Tag: Criminal Appeal

Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction

The Supreme Court affirmed that school admission registers are admissible evidence under Section 35 of the Evidence Act to prove a victim's minority in POCSO cases. It clarified that a witness cannot be declared hostile for minor inconsistencies, reiterating that such a step is an extraordinary measure requiring clear hostility or resiling from a material statement. The Court also held that under the amended SC/ST Act, mere knowledge of the victim's caste is sufficient to attract Section 3(2)(v), especially when a presumption of such awareness arises under Section 8(c) from prior acquaintance. Facts Of The Case: On the night of May 10, 2018, the minor victim left her home to deliver food to her grandfather. Near a Sendhwar tree, the appellant, Shivkumar, allegedly abducted her by force, ...
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Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed

The Supreme Court held that at the quashing stage under Section 482 CrPC, the High Court cannot conduct a mini-trial or evaluate evidence. If the complaint and prima facie documents disclose cognizable offences, the prosecution must proceed to trial. The merits of allegations, including forgery and cheating, are to be tested through evidence, not nipped in the bud. Facts Of The Case: The complainant, Komal Prasad Shakya, filed a criminal complaint alleging that Rajendra Singh, who had always identified as a General Category 'Sikh', fraudulently obtained a Scheduled Caste ('Sansi') certificate just before the 2008 Guna Assembly elections. Using this certificate, he contested and won from a reserved constituency. The complaint accused Rajendra Singh, his father Amrik Singh, and others in...
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Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal
29Dec By The Legal ChamberNo Comments
Supreme Court

Dowry Death Mystery Solved: Supreme Court Holds Father-in-Law Guilty After High Court’s Acquittal

The Supreme Court restored the conviction of the accused under Sections 302 and 201 of the IPC, holding that in cases of unnatural death within a household, the burden to explain the circumstances lies with the accused under Section 106 of the Evidence Act. The Court found the chain of circumstantial evidence complete, establishing guilt beyond reasonable doubt. Facts Of The Case: The case revolves around the death of Smt. Pushpa, who was married to Mahesh Singh. Her family alleged she faced persistent dowry harassment and cruelty from her husband and father-in-law, Janved Singh. On December 31, 1997, Janved Singh reported to police that Pushpa died from accidental electrocution while ironing clothes. However, the post-mortem revealed the cause was asphyxia due to strangula...
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Supreme Court :Why Consent Doesn’t Matter If Victim Is Under 16
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Why Consent Doesn’t Matter If Victim Is Under 16

The Supreme Court upheld the conviction under Sections 363, 366, 376, and 377 IPC, emphasizing that the testimony of a minor victim can be relied upon as a "sterling witness." It held that even if medical evidence is not conclusive, it does not rule out the offence, and consent is immaterial when the victim is below 16 years of age. Facts Of The Case: The case originated from an FIR registered in February 2007 against the appellant, Varun Kumar, for offences including kidnapping and rape under the IPC. The prosecution alleged that the appellant, along with a co-accused, abducted a minor girl aged about 15 years. The victim's testimony detailed that she was taken to Una and subsequently to a relative's house, where the appellant subjected her to forcible sexual and unnatural intercourse o...
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Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting
28Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Voice Sample Collection, Says It’s Similar to Fingerprints or Handwriting

The Supreme Court held that a Judicial Magistrate is empowered to direct any person, including a witness, to provide a voice sample for investigation. Relying on the principle in Kathi Kalu Oghad and Ritesh Sinha, the Court ruled that such sampling does not constitute testimonial compulsion and does not violate the right against self-incrimination under Article 20(3) of the Constitution. Facts Of The Case: The case arose from the death of a 25-year-old married woman in February 2021, leading to allegations of harassment by her in-laws and counter-allegations of misappropriation of cash and jewellery by her parents. During the investigation, it was alleged that the 2nd respondent acted as an agent for the deceased's father and threatened a witness privy to an extortion demand. The Investi...
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Merely Buying Property Doesn’t Make You an Accused: Supreme Court Reiterates Legal Principle
27Dec By The Legal ChamberNo Comments
Supreme Court

Merely Buying Property Doesn’t Make You an Accused: Supreme Court Reiterates Legal Principle

The Supreme Court quashed criminal proceedings against the accused appellant, holding that no prima facie case was established under Sections 420, 406, and 34 of the IPC. The Court ruled that mere subsequent purchase of property from a co-accused, without allegation of inducement or involvement in the initial fraudulent transaction, does not attract criminal liability for cheating or criminal breach of trust. Facts Of The Case: The case originates from an FIR filed by Ms. Amutha in October 2022 against Gunasekaran (Accused No. 1) for offences under Section 420 of the IPC. She alleged that in 2015, Gunasekaran fraudulently represented himself as the owner of a vacant plot, inducing her into an unregistered sale agreement for ₹1.64 crore. She paid substantial sums totaling ₹92 lakhs ...
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Supreme Court Upholds Tribunal’s Power to Modify Military Conviction
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Tribunal’s Power to Modify Military Conviction

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....
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Supreme Court Clarifies: Trustees Can Be Sued for Dishonored Cheques, Even If Trust Is Not Named as Accused
24Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Trustees Can Be Sued for Dishonored Cheques, Even If Trust Is Not Named as Accused

This Supreme Court judgment holds that under the Negotiable Instruments Act, 1881, a Trust is not a juristic person capable of being sued. A complaint for a dishonored cheque issued on behalf of a Trust is maintainable against the Trustee who signed it, without needing to array the Trust itself as an accused. The ruling clarifies that vicarious liability attaches directly to the responsible Trustee. Facts Of The Case: The dispute arose from a financial arrangement concerning William Carey University. Facing a crisis, its sponsoring body, ACTS Group, entered an MoU with Orion Education Trust on 12.10.2017 to hand over the university's management. The Respondent, Vijaykumar Agarwal, was Orion's Chairman. In this capacity, he authorized the Appellant, Sankar Padam Thapa, to liaise wit...
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Evidence Wholly Unreliable: Supreme Court Overturns High Court’s Conviction for Power Pilferage
24Dec By The Legal ChamberNo Comments
Supreme Court

Evidence Wholly Unreliable: Supreme Court Overturns High Court’s Conviction for Power Pilferage

The Supreme Court acquitted the appellant, holding that the prosecution failed to prove the use of "artificial means" for electricity theft under Section 39 of the Indian Electricity Act, 1910, which is necessary to invoke the statutory presumption against the consumer. The evidence was deemed insufficient, speculative, and not beyond reasonable doubt to establish offences under Sections 39 or 44. Facts Of The Case: Officials from the Maharashtra State Electricity Board (MSEB) detected a 36.6% discrepancy between supplied units and meter readings at M/s. Rushi Steels and Alloys Pvt. Ltd. in March 1993. An inspection revealed three holes in the company's meter box. The prosecution alleged that unauthorized wires were inserted through these holes to slow the meter and steal electricity, ca...
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Supreme Court Halts Transfer of Investigation to CBI, Calls High Court’s Order Illegal
23Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Halts Transfer of Investigation to CBI, Calls High Court’s Order Illegal

The Supreme Court held that a High Court cannot review or recall its own order under the inherent powers of Section 482 CrPC (Section 528 BNSS) once it has attained finality. Such power is barred by Section 362 CrPC, which only permits the correction of clerical errors. The Court quashed the impugned orders directing transfer of investigation to the CBI as they amounted to an impermissible review. Facts Of The Case: The complainant, Parmeshwar Ramlal Joshi, a granite mining businessman, alleged criminal intimidation, theft, and criminal conspiracy by accused individuals, including a former Revenue Minister. Following his complaint, FIRs were registered. Dissatisfied with the local police investigation, which filed a negative report in one case, he approached the Rajasthan High Court seek...
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