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Criminal Law Judiciary

SC stays execution of Khalistani terrorist Bhullar

 31 January 2014

The bench comprising of Chief Justice P. Sathasivam, Justice R.M. Lodha, Justice H.L. Dattu and Justice S. J. Mukhopadhaya stayed the execution of Khalistani terrorist, Devinderpal Singh Bhullar, who was involved in the bomb blast in Delhi in the yea..

Posted in Criminal Law |   1737 hits

SC landmark judgment on mercy plea

 21 January 2014

Important point from the judgment by Bench comprising Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh: 1. Delay in the decision of mercy plea is relevant ground for commuting death sentence to life imprisonment. 2. D..

Posted in Criminal Law 1 comments |   4130 hits

Violation of SEBI Act is a criminal offence

 14 August 2013

In September, 1991, an investment of Rs.65 crores came to be made by four subscribers, who applied for purchase of CANCIGO units floated by (Canbank Mutual Fund (hereinafter referred to as ‘CMF’), a fund created by Canara Bank. The Andhra Bank and An..

Posted in Criminal Law |   2760 hits

Importance of Sec 12 and Confessional statement under sec 15 on order pass for terrorist activities

 28 May 2013

A common charge of conspiracy was framed against all the co-conspirators including the appellants. The relevant portion of the said charge is reproduced hereunder: “During the period from December, 1992 to April, 1993 at various places in Bombay, ..

Posted in Criminal Law |   1673 hits

Conviction for offence under section 302 and 392 read with section 34 IPC

 30 April 2013

The genesis of the case of the prosecution was that one Shama Parveen was living in House No.A-32/15, Main Road No.66, Maujpur, that while she was using the first floor as her residential premises she had her own shop in the ground floor where she wa..

Posted in Criminal Law |   3547 hits

Consequences of offence under section 395, 396 and 397 of IPC

 05 November 2012

This appeal is directed against the judgment of the High Court of Bombay Bench at Aurangabad dated 25.04.2007 by which the High Court dismissed the Criminal Appeal No.403 of 2005 and confirmed the conviction and sentence imposed on the appellant for ..

Posted in Criminal Law |   6523 hits

The right of the accused with regard to disclosure of documents

 29 September 2012

Two orders of the High Court of Karnataka dated 16th April, 2012 and 28th May, 2012 upholding the rejection of two separate applications made by the appellant herein for certified copies or in the alternative for inspection of certain unmarked and ..

Posted in Criminal Law |   2968 hits

Consequence of offence under section 120B read with section 302, IPC

 17 September 2012

These appeals have been preferred by the second accused. Though, in all eight persons were accused of the alleged offences, records reveal that accused Nos. 7 and 8 were absconding even at the time of filing of the charge sheet and hence as many as s..

Posted in Criminal Law |   4305 hits

Discovery, vindication and establishment of truth are the main purposes underlying the existence of the courts of justice

 13 August 2012

The appellant is being prosecuted for offences punishable under Sections 7 & 13 (1) read with Section 13(1)(D) of Prevention of Corruption Act, 1988, before the Special Judge for CBI cases at Hyderabad. Around the time the prosecution concluded its e..

Posted in Criminal Law |   1396 hits

Conviction under section 25 of Arms Act entitiled the benefit of doubt regard to the offence under section 302 and 460 read with section 34 of IPC

 17 July 2012

The short case of the prosecution is that on 06.06.2001, H.C. Brij Pal (PW 11), who was posted in the PCR, received an information at about 10.35 PM that firing is taking place at Savitri Nagar near a sweet shop. Accordingly, PW 11 alongwith other po..

Posted in Criminal Law |   3900 hits

As per section 357 imprissionment only on default of payment of compensation subject to the condition of the order

 10 July 2012

The case of the complainant is that on 10/9/2001, the accused and his wife jointly borrowed a sum of Rs.5 lakhs from him and executed a promissory note in his favour. The accused also issued a cheque dated 14/5/2002 in favour of the complainant towar..

Posted in Criminal Law |   1588 hits

Offence of culpable homicide not amounting to murder punishable under Section 304 Part I read with Section 34 IPC and sentence of imprisonment for 10 years and fine upheld

 07 July 2012

Facts giving rise to the commission of the offence by the appellants and their eventual conviction have been set out in the judgment under appeal which need not be recounted again especially because notice in this appeal was issued by us limited to t..

Posted in Criminal Law |   1947 hits

Once a Magistrate take cognizance of offence under sec 190 cannot order further investigation under sec 156(3) Cr.P.C except session court passes such order

 02 July 2012

My attention has been drawn to Section 204 of the Code of Criminal Procedure and it has been argued that no reasons for summoning an accused person need be given. I feel that under Section 204 aforesaid, a Magistrate has to form an opinion that there..

Posted in Criminal Law 3 comments |   8211 hits

Petition under sec 321 Cr.P.C cannot be file without any basis

 26 June 2012

As per the case of the prosecution, the petitioners, who are stated to be the Directors of M/s Sunair Hotels Limited, approached M/s VLS Finance Limited around December, 1994 with a proposal to finance a hotel project likely to be set up in Gol Marke..

Posted in Criminal Law |   4915 hits

Quantum of sentence - " Rarest of rare " case / offences under Section 302, 316 read with Section 34 ( IPC )

 20 June 2012

Facts : Verma (PW-1) along with SubInspector Chander Pal Singh (PW-2), were on patrolling duty; They stated to have seen through the focus light of the police jeep two young men trying to pull out a girl in an injured condition by opening the rea..

Posted in Criminal Law |   2645 hits

Petition under Section 438 Cr.P.C. for grant of anticipatory bail

 18 June 2012

As per version of the complainant namely Kamini, she had come into contact with the accused/petitioner no.1 namely Ankur Bhanot on the Facebook, wherein he had proposed her for marriage. In pursuance thereto a Roka ceremony was held in Amritsar, wher..

Posted in Criminal Law |   4107 hits

When witness from distance places sought to be summoned prosecution have to bear additional burden on expenses and in such situation court can transfer the case

 15 June 2012

Observation of the case is When witnesses from distant places are sought to be summoned, early conclusion of the trial becomes so much more difficult apart from the fact that the prosecution will have to bear additional burden by way of travelling ex..

Posted in Criminal Law |   1749 hits

Acquittal based on mis-appreciation of evidence is deserved to be reverse

 14 June 2012

One Smt. Batasi Devi (PW.2) lodged an FIR on 2.2.1996 in Haraiya Police Station alleging that her daughter Renu, aged 5-6 years, was found dead on her cot in Muradipur, the village of her maternal grandmother on 30.1.1996 at about 9.00 p.m. Initially..

Posted in Criminal Law |   1549 hits

Interfere with an order against acquittal should be in a routine manner and if other views possible than avoided unless therer are good reason

 09 June 2012

Interference with an order against against acquittal subject to some condition ..

Posted in Criminal Law |   1261 hits

Attempt to rape with minor and consequent death ( Sec - 302, 376, 511 )

 02 June 2012

Facts: Vineshwari along with her brother, ,was having a bath in the water. Kali Charan and Ganeshi, PW 2, were grazing their cattle in the field situate at a short distance. The accused-appellant, a resident of the village, cajoled Vineshwari to a..

Posted in Criminal Law 1 comments |   1688 hits

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