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Criminal Law Judiciary

Genesis and history of criminal procedure in India

 11 June 2020

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Posted in Criminal Law |   936 hits

Nithari Killings

 20 May 2020

Two Nithari residents claimed in December 2006 that they knew where the remains of children who had gone missing in the previous two years were located: the municipal water tank behind the building. Both had missing daughters and they suspected Surin..

Posted in Criminal Law |   2633 hits

Sheena Bora murder case

 15 May 2020

In the case of Indrani, though she filed for bail petitions and there was numerous allegations she made, there was nothing concrete in them as per the Court and was therefore, convicted with Sanjeev Khanna, who confessed to his crime and the driver w..

Posted in Criminal Law |   4676 hits

1999 Delhi hit-and-run case

 14 May 2020

The Supreme Court held that on default, the accused will have to undergo simple imprisonment for one year.Accused has to pay an amount of Rs.50 lakh to the Union of India within six months. In the case the accused was acquitted by the Supreme Court a..

Posted in Criminal Law |   2835 hits

The guilt of an accused should be proved beyond reasonable doubt by the prosecution

 13 May 2020

On 12 October 2017, the court acquitted them after 4 long years, calling the evidence against them unsatisfactory also stating that guilt of an accused should be proved beyond reasonable doubt by the prosecution. The court also severely criticised th..

Posted in Criminal Law |   1144 hits

Death sentence for Jisha's murder convict

 12 May 2020

The court held Ameerul guilty of rape and murder under Section 302,376 and 376A of the Indian Penal Code. The neighbor’s testimony, mobile location of Ameerul at the time of murderd, DNA reports and blood samples played an essential role in the inves..

Posted in Criminal Law |   1954 hits

Consensual Physical Relationship is not Rape

 11 May 2020

Short issue before the Hon’ble Supreme Court was whether the consent as alleged by the complainant in the above-mentioned facts was an result of misconception of fact i.e the consent was obtained by false promise of marriage or whether the consent wa..

Posted in Criminal Law |   1028 hits

Rape cases that shook India

 08 May 2020

The court held Sanji Ram, Parvesh Kumar and Deepak Khajuria guilty for rape and abduction of an 8 year old girl under Section 120B, 376 and 302 of the Indian Penal Code and sentenced a lifetime imprisonment for all the 3 accused. Deepak Khajuria was..

Posted in Criminal Law |   2167 hits

Power of Magistrate u/s 178(3) CrPC viz. a viz. Extra Ordinary Jurisdiction of High Court under Article 227 of Constitution of India to order further investigation

 01 April 2020

Issue raised before Hon’ble Supreme Court in Vinubhai Haribhai Malaviya Vs The State of Gujarat 2019. SCC OnLine SC 1346, was whether post-cognizance a Magistrate would have no power to order further investigation into an offence? In short, question ..

Posted in Criminal Law |   5455 hits

NAVTEJ SINGH JOHAR & ORS. …Petitioner(s) VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE …Respondent(s)

 07 January 2019

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Posted in Criminal Law |   8399 hits

Crimes Against Body - Abduction - Hazarika vs State Of Assam

 12 July 2018

The victim (A minor then) was enticed by the appellant, from near the house where she had gone in order to answer nature’s call, luring her into the idea of marriage. FIR was registered and proceedings in the District and High Court closed in the con..

Posted in Criminal Law 2 comments |   3060 hits

SC: Prosecution to prove that a ‘dowry death’ has occurred

 21 January 2015

The bench comprising of Justices Vikramajit Sen and Kurian Joseph set aside the judgment passed by the Punjab and Haryana High Court and laid down certain rules of interpretation in dowry deaths. ..

Posted in Criminal Law 2 comments |   9432 hits

Sexual intercourse, which is forceful and not forcible, not rape.

 04 November 2014

The bench comprising of Justices Pradeep Nandrajog and Ms. Mukta Gupta held that sexual intercourse, which is forceful and not forcible is not rape. The bench, thereby, acquitted the accused. "As regards the offence punishable under Section 376 IP..

Posted in Criminal Law 21 comments |   13084 hits

SC: Review petition of a death convict to be heard in an open court

 11 September 2014

The Supreme Court Constitution bench comprising of Justices R.M. Lodha, Jagdish Singh Khehar, A.K. Sikri, Rohinton Fali Nariman and Chelameswar, in a majority verdict, has ruled that the review petition of a death convict to be heard in an open cou..

Posted in Criminal Law |   3951 hits

SC: Commissions are not 'Courts'

 30 July 2014

The Supreme Court Constitution bench headed by the Chief Justice of India, R.M. Lodha dismissed the contempt petitions against the then Editor of India Today, Mr. Arun Shourie. The case involved an editorial published in The Indian Express in 1990 ..

Posted in Criminal Law 1 comments |   5139 hits

SC: Consecutive sentences of conviction

 03 July 2014

The Supreme Court bench comprising of Justices Sudhansu Jyoti Mukhopadhaya and Dipak Misra citing 31(2) of the Cr.P.C. has held that if a person is convicted of several offences, including one that of life imprisonment, the no consecutive sentence ca..

Posted in Criminal Law |   3362 hits

SC: Guidelines for recording statement of a rape victim

 01 May 2014

The bench comprising of Justice Gyan Sudha Misra and Justice V. Gopala Gowda emphasized that the recording of evidence of the rape victim and other witnesses multiple times is the primary reason for delay of the trial. The bench issued the following..

Posted in Criminal Law 2 comments |   8624 hits

SC: Guidelines on appeals against acquittal

 11 April 2014

The bench comprising of Justice R.M. Lodha and Justice Shiva Kirti Singh issued the following guidelines to the appellate courts in dealing with appeals against acquittal: (i) There is presumption of innocence in favour of an accused person and su..

Posted in Criminal Law |   6487 hits

SC interim order on IPL spot-fixing.

 31 March 2014

The bench comprising of Justice A.K. Patnaik and Justice F.M.I Kalifulla passed an interim order appointing Mr. Sunil Gavaskar as an interim President of the BCCI and stated that no player or team is prohibited from participating in IPL 2014. ..

Posted in Criminal Law |   1894 hits

SC: State is duty bound to protect the Fundamental Rights of its citizens

 28 March 2014

The bench comprising of Chief Justice of India, P. Sathasivam, Justice Sharad Arvind Bobde and Justice N.V. Ramana directed the West Bengal government to pay Rs. 5 lakh compensation in addition to already sanctioned Rs. 50,000 to the gang rape victi..

Posted in Criminal Law 2 comments |   3801 hits