Secondary evidence: Document that are not properly stamped cannot be secondary evidence
A copy of a document can be adduced as secondary evidence if other legal requirements are met.
Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial deposition
Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial deposition
Habeas corpus: Unexplained delay in disposing the representation made by the detenu is sufficient to set aside the order of detention
Head note: Prayer – representation – judgments concerning delay in considering representation – quashed based on delay
Murder case: Based on injuries in the evidence it is doubtful that deceased would have met the witnesses
Head note: Hon’ble Supreme Court – Murder case – Appreciation relating to dying declaration – As per evidence the deceased would have survived only for a short duration after he received the injuries – Acquitted.
Dying declaration: Witness who recorded the dying declaration must state in his chief-examination that the doctor examined the deceased before giving fitness certificate
Appeal – Prosecution case – Dying declaration to ASI – Evidence of doctor about dying declaration to him firstly – Nothing on record to show why the doctor would lie before the court – Prosecution Witness did not state in his chief-examination that the doctor examined the deceased before giving the fitness certificate – Doctor who gave fitness certificate was not examined by the prosecution – Hon’ble Supreme court doubted entire prosecution witnesses
Dowry death: Absence of any positive viscera report is not fatal to the prosecution
Appeal – Case of the prosecution – Conclusion of trial court and high court – Analysis – Trial court placed reliance on Modi text book – Post-mortem doctor deposes about pungent smell was found in the stomach – Viscera was received by fsl after five months – Detailed research on viscera and its report – Absence of detection of poison in viscera report is not conclusive proof – Preserved materials should be sent to the concerned FSL through the concerned police station as soon as possible.
Guidelines: If surrender of proof not provided then the registry may call for report from the trial judge
Head notes: Apex Court – Application for exemption from surrender is rejected – Communication of surrender of accused should be communicated to the judge – If counsel does not appear in criminal case the court should appoint an amicus – Prisoners are very often unable to communicate to the outside world – Prison authorities are obliged to communicate the surrender of convict to the court – Liberty to the relatives to prefer appeal under section 394 Cr.P.C – Guidelines given if surrender proof is not filed – Jail authorities are required to upload the surrender and custody particulars in web portal
Default bail: Failure to produce the accused for extension of time for investigation and custody is in violation of Article 21
Head note: Extension of custody u/s 167 Cr.P.C: Since accused has the right to oppose the prayer for the extension of the remand, it is necessary to produce the accused physically or through virtual – General principles governing default bail – The effect of the failure of the respondents to produce the appellants before the special Court at the time of consideration of the Extension application – Presence of accused is necessary to extend the custody – Failure to produce the accused for extension of time for investigation and custody is in violation of Article 21.
Weekly digest of December’2023 [12 to 18]
Weekly digest of December’2023 [12 to 18]
Bail: Court can contemplate statements recorded under sections 161 and 164 Cr.P.C while deciding bail for the purpose of prima facie in grave offences
Head note: High court did not consider sections u/s 161 and 164 Cr.P.C for considering prima facie in grave offences – Bail cancelled
Leave granted.
PONMUDI MINISTER CASE: As per section 13(1)(e)P.C Act 1988, the person holding the properties on behalf of the public servant should also liable to explain the source
Head note: Appreciation of trial court judgment – Trial court conclusion on Accused-2 – Trial court has accepted the version of the defence and not P.W.33 – To disbelieve the state public works department valuation report there must be a better reasonable and intelligible opinion should be examined on the side of defence – Section 45 Indian Evidence Act – Section 24 of the Income Tax Act – Conclusion of High Court on 30% deduction is as to avoid income tax only – High court holds that opinion of P.W.33 regarding the property is reliable – Trial court omitted to add rs. 1,97,000/- which is miscarriage of justice – Trial court without any material accepted the income from agricultural land – Three crores difference in amount during check was claimed as income of A-2 – The falsehood in the self-serving statements of accused was not at all considered or tested by the trial court – V.Suresh Rajan case was rejected by the trial court wherein it was consistently held that income tax returns cannot be held as proof for the legal source of income.
Appeal: Section 378(4) Cr.P.C the dismissal of complaint shall file before District court and not before high court
Head note: Dismissal of complaint shall file before District court and not before high court
Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice, 2019
Head note: Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice, 2019
Sudden provocation: Not a premeditated murder or the appellant had the intention to commit the murder.
Headnote : Attacked by the owner for feeding puppies – succumbed to injuries – sentenced to life imprisonment by trial court – Modification of life sentence
Cross-Examination: Disallowing questions in cross-examination will prejudice the accused
Head note: Though appellate court has to re-appreciate the evidence but if contrary view is possible it cannot interfere with the order of acquittal – Cross-Examination: Disallowing questions in cross-examination will prejudice the accused
PMLA arrest: Written communication about the grounds of arrest reasonably within 24 hours of his arrest is sufficient compliance of both section 19(1) PMLA and Article 22(1) Constitution of India.
Head note: Written communication about the grounds of arrest reasonably within 24 hours of his arrest is sufficient compliance of both section 19(1) PMLA and Article 22(1) Constitution of India – Vijay Madanlal Choudhary and Others vs. Union of India and Others holds the field.
s. 138 Appeal against conviction: Proclaimed offender can recall the proclamation by paying the amount directed by court
Head note: Cheque case conviction – Appeal admitted with the direction to deposit 20% of the total cheque amount – Accused deposited rupees thirty lakh
Common intention [section 34 IPC]: Since appellant were together there was time available for meeting of minds
Head note: Section 34 IPC – vicarious liability – Example – Not in every case adverse inference can be taken for withholding the witness – Merely no attempt to save the deceased cannot be said unnatural conduct – Appellants were together hence there was time available for meeting of minds.
Section 389(1) Cr.P.C: Allowing a convicted parliamentarian to attend parliamentary proceedings – Majority view (two judges) suspended the conviction; Minority view (single judge) judgment is denied to stayed the conviction by upheld the H.C
Head note: As per majority views [Surya Kant J and Ujjal Bhuyan J] S. 389(1) Cr.P.C – stay of conviction where conviction, if allowed to operate would lead to irreparable damage and where the convict cannot be compensated in any monetary terms or otherwise, if he is acquitted later on, that by itself carves out an exceptional situation – As per minority view [Dipankar Datta J]: In the absence of a stay of conviction having been sought and an order to that effect having been passed, an order merely suspending execution of the order appealed against would be of no use in a matter of the present nature.
Murder case acquittal: Death of deceased as per fir is with knife but the postmortem suggests firing from close range
Head note: Apex Court – Consideration of findings of two courts – Sole-eye witness is not the actual eye-witness – Conduct of the father towards son being assaulted and kidnapped is not believable – Death of deceased as fir is with knife but the postmortem suggest firing from close range – Presence of eye-witness doubtful – Complainant is most interested witness having long enmity with the accused persons – Appeal dismissed – acquittal confirmed.
PMLA: It is not necessary bail should be granted because the accused is woman
Head note: Apex Court – Appreciation of bail – Bail may be denied if complaint gives prima facie case – Charge sheet could never be the final conclusion of PMLA offence – Rupees 1 lakh costs imposed for misrepresentation of facts
Multiple firs against single accused is directed to be tried by one court
Head note: Petitioner sought for consolidation the multiple firs – consolidation of firs to be tried in one court directed.
Murder case acquittal: Alcohol presence is in the body and chance of fell from a grown high tree
Head note: Presence of witnesses during the assault were not examined – Prosecution did not submit medical records to prove that the deceased was assaulted by a rubber stick – Since presence of alcohol is in the body and there is every chance of fell from a grown high tree – Mere absconding cannot establish guilt or guilty
Quash: Alleged substance is not only drug so also food under the Food and safety act
Head note: Alleged substance is not only drug so also food under the Food and safety act – Respondent did not prove that the alleged substance is only drug and not food – Fours years delay of initial investigation and filing the complaint.
Weekly case laws digest – December’2023 07 to 12
Weekly digest December 2023 07 – 12
Section 362 Cr.P.C: section 362 Cr.P.C would not prohibit the court to modify the bail order
Head note: Apex Court – Thus, an order rejecting prayer for bail does not disempower the Court from considering such plea afresh if there is any alteration of the circumstances. Conditions of bail could also be varied if a case is made out for such variation based on that factor. Prohibition contemplated in Section 362 of the Code would not apply in such cases.
N.I Act: S.143A (interim compensation during trial) cannot be ordered before accused ‘plead guilty’
Head note: Apex Court has held that the order directing the accused to pay the interim compensation shall be ordered only after the accused plead guilty and not before that even after his appearance on his summons.
Recall witness: Petitioner did not file defer petition nor assigned any reasons in the petition.
Head note: Madras High Court – deprecating the practice of filing already printed form for section 311 Cr.P.C for recall of petition – also, petitioner did not file defer petition – Petition dismissed.
Bio-Medical Waste Rules: Transporting untreated Bio-Medical waste stored more than 48 hours should be stopped with iron hand.
Head note: Madras High Court – Transporting untreated Bio-Medical waste stored more than 48 hours should be stopped with iron hand – Trial judge without considered all the aspects and erroneously passed the impugned order to release the vehicle.
Murder case acquittal: Strangulation established but failed to connect the accused with the crime
Madras High Court after thorough analysis of the trial court judgment has converted the Life sentence (conviction) into acquittal – Death by strangulation established by the prosecution but failed to connect the accused and the crime – Though the Hon’ble Division Bench has set aside the conviction, sustained the compensation awarded to the deceased’s daughter.
Criminal Appeal
Section 451 Cr.P.C: Trial court ought to have returned the jewels and cash to the custodian of the properties who was entrusted with the same and lost it.
Head note: Madras High Court – In the case on hand the petitioner is the custodian of the jewels and cash whose owners are different persons and entrusted the same with the petitioner – When the petitioner carry the same accused persons have abducted the petitioner and robbed the properties – FIR registered – accused were arrested with all the jewels and cash – When the petitioner filed petition for disposal/return of property to him u/s 451 Cr.P.C, trial court dismissed the petition – Madras High court set aside the order with conditions.
Prevention of Corruption: Once the undue advantage is proved court is entitled to raise the presumption under this act
Head note: Apex Court – P.C Act – section 20 presumption – accused did not rebut the case by taking correct defence – defence did not tally with the complainant’s statement recorded u/s 164 Cr.P.C.
QUASH: How to find out and appreciate the fir being registered with ulterior motive?
Head note: (1) Once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings – The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence.
(2) Threatening a person to give false evidence – Happened before a Court of Law – Section 195A Indian Penal Code, 1860 – Threatening a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the IPC.
(3) Extortion – Forcibly taking property does not constitute extortion.
(4) Procedure to be followed where witnesses being threatened – Section 2(d) and 195 Code of Criminal Procedure 1973, – Witness threatened can file a complaint inasmuch as offence is cognizable, police has the power to investigate.
Magistrate has no power to direct the investigating authority to file additional charge sheet
Head note: Accused has no locus standi during investigation and he cannot insist for hearing before process issued to him – Magistrate exceeded jurisdiction by directing the i.o to file additional charge sheet.
SECTION 498A IPC: Unless there is threatening to marital life no other materials are sufficient to implicate a person for cruelty.
Head note: One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC.
As per Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, a person is entitled to possess 4.5 litres of Indian made foreign spirits
Head note: Hon’ble Madras High Court – Justice Nirmal Kumar J – Return of Property – Alcohol – TN Prohibition Act – Petitioner was found in possession of Copper – Brandy bottles each containing 180 ml of brandy in total 720 ml of brandy – As per TN Liquor (Possession for Personal consumption) Rules, 1996, a person is entitled to possess 405 litres of Indian made foreign spirits – Hence, the case against the petitioner itself questionable one – Hon’ble Directed to release the vehicle.
December‘2023 Weekly Case Law Report 1 – 07
Section1.in case laws weekly report (weekly digest) – December’2023 (01 to 07)
Sudden provocation: Overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC
Head note: Apex Court – Moreover, the clear intent needed to prove culpable homicide amounting to murder has also not been established by the prosecution – Overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC
WRONG: A wrongful contract may constitute both civil wrong and criminal offence
Head note: Apex Court – High Court after a detailed examination and evaluation quashed the criminal case – Supreme Court is of the opinion that the said examination and evaluation should not have been done by the High Court – Finally set aside the quash order and directs the Investigation Officer to keep in mind all the rulings regarding 420 and other relevant sections during investigation.
CONCURRENT SENTENCING: MADRAS HIGH COURT DIRECTS TO RUN SENTENCES IN TWO DIFFERENT CASES CONCURRENTLY.
Head note: The Hon’ble Madras High Court has directed to run sentences in two separate or different cases concurrently.
QUASH: SC/ST AND SECTION 307 IPC CASE SET UP BY THE PROSECUTION DOES NOT REVEAL THE OFFENCES.
Head note: Apex Court – Discharge petition u/s 227 Cr.P.C has been filed by the accused for section 14A(1) SC/ST Act – IPC offences were also added in the FIR – Apex court after perusing the records has held that there is no offence traceable for SC/ST or offence for ten years under IPC – Hence, SC/ST charge quashed and other offences are not quashed..
SECTION 306 IPC: THE ACT OF INSTIGATION MUST BE OF SUCH INTENSITY TO DRIVE DECEASED TO COMMIT SUICIDE
Head note: Apex Court – DECEASED COMMITTED SUICIDE DUE TO THE ISSUE OF NON-REPAYMENT OF MONEY – THE ACT OF INSTIGATION MUST BE OF SUCH INTENSITY THAT IT IS INTENDED TO PUSH THE DECEASED TO SUCH A POSITION UNDER WHICH HE OR SHE HAS NO CHOICE BUT TO COMMIT SUICIDE.
SECTION 34 IPC: TO ATTRACT COMMON INTENTION CO-ACCUSED NEED NOT HAVE ENGAGED IN DISCUSSION OR AGREEMENT FOR CONSIPIRACY
Head note: Apex Court – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence – common intention is a psychological fact and it can be formed a minute before the actual happening of the incidence or as stated earlier even during the occurrence of the incidence.
SECTION 304 PART II IPC: THOUGH CAUSE OF DEATH IS DUE TO INJURIES NO INTENTION FOUND.
Head note: Hon’ble Supreme Court – From the records Hon’ble Supreme Court has found 9 injuries – Injuries may be happened by blunt side of the weapon – From the records no intention to cause death found – Hence, conviction modified from section 304 part 1 into section 304 part 2.
Monthly Digest November’2023
Case Law Monthly Digest – November 2023. Total November month judgments reported in section1.in covered.
