In this case, SLP against order of High Court after earlier SLP against same order was withdrawn without any liberty to file a fresh SLP, but with liberty to pursue remedy of review before the High Court. Second SLP was filed challenging dismissal of review as well as dismissal of appeal in High Court. Question […]
Constitution of India — Art. 136 — Maintainability on SLP Read More »
In this case, held, conviction of all the eight accused persons based on evidence of the sole related eyewitness, held, justified, particularly when there is no vagueness in his testimony with respect to the role ascribed to each one of the accused. Further, A witness being a close relative is not a ground enough to
Penal Code, 1860 — S. 302 r/w Ss. 149, 143, 147 and 504 — Sole related eyewitness Read More »
Principles clarified re cases in which money allegedly misappropriated should be directed to be deposited before the application for anticipatory bail/bail is taken up for final consideration, or as a condition for grant of anticipatory bail/bail. Case Comment: Inclusion of a condition for payment of money by the applicant for bail tends to create an
Review petition re death sentence can be reheard even on procedural objections, including the mode and method of evidentiary proof, as the matter pertains to death sentence. “Normally in a criminal proceeding, review applications cannot be entertained except on the ground of error apparent on the face of the record. Further, the power given to
The aforesaid provision is founded on the maxim, actus non reum facit nisi mens sit rea, i.e., an act does not constitute guilt unless done with a guilty intention. It is a fundamental principle of criminal law that there has to be an element of mens rea in forming guilt with intention. A person of
Penal Code, 1860 — S. 84 — Unsoundness of mind Read More »
Evidence of child witness cannot be rejected merely because of her age being 12 yrs, but being a child witness, her evidence needs a very careful evaluation with greater circumspection considering the fact that a child witness can always be easily tutored. In the instant case, the manner in which the minor witness identified the
something which is very apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. The Appellate Court should not reappreciate the evidence at the stage of Section 389 of the CrPC and try to pick
Ingredients of offences under Ss. 364 and 364-A and distinction between them, clarified. Section 364. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, Section 364A further adds to
A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. noting that the present dispute is entirely with respect to property and more particularly buying and selling thereof a perusal of the record in no uncertain terms reflects the dispute as being of a civil nature. Further, merely the allegation of
In this case, the High Court found one link in chain of circumstances to be missing and not proved. In a case of circumstantial evidence, the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime. The law is
Penal Code, 1860 — S. 302 — Circumstantial evidence in Murder trial — Read More »
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