Tag: Indian Penal Code

Supreme Court Revives Forgery Case: Fake Stamp Paper Probe Must Go On
19Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Revives Forgery Case: Fake Stamp Paper Probe Must Go On

The Supreme Court held that a Magistrate's referral under Section 156(3) CrPC for police investigation is justified when a complaint discloses a cognizable offence and such a direction is conducive to justice. The High Court's orders quashing the referral were set aside, emphasizing that the police must be allowed to investigate prima facie allegations of forgery and fabrication of documents. Facts Of The Case: The appellant, Sadiq B. Hanchinmani, filed a civil suit claiming ownership of a property via an oral gift from his father, challenging a registered sale deed in favour of accused No. 1, Veena. The suit was dismissed in 2013. During the pendency of his appeal (RFA No. 4095/2013) before the High Court, a status quo order on the property's title and possession was initially granted b...
Read More
How a Medical “Margin of Error” Freed a Convict: A Supreme Court Case Study
16Jan By The Legal ChamberNo Comments
Supreme Court

How a Medical “Margin of Error” Freed a Convict: A Supreme Court Case Study

The Supreme Court applied the legal principle from Jaya Mala that medical ossification tests for age determination carry a margin of error of ±2 years. Granting this benefit, one appellant was declared a juvenile at the time of offence and released. For other aged convicts, the Court exercised its sentencing power under Article 142 to commute life imprisonment to a fixed 14-year term, considering the case's 35-year pendency. Facts Of The Case: The case originates from an incident dated August 30, 1988, where eight accused persons were tried for offenses including murder (Sections 302/149 IPC) and voluntarily causing hurt (Sections 323/149 IPC). The Trial Court convicted all eight and sentenced them to rigorous imprisonment for life. Their appeal to the High Court was dismisse...
Read More
Supreme Court Upholds Life Sentence in Dowry Death Case: The Importance of Dying Declarations
15Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Life Sentence in Dowry Death Case: The Importance of Dying Declarations

This Supreme Court judgment clarifies the legal principle regarding multiple dying declarations. The Supreme Court held that each declaration must be assessed independently for evidentiary value. It ruled that the first, corroborated dying declaration recorded by an independent witness (a doctor) was reliable, and minor discrepancies in subsequent versions did not invalidate it, justifying the High Court's reversal of the acquittal. Facts Of The Case: The prosecution's case was that the appellant, Jemaben, conspired with a co-accused to kill Leelaben and her son, Ganesh. On the intervening night of November 29-30, 2004, while the victims were sleeping in their hut, Jemaben poured kerosene on Leelaben and set her on fire. Leelaben suffered severe burns and succumbed to her injuries on...
Read More
“Mere Suspicion Not Proof”:Supreme Court Landmark Ruling on Circumstantial Evidence
13Jan By The Legal ChamberNo Comments
Supreme Court

“Mere Suspicion Not Proof”:Supreme Court Landmark Ruling on Circumstantial Evidence

This Supreme Court judgment underscores the stringent standards for conviction based on circumstantial evidence. It holds that the prosecution must establish a complete and unbroken chain of circumstances, excluding every hypothesis of innocence. Where gaps exist or alternative possibilities emerge, the benefit of doubt must be accorded to the accused, leading to acquittal if guilt is not proven beyond reasonable doubt. Facts Of The Case: An 85-year-old woman, living alone in Coimbatore, was found murdered in her home on the morning of December 19, 2016. She had been strangled with a towel, sexually assaulted, and her two gold bangles were missing. The prosecution's case relied on circumstantial evidence against the appellant, Mohamed Sameer Khan. Key points included that the appellant w...
Read More
Supreme Court Rules on Vicarious Liability in Group Assault Case
13Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...
Read More
Supreme Court Quashes Conviction in POCSO Case After Marriage to Victim
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Conviction in POCSO Case After Marriage to Victim

The Supreme Court invoked Article 142 to quash the appellant's conviction under POCSO and IPC, balancing societal deterrence with familial rehabilitation. The ruling prioritized "complete justice" and marital harmony post-marriage to the victim, imposing a lifelong condition of maintenance and non-desertion, while cautioning against precedent. Facts Of The Case: The appellant was convicted under Section 366 of the Indian Penal Code and Section 6 of the POCSO Act, receiving sentences of rigorous imprisonment for 5 and 10 years respectively. His appeal before the Madras High Court was dismissed in September 2021. During the pendency of this appeal, in May 2021, the appellant married the victim. Subsequently, they had a male child. The appellant's wife filed an affidavit expressing ...
Read More
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...
Read More
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...
Read More
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...
Read More
Supreme Court Denies Reduction in Jail Term for Man Who Killed Peacemaker in Family Feud
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Denies Reduction in Jail Term for Man Who Killed Peacemaker in Family Feud

In this appeal against sentence under Section 304 Part-II IPC, the Supreme Court refused to reduce the 8-year rigorous imprisonment. The Court held that sentencing must balance proportionality and societal interests, and undue leniency undermines justice. The appellant’s act of using an axe on the victim’s neck demonstrated the requisite knowledge for the offense. Facts Of The Case: The case arose from a familial dispute involving allegations of rape. The appellant, Kotresh, was aggrieved as his cousin (‘C’) was allegedly raped by the elder brother (‘V’) of the eventual victim, ‘S’. This led to demands for marriage between C and V. A day before the incident, a meeting to resolve the issue failed. The next day, the appellant and other family members confronted V’s family, leading to a s...
Read More