Tag: Criminal Appeal

Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling
29Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling

The Supreme Court ruled that a school transfer certificate based solely on an oral declaration, without corroborating proof, is unreliable for determining juvenility. When such evidence conflicts with official documents like a family register, voter list, and medical opinion, the latter must be given precedence to prevent the abuse of benevolent legislation. Facts Of The Case: On August 31, 2011, the appellant's brother, Rajesh, was shot and killed. The First Information Report (FIR) was lodged against Liliu Singh and his son, Devi Singh (Respondent No. 2), under Sections 302 (murder) and 452 (house-trespass) of the Indian Penal Code. The incident allegedly occurred after Liliu Singh and Devi Singh forcibly entered the appellant's house and manhandled his wife. When Rajesh went to confro...
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Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Daughters-in-Law from Criminal Case Over Property Will

The Supreme Court quashed criminal proceedings under Sections 419, 420, 467, 468, and 471 IPC, ruling the allegations did not prima facie constitute the alleged offences. Relying on Bhajan Lal, it held that criminal process cannot be used to settle civil disputes, as it amounts to an abuse of the court's process. Facts Of The Case: A testator, Shri Ram Baksh Dubey, executed an unregistered will in 1993 bequeathing his property to his four daughters-in-law, apprehensive that his third son, Ashish Kumar, would squander the estate. After the testator’s death in 1994, Ashish Kumar sold his purported share to the complainant, Balram, via a registered sale deed. The daughters-in-law, unaware of this sale, successfully obtained a mutation order in their favor based on the will. When Balram inte...
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When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case
28Aug By The Legal ChamberNo Comments
Supreme Court

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...
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Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”

The Supreme Court held that the absence of a requirement for custodial interrogation is not, by itself, a sufficient ground to grant anticipatory bail. The court must primarily consider the prima facie case and the nature of the alleged offence. The High Court erred in conducting a mini-trial and rendering detailed findings on evidence at the anticipatory bail stage. Facts Of The Case: An IPS officer, holding the post of Additional Director General of Police in Andhra Pradesh, was accused of manipulating tenders and misappropriating public funds. The allegations involved two key transactions. First, an agreement for awareness camps on the SC/ST Act was signed on January 30, 2024, and the entire payment was approved on the very same day without any verification of the work done. Second, l...
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Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: “Right to Prefer an Appeal” Includes “Right to Prosecute it” for Victims

The Supreme Court held that the right to prefer an appeal under the proviso to Section 372 CrPC includes the right to prosecute it. Consequently, upon the death of the original appellant-victim, their legal heir is entitled to be substituted to continue the appeal. The definition of ‘victim’ under Section 2(wa) CrPC is broad and inclusive, enabling such substitution to ensure the right of access to justice is not defeated. Facts Of The Case: On December 9, 1992, an attack occurred in which Virendra Singh was killed, and informant Tara Chand (PW-1) and his son Khem Singh (PW-3) were injured. The Sessions Court convicted accused Ashok, Pramod, and Anil @ Neelu, sentencing them to life imprisonment, but acquitted six other accused. The convicted accused appealed to the High Court, which, vi...
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Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned

The Supreme Court held that an investigation is not automatically vitiated solely because the informant and investigator are the same. This procedural irregularity must be examined on a case-specific basis for bias. The Court overruled the contrary precedent in Mohan Lal and restored the matter for a merits-based hearing. Facts Of The Case: Based on the secret information received on September 20, 2009, police intercepted a truck. The respondent, Gurnam @ Gama, was found sitting on a stack of bags in the cargo area, while the other respondent, Jaswinder Singh, was driving the vehicle. Upon search, the authorities recovered a significant quantity of 750 kilograms of poppy husk along with two motorcycles. Consequently, FIR No. 221 of 2009 was registered under the relevant sections of the N...
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Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence: Daughter’s Testimony Convicts Father in Wife’s Murder

The Supreme Court upheld the conviction under Section 302 IPC, affirming the reliability of a child witness. It ruled that the accused's mere denial under Section 313 CrPC was insufficient to discharge his burden under Section 106 of the Evidence Act to explain the circumstances of his wife's death within their home. Facts Of The Case: The case involved the murder of Smt. Ranjana by her husband, the accused-appellant Manohar Keshavora Khandate, within their home in Amravati. The prosecution's case rested primarily on the eyewitness account of their nine-year-old daughter (PW-3). She testified that on the night of the incident, she was sleeping beside her mother when she was awakened by a commotion. She found her father sitting nearby her mother, whose body was covered with a chaddar. The...
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Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...
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Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Jail Overcrowding Can’t Be a Ground for Granting Bail in Heinous Crimes

The Supreme Court held that the High Court erred in granting bail without properly considering the absence of "new circumstances" as mandated by the Court's earlier judgment cancelling bail. The impugned order lacked cogent reasoning, relied on irrelevant factors like jail overcrowding, and failed to accord due deference to the Supreme Court's previous decision, warranting its quashing. Facts Of The Case: The case involves an appeal by the informant, Ajwar, against an order of the Allahabad High Court granting bail to the accused, Waseem. Waseem was charged under various sections of the IPC, including Section 302 (murder). His bail was initially granted by the High Court in 2022 but was cancelled by the Supreme Court. A subsequent grant of bail by the High Court was again cancelled by th...
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Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons

The Supreme Court quashed the FIR, ruling the allegations of forgery and cheating did not disclose the essential ingredients of Sections 420, 468, or 471 IPC. It held that continuing the prosecution, after prior exoneration by competent authorities without new evidence, constituted a clear abuse of the legal process. Facts Of The Case: In 2022, a private complaint was filed by Nagaraja M.G. alleging that badminton players Chirag Sen and Lakshya Sen, their parents, and their coach, Vimal Kumar, had conspired to falsify the players’ dates of birth to gain illegal entry into age-restricted tournaments. The complaint was based primarily on an alleged 1996 GPF nomination form. Following a magistrate's order under Section 156(3) of the CrPC, the Bengaluru Police registered an FIR for offences ...
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