Criminal Law - The Legal Chamber

26May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Denies Anticipatory Bail in Andhra Liquor Scam Case

The Supreme Court upheld the denial of anticipatory bail, emphasizing that custodial interrogation is crucial in corruption cases involving influential accused. It clarified that confessional statements of co-accused under Section 161 CrPC cannot be considered at the bail stage, being inadmissible under Sections 25-26 of the Evidence Act. The Court reiterated that political vendetta allegations alone cannot justify anticipatory bail when prima facie evidence exists. It directed investigating agencies to avoid third-degree methods while preserving their right to seek custodial interrogation if warranted. The judgment reaffirmed the higher threshold for anticipatory bail compared to regular bail in serious economic offences. Facts Of The Case: The case arose from allegations of corruption ...

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 ...

“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 Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case

The Supreme Court held that the Trial Court correctly exercised its power under Section 319 CrPC to summon the accused based on sworn testimony and corroborative evidence, which disclosed a prima facie case of abetment to suicide under Section 306 IPC. The High Court erred in setting aside the summoning order by prematurely evaluating an untested alibi and disregarding live evidence. The Court emphasized that the burden of proving an alibi lies on the accused and must be adjudicated during trial, not at the threshold. The judgment reaffirmed the constructive and purposive interpretation of Section 319 CrPC to ensure no guilty person escapes trial. Facts Of The Case: On March 13, 2016, an acid attack was committed against Dharminder Singh by ten persons, leading to the registration ...