Criminal Appeal - The Legal Chamber

Supreme Court Cuts Jail Time for Tiger Skin Smugglers :Punishment for Animal Parts Smugglers

24May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Cuts Jail Time for Tiger Skin Smugglers :Punishment for Animal Parts Smugglers

The Supreme Court upheld the conviction under Sections 49-B and 51 of the Wildlife Protection Act 1972 for illegal possession of tiger skins and animal parts, affirming the statutory presumption of guilt under Section 57. While noting investigation lapses, the Court reduced the sentence from 6 to 3 years' imprisonment considering the accused's youth and lack of direct poaching evidence, but imposed a Rs. 25,000 fine to deter wildlife crimes. The judgment balanced strict enforcement of wildlife laws with proportional sentencing. Facts Of The Case: The case stemmed from a CBI operation in March 2001 at a Nagpur petrol pump, where appellants Rajesh and Makbool Ahmed were caught with tiger skins, bones, claws, and antler horns in their car. Acting on a tip-off about illegal wildlife trade, t...

Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case

24May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case

The Supreme Court upheld the conviction under Section 304-B IPC (dowry death), affirming that the prosecution proved demand of dowry, cruelty, and unnatural death within seven years of marriage. The Court emphasized the presumption under Section 113-B of the Evidence Act, shifting the burden to the accused, who failed to rebut it. It clarified that contradictory defenses (accidental fall vs. suicide) weaken the accused's case, and consistent witness testimonies established dowry harassment. The judgment reinforced strict scrutiny of dowry-related deaths and dismissed the appeal, sustaining the 10-year rigorous imprisonment sentence. Facts Of The Case: The case involved the death of Punita (alias Gayatri), who married the accused-appellant Virender Pal on February 28, 2008. Within months ...

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

22May

By The Legal ChamberNo Comments

Supreme Court

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

The Supreme Court transferred the investigation of a custodial death case to the CBI, citing bias in the local police probe under "nemo judex in causa sua" (no one should judge their own cause). It emphasized witness protection for the sole eyewitness, Gangaram Pardhi, and directed expedited arrests and trial, reinforcing accountability in custodial violence cases under constitutional safeguards. The judgment underscored fair investigation as a facet of Article 21. Facts Of The Case: The case stemmed from the custodial death of Deva Pardhi, a young man arrested by Madhya Pradesh police on 13th July 2024 during his wedding rituals in connection with a theft case (FIR No. 232/2024). Witnesses, including his uncle Gangaram Pardhi, alleged brutal torture—beatings, hanging upside down, and ch...

“Supreme Court Rules on Food Adulteration Cases : Strict Punishment in Food Adulteration Cases

20May

By The Legal ChamberNo Comments

Supreme Court

“Supreme Court Rules on Food Adulteration Cases : Strict Punishment in Food Adulteration Cases

The Supreme Court ruled that Section 20AA of the Prevention of Food Adulteration Act (PoFA), 1954, bars probation for offenders convicted under the Act between 1976 and 2006, upholding strict sentencing to deter food adulteration. It also held that the Food Safety and Standards Act (FSSA), 2006’s repeal clause preserves penalties under PoFA, denying retrospective benefit of reduced sentences. However, citing discrepancies in evidence, the Court partially allowed the appeals by converting imprisonment into fines, balancing strict legal interpretation with equitable relief. The judgment reaffirms legislative intent to prioritize public health over reformative leniency in food safety violations. Facts Of The Case: The case involved two criminal appeals before the Supreme Court of India, ari...

Supreme Court Acquits Accused in Chhattisgarh Murder Case : “Eyewitness Failures Lead to Acquittal”

19May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Accused in Chhattisgarh Murder Case : “Eyewitness Failures Lead to Acquittal”

The Supreme Court acquitted the accused in a double murder case, ruling that the prosecution failed to prove guilt beyond reasonable doubt. The judgment emphasized that eyewitnesses must identify accused in court and link them to specific roles, noting material omissions and contradictions in testimonies. It reinforced Section 162 CrPC standards for reliable evidence, overturning concurrent convictions due to fatal investigative lapses. Facts Of The Case: The case involved a violent incident on March 24, 2001, in Masturi, Chhattisgarh, where nine accused armed with swords, lathis, and poleaxes allegedly attacked a medical shop, killing Manrakhan Singh and Narayan Singh and injuring five others, including family members of the deceased. The prosecution claimed the attack stemmed from a pr...

“Masterminds Can’t Claim Parity with Minor Accused”: Supreme Court Overrules Bail Order under 302 IPC

17May

By The Legal ChamberNo Comments

Supreme Court

“Masterminds Can’t Claim Parity with Minor Accused”: Supreme Court Overrules Bail Order under 302 IPC

The Supreme Court ruled that bail parity cannot be mechanically applied when material distinctions exist between accused persons. It held that alleged conspirators/masterminds of a serious crime (Section 302 IPC) cannot claim bail parity with minor co-accused, especially when evidence suggests their active role in hiring a contract killer. The Court emphasized that bail decisions must consider the gravity of allegations, evidentiary role of each accused, and potential witness intimidation, rather than granting parity as a blanket rule. The judgment clarified that "parity" under Section 439 CrPC requires comparable roles, not mere similarity of charges. Facts Of The Case: The case involves a brutal shooting during a marriage procession in Rajasthan on November 28, 2023. The prosecution al...

Supreme Court Clarifies Section 195 CrPC Doesn’t Protect Post-Proceeding Forgery”: Courts Records Safety

17May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies Section 195 CrPC Doesn’t Protect Post-Proceeding Forgery”: Courts Records Safety

The Supreme Court ruled that Section 195 CrPC does not bar prosecution for tampering with court records after proceedings conclude, as such acts no longer affect "proceedings in court" under Section 195(1)(b). It held that fabricating documents in record rooms post-withdrawal constitutes standalone offences under IPC, not requiring court-sanctioned complaints. The judgment clarified that Section 195 applies only when offences directly impact live judicial proceedings or documents in active court custody, distinguishing between administrative record-keeping and judicial administration of justice. The Court affirmed that FIRs remain valid for post-proceeding forgeries. Facts Of The Case: The case originated from a 2005 FIR lodged by the Registrar of Bharuch District Court against Parshotta...