Tag: IPC 302

No Set Formula for Human Reaction: Supreme Court Backs Parents Who Fled Fire That Killed Kids
8Sep By The Legal ChamberNo Comments
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...
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Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial
6Sep By The Legal ChamberNo Comments
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...
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Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction
26Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Acquittal: Doubtful Dying Declaration Cannot Secure Murder Conviction

The Supreme Court upheld the acquittal, emphasizing the well-settled principle that an appellate court should not interfere with an acquittal unless the findings are perverse and the only possible view is of guilt. The Court found the prosecution's evidence, particularly the dying declaration, unreliable due to material contradictions and the victim's precarious medical condition, making the case fit for the application of the benefit of doubt. Facts Of The Case: Based on the accusation of Poona Bai (PW-10), the prosecution's case was that on March 10, 2003, the accused-respondent, Ramveer Singh, forcibly entered their house and set her granddaughter, Badami Bai, on fire by pouring kerosene on her. The alleged motive was retaliation for a rape complaint filed against the accused's son by...
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Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC

The Supreme Court clarified the legal principles governing the exercise of power under Section 319 of the CrPC, emphasizing that it can be invoked based on evidence collected during trial, even if the person was not charge-sheeted. The Court held that the standard for summoning an additional accused is stricter than a prima facie case but does not require proof beyond reasonable doubt. The evidence must show strong complicity, and the power should be exercised sparingly to ensure fairness. The Court restored the Trial Court's summoning order, underscoring that the High Court erred in conducting a mini-trial at this stage. The judgment reaffirmed that the provision aims to prevent the guilty from escaping justice. Facts Of The Case: The case arose from an incident on 29th November 2017, w...
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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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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 Acquits Man in Murder Case, Citing “Last Seen” Evidence Insufficient
6Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Man in Murder Case, Citing “Last Seen” Evidence Insufficient

The Supreme Court clarified that judicial members of Consumer Commissions are exempt from written exams. It upheld a five-year tenure and judicial majority in selection committees, while validating past appointments made before specific Limaye-I directives. The Court also mandated new rules from the Union of India, ensuring a permanent adjudicatory forum and expediting recruitment across states. Facts Of The Case: The prosecution's case originated from an incident on April 4, 2016, around 11 a.m., when the informant's son, Akash Garadia, along with Budhadeba Garadia (PW-1), Susanta Kusulia (PW-2), and the appellant/accused, went to a river to bathe. Subsequently, the appellant and Akash proceeded to a cashew field. When Akash and the appellant failed to return, PW-1 and PW-2 came back to...
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Age Dispute in Crime : Supreme Court Upholds Juvenile Status in Murder Case
4Jun By The Legal ChamberNo Comments
Supreme Court

Age Dispute in Crime : Supreme Court Upholds Juvenile Status in Murder Case

The Supreme Court upheld the determination of an accused as a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing that school records and birth certificates take precedence over medical age tests under Section 94(2). The Court clarified that once juvenility is established, bail considerations for juveniles differ from adults, focusing on rehabilitation rather than offence gravity. It also affirmed that Section 15 (preliminary assessment for heinous offences) does not negate juvenile status but mandates a separate evaluation for trial as an adult. The ruling reinforced the statutory hierarchy of age-proof documents and restricted JJBs from reviewing earlier age determinations. Facts Of The Case: The case involves Rajni (appellant), the mother of a ...
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