Penal Code

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

“In the present case, we find neither the chain of circumstances to have been completely established nor the guilt of the accused alone, having committed the crime to be proven, much less beyond reasonable doubt. This Court has stated essential conditions that must be fulfilled before an accused can be convicted in a case revolving around

The heinous nature of crime like that of present one, in brutal rape and murder of a seven-year-old girl child, definitely discloses aggravating circumstances, particularly when the manner of its commission shows depravity and shocks the conscience. But at the same time, it is noticeable that the appellant has no criminal antecedents, comes from a

Mere failure to verify the documents, without any further evidence against officers of Selection Committee, whether enough to implicate them, determined. Appellants having relied on the documents placed on record without any verification, on the assumption that the documents being genuine and having recommended the case for appointment, held, there was insufficient evidence to proceed

Law summarized regarding death sentence, whether to be confirmed/imposed, or, not, upon application of “crime test”, “criminal test” and “rarest of the rare test”.  As regards the statutory requirements, as per sub section (2) of the section 235 CrPC, on being convicted and not being released on probation or after admonition in terms of section

Mere intoxication, held, not enough to attract S. 86. Son Murdered Father- a case of patricide albeit both the father and the son were drinking together. The effect of alcohol may have resulted in a quarrel inter se the father and the son. In this altercation, the appellant picked up a Nagar Wood and inflicted few injuries to his father,

In this case, around 6:30 p.m., Shri Iqbal Bahadur Saxena, Principal of the Chandra Shekhar Azad Inter-College, since deceased was sitting with his family physician and private practitioner Dr. Asghar Ali in the verandah outside his office, situated in the college campus. He sent his security guard Fazal Maseeh to fetch an empty bottle of

In this case, deceased was assaulted by three accused including appellant (A-2) who attacked deceased with wooden log on his head and pushed him down. The cause of death of the deceased was due to shock and haemorrhage on account of head injuries and due to subdural haematoma on the left frontal parietal region with

Solely on account of defects or shortcomings in investigation an accused is not entitled to get acquitted and, thus, lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission