Tag: Investigation

No Set Formula for Human Reaction: Supreme Court Backs Parents Who Fled Fire That Killed Kids
Supreme Court

No Set Formula for Human Reaction: Supreme Court Backs Parents Who Fled Fire That Killed Kids

The Supreme Court ruled that the High Court erred in its appreciation of evidence, particularly witness testimony and circumstantial evidence. It upheld the trial court's conviction, establishing that the prosecution successfully proved its case beyond a reasonable doubt and that witness conduct cannot be judged by a uniform standard of reaction. Facts Of The Case: The case stems from a tragic incident on the intervening night of April 1-2, 1992, in Khunti, where the informant, Santosh Kumar Singh, his wife, and their two infant daughters were asleep. The prosecution's case was that accused persons Nilu Ganjhu and Md. Mahboob Ansari, motivated by a business rivalry with the informant over his bus agency operation, threatened him weeks prior. That night, an explosive substance was used, c...
Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial
Supreme Court

Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial

The Supreme Court held that under Section 193 CrPC, a Sessions Court is empowered to summon additional accused persons not named in the police report upon committal of a case, as cognizance is taken of the offence—not the offender—and such power is incidental to the court’s original jurisdiction post-committal. This does not amount to taking "fresh cognizance. Facts Of The Case: The case originated from an FIR registered at Police Station Shivali, Kanpur Dehat, concerning the murder and rape of a woman. The initial investigation named one Ajay as the suspect. However, during the probe, the petitioner's name surfaced based on witness statements and an alleged extra-judicial confession. Despite this, the Crime Branch gave the petitioner a clean chit, and a chargesheet was filed solely agai...
Bank’s Gold Revaluation Under Scrutiny: Supreme Court Allows Trial Against Bank Officials
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 ...
Accidental Death or Murder? Supreme Court’s Landmark Ruling in the Medical Student Case
Supreme Court

Accidental Death or Murder? Supreme Court’s Landmark Ruling in the Medical Student Case

The Supreme Court partially set aside the appellant's conviction under Section 302 IPC and Section 5 read with 25(1)(a) of the Arms Act, acquitting him of these charges. The Court found the circumstantial evidence inconsistent with a murder conviction, noting a reasonable possibility of accidental death supported by medical evidence and bullet trajectory. His conviction under Section 201 IPC (disappearance of evidence) was sustained, and he was sentenced to the period already undergone. The judgment emphasized that mere suspicion, or an accused's inability to explain circumstances, cannot substitute for the prosecution proving its case beyond reasonable doubt, especially when a probable counter-view exists. Facts Of The Case: Vaibhav and Mangesh, first-year homeopathy medical college s...