Tag: Indian Penal Code

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation
4Feb By The Legal ChamberNo Comments
Supreme Court

A Landmark Ruling on Fair Trials: Supreme Court Issues New Guidelines for Video Conferencing and Witness Confrontation

The Supreme Court of India acquitted the appellant, primarily on the ground that the dock identification of the accused by the sole injured eyewitness, recorded via video conferencing after an inordinate delay of over eight years, was deemed unsafe and unreliable. The Court found the testimony suffered from material improvements and inconsistencies, and the recoveries were not conclusively linked to the crime. Consequently, the prosecution failed to prove guilt beyond reasonable doubt. Facts Of The Case: In the intervening night of 2nd/3rd November 2008, five assailants broke into the Delhi residence of Madan Mohan Gulati and his wife, Indra Prabha Gulati (PW-18). The intruders assaulted the elderly couple, resulting in Madan Mohan's death and serious injuries to Indra Prabha. The poli...
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Supreme Court: Amicable Settlement Leads to Full Quashing of FIR, Including Dacoity Charge
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Amicable Settlement Leads to Full Quashing of FIR, Including Dacoity Charge

The Supreme Court quashed an FIR for dacoity (BNS S. 310(2)/IPC S. 395) as the alleged acts lacked dishonest intention for theft/robbery—a prerequisite for dacoity. The Court held that subsequent full restitution and amicable settlement with the complainant negated the core criminal intent, rendering the entire prosecution unsustainable. Facts Of The Case: The complainant, a school clerk, alleged that on October 4, 2024, six to seven unknown persons entered P.G. Public School in Nandurbar. They demanded specific Engineering and B.A.M.S. files, assaulted and intimidated staff, and forcibly took a cheque book, blank letterheads, stamps, cash (Rs. 1,50,000), and a computer. The accused were allegedly searching for institutional documents, and the taking of property was incidental. Subsequen...
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Supreme Court Acquits Accused in Murder Case: Recovery of Weapon Alone is Not Proof
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Accused in Murder Case: Recovery of Weapon Alone is Not Proof

The Supreme Court acquitted the appellant, holding that the conviction under Section 302 IPC and Section 25 of the Arms Act was unsustainable. The Court ruled that the recovery of a firearm from a place accessible to others, without independent corroboration or proof it was the murder weapon, is insufficient to establish guilt beyond reasonable doubt. Facts Of The Case: The case concerns the murder of Promila on June 12, 2016, in village M.P. Majra, Haryana. The First Information Report (FIR) was registered by her brother, Pradeep (PW-1), alleging that three unidentified men in a car shot her. Five days later, in a supplementary statement, Pradeep named the appellant, Govind, along with Sanoj and Amit, as the perpetrators. During the investigation, a country-made pistol and two live cart...
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No Medical Injury? No Problem: Supreme Court Explains When Victim’s Word Wins in POCSO Cases
3Feb By The Legal ChamberNo Comments
Supreme Court

No Medical Injury? No Problem: Supreme Court Explains When Victim’s Word Wins in POCSO Cases

The Supreme Court upheld the appellant's conviction under Sections 9(m) and 10 of the POCSO Act, 2012, for aggravated sexual assault on a child. The Court ruled that cogent ocular evidence from witnesses, including the victim's traumatized behavior, can sustain a conviction even if medical evidence does not show injury or penetration. The sentence was partially modified. Facts Of The Case: On August 15, 2021, the appellant, Dinesh Kumar Jaldhari, returned to the victim's home in Jashpur, Chhattisgarh, with her father and another man after collecting wood. After consuming alcohol, the victim's four-year-old daughter was sleeping inside. Around 4:30 p.m., the mother went inside to give food to the appellant and found him wearing only shorts, sitting near her daughter's legs. Th...
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From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case
2Feb By The Legal ChamberNo Comments
Supreme Court

From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case

Supreme Court Says this curative petition was allowed due to irreconcilable outcomes on an identical evidentiary foundation, violating Articles 14 and 21 of the Constitution. The Court found the Section 164 CrPC confession involuntary and Section 27 recoveries inadmissible, structural infirmities fatal to the conviction. The earlier judgment was set aside to cure a gross miscarriage of justice. Facts Of The Case: The case involves petitioner Surendra Koli, who was employed as a domestic help in Noida's Nithari area. Between 2005 and 2006, multiple women and children were reported missing. On December 29, 2006, human remains were discovered in the open area behind the house where Koli worked, leading to his arrest. He was convicted and sentenced to death in 2009 for the murder...
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From Murder to Culpable Homicide: How the Supreme Court Reclassified a Stabbing Case
29Jan By The Legal ChamberNo Comments
Supreme Court

From Murder to Culpable Homicide: How the Supreme Court Reclassified a Stabbing Case

The Supreme Court reclassified the offense from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC. The Court held that while the appellant had the knowledge his act was likely to cause death, the prosecution failed to prove the requisite intention to kill, which is essential to constitute murder under Section 300 IPC. Facts Of The Case: On June 12, 1998, an altercation occurred between the appellant, Nandkumar, and his brother. Rajesh, the nephew of Louis Williams (the deceased), intervened, during which the appellant allegedly injured Rajesh with a knife. Later that night, the appellant went to the residence of Louis Williams. A further incident ensued, resulting in the appellant inflicting multiple stab wounds on Williams, including ...
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Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling
21Jan By The Legal ChamberNo Comments
Supreme Court

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

The Supreme Court held that the constitutional mandate under Article 22(1) requires the grounds of arrest to be furnished in writing to the arrestee in a language they understand, without exception, for all offences. Failure to do so renders the arrest and subsequent remand illegal, subject to a limited exception for certain in-the-moment offences where written grounds must be supplied at least two hours before the remand hearing. Facts Of The Case: On July 7, 2024, a white BMW, allegedly driven at high speed by Mihir Rajesh Shah, collided violently with a scooter from behind in Worli, Mumbai. The impact threw the scooter's male rider to the side and trapped his wife under the front left wheel and bumper of the car. Despite this, the driver allegedly continued driving, draggi...
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Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power
21Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power

The Supreme Court held that the High Court erred in quashing criminal proceedings under Section 482 CrPC by conducting a "mini-trial" on the credibility of allegations. The power to quash an FIR is to be exercised sparingly and only when allegations, taken at face value, disclose no cognizable offence. The existence of prima facie allegations necessitates permitting the investigation to proceed. Facts Of The Case: The appellant, Muskan, married respondent No. 1, Ishaan Khan, on 20.11.2020. After five to six months of marriage, she alleged that her husband and his family (respondents 1 to 5) began harassing and taunting her for insufficient dowry. Specific incidents included being slapped by her brother-in-law on 22.07.2021 and, on 27.11.2022, her husband demanding Rs. 50 lakhs from h...
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Key Takeaway from Supreme Court Judgement: Only CBI Can Appeal in CBI-Investigated Cases, Not State Govt
21Jan By The Legal ChamberNo Comments
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...
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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...
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