Tag: Criminal Law

Supreme Court Clarifies Law on Witness Intimidation: Victims Can Go Straight to Police
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Law on Witness Intimidation: Victims Can Go Straight to Police

This Supreme Court judgment clarifies the procedural conflict regarding offences under Section 195A IPC (threatening to give false evidence). The Supreme Court holds that Section 195A IPC is a cognizable offence. Consequently, the police have the independent power to register an FIR and investigate under Sections 154/156 CrPC, and the restrictive complaint procedure under Section 195(1)(b)(i) CrPC is not applicable. Facts Of The Case: The case originated from two separate sets of proceedings. In the first, from Kerala, an FIR was registered under Section 195A IPC after a de facto complainant, who had turned approver in a murder case, was threatened with dire consequences to give false evidence. The accused sought bail, arguing the mandatory procedure under Section 195(1)(b)(i) CrPC—requi...
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Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case
6Jan By The Legal ChamberNo Comments
Supreme Court

Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case

The Supreme Court upheld the appellants' conviction under Sections 302/149 and 307/149 IPC, affirming the High Court's judgment. It ruled the case did not fall under Exception 4 to Section 300 IPC, as the assault with sharp weapons in furtherance of common intention established murder, not culpable homicide. The ocular and medical evidence was found reliable. Facts Of The Case: On May 19, 1988, an altercation arose between two groups of relatives over a land boundary dispute in a sugarcane field. The appellants, led by Molhar and Dharamvir, allegedly damaged a ridge (mendh) on the complainant's side. When the deceased Dile Ram objected, a fight ensued. The appellants, armed with lathis, spades, and phawadas, assaulted Dile Ram, Braham Singh, and Bangal Singh (PW-2). Both Dile Ram and Bra...
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Supreme Court Ruling: Drug Disposal Committee Cannot Overtake Court’s Power to Release Seized Vehicles
4Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Drug Disposal Committee Cannot Overtake Court’s Power to Release Seized Vehicles

The Supreme Court held that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 do not oust the jurisdiction of Special Courts to grant interim custody of vehicles seized under the NDPS Act. The statutory power of courts under Sections 60(3) and 63 of the NDPS Act, read with relevant CrPC/BNSS provisions for interim release, remains operative independently of the administrative disposal mechanism under the 2022 Rules. Facts Of The Case: The appellant, Denash, is the owner of a lorry (TN 52 Q 0315) which was lawfully hired to transport iron sheets from Chhattisgarh to Tamil Nadu. On 14th July 2024, during transit, police intercepted the vehicle and recovered a total of 6 kilograms of Ganja. The contraband was found concealed benea...
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Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case

The Supreme Court acquitted the accused-appellant and three co-convicts, finding the prosecution's eyewitness testimonies wholly unreliable and contradictory regarding the genesis and location of the incident. The Court held that the prosecution failed to establish its case beyond reasonable doubt, warranting the benefit of doubt under Article 142 of the Constitution. Facts Of The Case: The case stems from an incident on 28th September 1990, where an altercation allegedly occurred in a village involving ten accused persons. According to the FIR lodged by Gobariya (PW-2), the incident began when the accused were damaging a temporary hutment belonging to Jagya (PW-3). Gobariya's son, Ramesh, intervened to pacify them, upon which the assailants allegedly turned on him and assaul...
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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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Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case
27Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case

This Supreme Court judgment affirms that claims of juvenility under the Juvenile Justice Act, 2000 can be raised at any stage, even post-conviction. The Court held that a juvenile offender cannot be detained beyond the statutory maximum period prescribed under the Act, and such excess detention violates Article 21 of the Constitution. Facts Of The Case: The petitioner, born on 10th June 1969, was convicted for a murder allegedly committed on 2nd November 1981, when he was approximately 12 years and 5 months old. The trial court, in its 1984 order, recognized his juvenility under the Children Act, 1960 and directed his placement in a children's home instead of prison. Following a reversal of his acquittal by the Supreme Court in 2009, the petitioner absconded and was subsequently arrested...
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