Criminal Law Judgements

Displaying 1 - 10 of 638 in 64 pages

Rape - Misconception Of Fact About Promise To Marry Has To Be In Proximity Of Time To The Occurrence

 31 October 2020

In a well-reasoned, well-analysed and well worded judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2020 (Arising out of SLP (Crl.) No. 393 of 2020) delivered just recently on September 28, 2020, a three Judge Benc

Posted in Criminal Law 1 comments |   628 hits

When can the heinous crime of rape be awarded with death penalty instead of life imprisonment

 28 October 2020

The Supreme Court dismissed the appeal & upheld the decision of the HC and held that “the heinous offence of gang-rape of an innocent and helpless young woman by those in whom she had reposed trust, followed by a cold-blooded murder and calculated at

Posted in Criminal Law |    0 comments |   80 hits

Is the court required to read a mens rea requirement into a statute that is silent with regard to the mental state required to make the act a crime

 21 October 2020

The Court held that Mistake of fact does not stand as a defense to a crime where the statute making the act a crime contains no requirement of knowledge of that fact to begin with. In this case the forbidden act is wrong in itself and the legislature

Posted in Criminal Law |    0 comments |   245 hits

Can the convict use insanity as a defence for committing a murder

 21 October 2020

The jury reached a verdict of not guilty by reason of insanity. Also, itheld that “every man is presumed sane and to possess a sufficient degree of reason to be responsible for his crimes. Therefore, in order to establish an insanity defense, it must

Posted in Criminal Law |    0 comments |   251 hits

Can parents commit murder of their own daughter

 07 October 2020

The court acquitted the parents of Aarushi Talwar, calling the evidence against them unsatisfactory and severely criticizing the police, CBI and the media for not having investigated the murder properly.

Posted in Criminal Law |    0 comments |   415 hits

SC laid down guidelines for compensation and rehabilitation of rape victims

 30 September 2020

The Hon’ble Supreme Court held that rape transgressed the fundamental right to live with dignity under Article 21 of the Constitution. The court mandated the National Commission of Women to prepare a scheme for the rehabilitation of the rape victims

Posted in Criminal Law 1 comments |   175 hits

Merely Because DNA Report Does Not Establish Paternity Is No Ground For Release On Bail

 05 September 2020

In a well-balanced, well-analysed, well-worded and well-reasoned judgment delivered by a woman Judge named Justice Bharati Dangre of the Bombay High Court in a latest, landmark and laudable judgment titled Vaibhav Bhanudas Ubale Vs The State of Mah

Posted in Criminal Law |    0 comments |   199 hits

Transfer of criminal case from Bombay to Delhi

 27 August 2020

The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried.

Posted in Criminal Law |    0 comments |   164 hits

Indian Evidence Act, 1872- Section 27- Shri Silash Singh Kurid v. The State

 20 July 2020

The Trial Court on the examination of the evidence and materials on record held that the circumstantial evidence surrounding the commission of the offence clearly connected the accused persons with the offence and it further ordered conviction under

Posted in Criminal Law |    0 comments |   221 hits

Where in a case of murder, the FIR given by the accused contained confession as well as incriminating facts, it was held to be not admissible in evidence

 17 July 2020

Upon hearing the parties to the case, the Court held that the accused was guilty of the offence under Section 302 IPC. However, the capital punishment awarded by the Sessions Court was set aside and life imprisonment was awarded. The Court further

Posted in Criminal Law |    0 comments |   220 hits



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