Tag: Indian Penal Code

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case
12Aug By The Legal ChamberNo Comments
Supreme Court

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case

The Supreme Court upheld the conviction of the accused under Sections 376, 377, 302 IPC and Section 5/6 POCSO Act for the sexual assault and murder of a minor. However, it commuted the death penalty to life imprisonment, ruling that the case did not meet the "rarest of rare" standard due to insufficient consideration of mitigating circumstances and rehabilitation potential. The Court emphasized the necessity of balancing aggravating and mitigating factors before imposing capital punishment, following precedents like Mohd. Farooq Abdul Gafur and Gudda v. State of M.P., while affirming the reliability of DNA evidence and the last-seen theory in securing conviction. Facts Of The Case: The case involved the brutal sexual assault and murder of a 10-year-old girl in Dehradun, Uttarakhand. On 2...
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Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty
12Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty

The Supreme Court acquitted the appellant, overturning his death sentence, due to glaring inconsistencies in eyewitness testimonies (PW1, PW2) and lack of corroborative evidence. The prosecution failed to prove guilt beyond reasonable doubt, as recoveries were unreliable, forensic links were absent, and material contradictions undermined the case. The Court emphasized strict adherence to evidentiary standards in capital offenses. Facts Of The Case: The case involves the brutal murder of four family members—Seema Rani (the appellant’s wife), Reena Rani (sister-in-law), and two minor children, Sumani Kumari (3-4 years) and Harsh (1.5-2 years)—along with injuries to two others, Harry (5 years) and Om Prakash (18 years). The incident occurred on November 29, 2013, in the early morning at the...
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Supreme Court Acquits Man in Rape Case Due to Lack of Evidence on Victim’s Age
12Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Man in Rape Case Due to Lack of Evidence on Victim’s Age

The Supreme Court acquitted the accused, holding that the prosecution failed to prove the victim was a minor under Sections 363/376 IPC. The school certificate (Ex.P11) lacked corroborative evidence under Section 35 of the Evidence Act, as the source of birth records was unverified. Additionally, charges of kidnapping (Section 363) and wrongful confinement (Section 342) were unsubstantiated, as the victim’s voluntary companionship and lack of coercion negated criminal intent. The Court emphasized that mere entries in official documents require independent proof to establish age conclusively, and absence of non-consensual sexual intercourse invalidated the rape charge (Section 376). Benefit of doubt was granted due to insufficient evidence. Facts Of The Case: The case involves Birka Shiva...
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DNA Mishandling Leads to Acquittal: Supreme Court Criticizes Investigation in Brutal Murder Case
11Aug By The Legal ChamberNo Comments
Supreme Court

DNA Mishandling Leads to Acquittal: Supreme Court Criticizes Investigation in Brutal Murder Case

The Supreme Court acquitted the accused in a double murder and rape case, ruling that the prosecution failed to establish guilt beyond reasonable doubt. The Court highlighted critical lapses, including unreliable circumstantial evidence, mishandled DNA samples, an improperly conducted Test Identification Parade, and lack of motive. It emphasized strict adherence to forensic protocols and reaffirmed that circumstantial evidence must form an unbroken chain pointing solely to the accused’s guilt. The judgment underscored the prosecution’s burden to ensure a fair investigation and maintain evidentiary integrity. Facts Of The Case: In May 2011, two young victims—Ezhil Muthalvan (D1) and Kasturi (D2)—were found brutally murdered near Suruli Falls in Tamil Nadu. D1 had left home under the prete...
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Supreme Court Explains : When Can Courts Quash Serious Crimes?
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains : When Can Courts Quash Serious Crimes?

The Supreme Court, exercising its inherent powers under Section 482 CrPC, quashed criminal proceedings—including a non-compoundable offense under Section 376 IPC—based on an amicable settlement between the parties. The Court emphasized that while such offenses are grave, exceptional circumstances (victim’s unequivocal settlement, societal harmony, and futility of trial) justified judicial intervention to prevent abuse of process. The ruling reaffirms that ends of justice override rigid legal constraints in unique cases. Facts Of The Case: The case arose from two FIRs registered in November 2023 at Mehunbare Police Station, Jalgaon. The first FIR (No. 302/2023) was filed against Madhukar and others under Sections 324, 143, 147, 452, and others of the IPC, alleging they assaulted a woman a...
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Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime
4Aug By The Legal ChamberNo Comments
Supreme Court

Forced Marriage to Murder: The Shocking Case of Kum. Shubha & the Tragic Crime

The Supreme Court upheld the conviction of the appellants under Section 302 read with Section 120-B IPC for conspiring to murder the deceased, relying on circumstantial evidence, including Call Detail Records (CDRs) and motive established through witness testimonies. The Court clarified the admissibility of electronic evidence under Section 65-B of the Evidence Act and emphasized that constitutional powers under Article 161 (pardoning power of the Governor) remain exercisable despite statutory remission rules. The judgment reaffirmed the principles of Sharad Birdhichand Sarda for circumstantial evidence while dismissing appeals but allowed the convicts to seek pardon. Facts Of The Case: In December 2003, Kum. Shubha (A-4), a 20-year-old law student, was engaged to B.V. Girish (deceased),...
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No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case
22Jul By The Legal ChamberNo Comments
Supreme Court

No Civil Suit Barrier: Supreme Court Rules Criminal Trial Must Proceed in Land Scam Case

The Supreme Court held that the High Court erred in quashing criminal proceedings under Sections 120B, 415, and 420 IPC against respondents for allegedly fabricating a partition deed and family tree to exclude daughters from property compensation. It ruled that pendency of civil suits does not bar criminal prosecution if a prima facie case exists. The Court emphasized that criminal conspiracy and cheating must be tried independently, reinstating the trial court’s proceedings. The judgment reaffirms that civil and criminal remedies can coexist, ensuring accountability for fraudulent deprivation of property rights. Facts Of The Case: The case revolves around a dispute over compensation amounting to ₹33 crores awarded by the Bengaluru Metro Rail Corporation for ancestral land purchased by K...
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Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Strikes Down Kerala’s Preventive Detention Order: A Win for Personal Liberty

The Supreme Court of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...
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Supreme Court :Threats Alone Can Constitute Extortion “No Need for Money Exchange”| Section 387 IPC
18Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Threats Alone Can Constitute Extortion “No Need for Money Exchange”| Section 387 IPC

The Supreme Court of India ruled that for a prosecution under Section 387 IPC, the delivery of property is not necessary, as this section punishes the act of putting a person in fear of death or grievous hurt "in order to commit extortion," which is a stage prior to the actual commission of extortion. The High Court's quashing order was set aside because it wrongly emphasized the non-delivery of money, which is not an essential ingredient for an offense under Section 387 IPC. Facts Of The Case: The case involves an appeal filed by M/s. Balaji Traders (appellant-complainant) against a High Court judgment dated June 28, 2024, which quashed a summoning order and proceedings in Complaint Case No. 58 of 2022 under Section 387 of the Indian Penal Code, 1860. The complainant, Prof. Manoj Kumar ...
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Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials
18Jun By The Legal ChamberNo Comments
Supreme Court

Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials

The Supreme Court of India allowed the appeal by Abhishek Singh, holding that the High Court improperly quashed the FIR filed by him. The High Court erred by considering extraneous documents and evaluating the merits of the case at the quashing stage, rather than determining if a prima facie offense was made out. The proceedings from the FIR are revived, and the guilt or innocence of the respondents is to be established at trial. Facts Of The Case: Abhishek Singh, the appellant, a businessman, secured a loan of ₹7,70,000 from the Bank of India on July 22, 2020, by pledging 254 grams of 22-carat gold ornaments. According to Singh, he repaid the loan, including interest, by March 31, 2023, after receiving a notice from the bank on October 7, 2022, to pay ₹8,01,383.59. However, unbeknownst ...
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