trial court and allowed by High court – Apex court stated that witnesses statements recorded under section 161 cr.p.c is in line with their previous statements.
Head note: Appeal – Information regarding death – Surrender of accused – Case against juvenile separated – High court did not discuss evidence of PW.10 – Case is based on circumstantial evidence – Extra-Judicial confession unbelievable – PW.11 unreliable witness – No evidence as to the manner in which the witness recorded the registration number – Report the incident two days later – Weapon seen by eye-witnesses is stick doctor reported sharp-edged weapon – Witnesses seen IO recovered blue terikot pant FSL report states jeans pant – Circumstances do not establish guilt – Appeal allowed.
Disbelieving dying declaration: Both dying declarations were said to have given to the interested witnesses and not properly proved
Head note: Appeal against conviction – Hon’ble High court confirmed conviction Incident – Dying declarations of deceased – First dying declaration is to his brother – Second dying declaration is to his mother – Eye-witness (PW-13) testimony of the incident – PW-13 is an interested witness with criminal background – SOC cannot be visible from the hotel where the witness have seen the occurrence – Analysing Dying Declaration – There is no evidence in record to prove the deceased was alive and in position to speak to his brother and mother.
Must have judgment for defense counsels: Prosecution cannot prove a fact during trial through witness which was not stated to the police during investigation
Appeal – Case of the Prosecution – Trial court conclusion – Analysis and findings – Case is based on circumstantial evidence – Illicit relationship is the key motive for murder – Circumstance and opportunity – Inmates of the house must explain – Initial burden to prove circumstantial evidence is lesser than other cases – Appellant failed to offer proper and believable explanation – PW-3 saw the dead body along with the appellant – PW-3 omitted to state materials facts in her 161 Cr.P.C statement (appellant cross) – In cross-examination it was elicited PW.3 witnessed both the accused putting poison (Rani kaur cross) – PW-4 witnessed the dead body along with the accused – PW-4 omission and defence suggestion – PW-5 witnessed accused escaped in the jeep – PW-5 omission and further facts elicited in cross-examination – Analysing the circumstance – Prosecution cannot prove a fact during trial through witness which was not stated to the police during investigation – How to appreciate illiterate/rustic witness? – How to appreciate minor contradiction? – Defence believed – 313 Cr.P.C statement is not evidence – Appreciation of s.313 cr.p.c statement – Evidence of PW-5 loose its strength since presence of Rani kaur is doubtful in the house – If any circumstance would be explained with hypothesis, then benefit to be given to the accused.
Procedure: Magistrates shall not return the final reports
Head note: Madras High Court – Sec. 482 petition – To conduct investigation and file final report – Madras High Court order on returning final reports – Direction
Sec. 482 petition – To conduct investigation and file final report.
A must have judgment: How to appreciate Confession & circumstantial evidence?
Appeal – Witnesses turned hostile – Recovery – DNA test – Fact discovered must lead to physical object and only that information can be proved – Recovery proves the factum of object found and the knowledge of the accused to its existence – except recovery rest of the information is to be excluded – Hypotheses presumption as to the accused’s knowledge of the hidden object – Custody includes restriction, restraint and surveillance by the police – Section 25 applies equally whether or not the person was in custody – Confession means not only the admission of offence but all other admissions of incriminating facts related to the offence – Word of mouth information to the police if used against the person giving then it deemed to have submitted himself to custody – Presumption as to how the accused knew the place of concealed dead body – Section 106 Evidence act does not dilute the burden on prosecution – Section 8 Evidence Act – When false defence taken by the accused may use as additional link by the court? – Principles regarding circumstantial evidence – What is circumstantial evidence and appreciation of the same – Conviction confirmed
Imposed Cost: There is no infirmity in cancelling the suspension of sentence since the order of the High court was not obeyed
Head note: Hon’ble Supreme Court – Quote of the court – Suspension of sentence cancelled – Appeal – Amount involved – Since order of the High court not obeyed, no infirmity in cancellation of suspension of sentence – Appeal dismissed with cost of rupees five lakh payable to respondent.
Voluntarily causing Grievous hurt: Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc
Head note: Apex court: Appeal – Facts – Chargesheet does not contain necessary ingredients for the offence informed – High court must have exercised power under section 482 cr.p.c against the bald accusation – Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc – Section 384 ipc ingredients not found in the charge sheet – Section 406 ipc ingredients not found in the charge sheet – Case quashed. Appeal allowed.
False promise to marry: Marrying without witness does not imply a fraudulent marriage and having sex thereafter was the consensual one.
Head note: Apex Court – Factual aspects – Marrying without witness and having sex does not imply a fraudulent marriage – certificate of marriage though without witness is enough to prove a marriage.
Cr.P.C., 1973. Notes no.6: General Introduction to Inquiries and Trials – Part.4 (Criminal courts powers & administration)
This part no.6 will give a clear picture about criminal courts powers & administration during the inquiries and trials – With this reading it will be easy to learn and have ideas about the “General introduction as to Inquiries and Trials” – Further this note will be helpful for writing examination (judicial) and academic purposes.
Cr.P.C., 1973. Notes no.5: General Provisions as to Inquiries and Trials – Part.3 (Duties of parties)
This part no.5 will give a clear picture about what shall be the duty of the parties (including police) during the inquiries and trials – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials” – Further this note will be helpful for writing examination (judicial) and academic purposes.
Cr.P.C., 1973. Notes no.4: General Provisions as to Inquiries and Trials – Part.2 (Duty of judge)
This part no.4 will gives a clear picture of duty of the trial Judge conducting the inquiries and trials e.t.c – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials”.
Cr.P.C., 1973. Notes no.3: General Provisions as to Inquiries and Trials – Part.1
This part will gives a clear pictures of inquiry, trial, diaries used in the inquiries and trials e.t.c – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials”.
Cr.P.C., 1973. Notes no.2: A General Introduction (with powers of police)
Cr.P.C., 1973. Notes no.2: This notes is useful for both academic and judicial examination purposes.
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