Tag: Sessions Court

Quality Over Quantity: Supreme Court Reiterates a Single Witness Must Be “Wholly Reliable” to Convict
8Sep By The Legal ChamberNo Comments
Supreme Court

Quality Over Quantity: Supreme Court Reiterates a Single Witness Must Be “Wholly Reliable” to Convict

This Supreme Court judgment reiterates the established legal principle governing convictions based on circumstantial evidence, as outlined in Sharad Birdhichand Sarda. The Supreme Court held that the prosecution must establish a complete and unbroken chain of circumstances that unequivocally points to the guilt of the accused, excluding every other reasonable hypothesis. The conviction was overturned as the sole witness's testimony was found to be unreliable and improved, failing to meet this standard of proof. Facts Of The Case: On October 11, 2003, Santosh Kumar Pandey (PW-2), a shop owner, observed the appellant, Shail Kumari, walking in a disordered condition towards Pujari Talab, a nearby water body, with her two young children. Growing suspicious, he asked a rickshaw puller to foll...
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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 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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Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations
16Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations

The Supreme Court of India quashed an FIR and chargesheet, holding that while the complaint was within the limitation period as per Section 468 CrPC (relevant date for limitation being filing of complaint, not cognizance date), the allegations lacked specific incidents of cruelty and appeared to be a misuse of legal provisions. Facts Of The Case: The present appeal challenges a High Court order dated April 1, 2024, which set aside a Sessions Court order from October 4, 2008. The Sessions Court had discharged the Appellant from charges under Section 498A of the Indian Penal Code, 1860, in FIR No. 1098/2002. The case originated from a complaint filed by the Complainant wife (Respondent no. 2) on July 3, 2002, leading to the FIR being registered on December 19, 2002, at PS Malviya Nagar...
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