Tag: De-facto Complainant

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal
Supreme Court

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

The Supreme Court partially allowed the appeal, reducing the sentence to the period already undergone (two years and three months) while upholding the conviction. Notice had been limited to quantum of sentence. The Court considered the compromise between parties and the incarceration period served, modifying the sentence accordingly with direction for immediate release if not required in other cases. Facts Of The Case: The appellants, Venkatesh and another individual, were originally convicted by the learned III-Additional District and Sessions Judge, Salem, in S.C. No.460/2016 on November 3, 2020. The charges stemmed from Crime No.103/2016, under which they were found guilty of offenses under Section 326 of the Indian Penal Code (IPC), which pertains to voluntarily causing g...
Key Takeaway from Supreme Court Judgement: Only CBI Can Appeal in CBI-Investigated Cases, Not State Govt
Supreme Court

Key Takeaway from Supreme Court Judgement: Only CBI Can Appeal in CBI-Investigated Cases, Not State Govt

The Supreme Court upheld the legal principle from Lalu Prasad Yadav that only the Central Government, not a State Government, can file an appeal against an acquittal in cases investigated by the CBI. It also ruled that a victim's right to appeal under Section 372 CrPC is prospective, applying only to acquittals passed after December 31, 2009. Facts Of The Case: On June 4, 2003, Ramavatar Jaggi, a political leader, was murdered in Raipur. The local police initially investigated and filed a chargesheet against several accused. Dissatisfied, the victim's son secured a transfer of the case to the CBI. The CBI, after further investigation, filed a fresh chargesheet alleging a conspiracy and implicated Amit Jogi, the son of the then Chief Minister. In 2007, the trial court convicte...