[Soumya Vishwanathan Murder Case] Supreme Court seeks reply of four convicts on Delhi Police’s plea
Soumya Viswanathan was a journalist working with India Today when she was found dead in her car in Vasant Kunj in 2008
conviction
Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused
The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.
‘No parent of any girl in our society can damage reputation of their daughter regarding her chastity’; Patna HC upholds conviction u/s 376 of IPC
The Court observed that the parents of the victims were illiterate and that the appellant’s allegations of false implications and extortion on the victim’s family’s part did not inspire any confidence as per evidence on record.
Madras High Court sets aside conviction and 3-year sentence of former AIADMK Minister Balakrishna Reddy in a 1998 Riot case
“Once the theory of the prosecution about burning the police jeep is unbelievable, and there is no other evidence on the side of the prosecution to convict the appellants for the offences under Sections 3 or 4 of the TNPPDL Act, the case of the prosecution has to fall in toto”
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
Bombay HC acquits four gang members convicted of murdering and attempting to murder rival gang members
The Court held that the benefit of reasonable doubt shall be given to the appellants and therefore partly allowed both the appeals, by acquitting them under Section 302 of IPC, and releasing the incarcerated appellants sentenced under Section 307 of IPC, for having served the ordered sentence period.
‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide
The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.
[Coal Scam] Delhi HC stays Former Minister Dilip Ray’s conviction to enable him to contest elections of Odisha Legislative Assembly
It is clarified that this order does not amount to acquittal but is merely suspension of conviction in peculiar circumstances of the case including the long political career of appellant and his age.
Calling wife ‘bhoot’, ‘pisach’ not cruelty; Patna High Court sets aside husband’s conviction u/s 498-A IPC
The case under 498-A of the Penal Code, 1860 seems to be the outcome of a personal grudge and differences between both the parties.
‘Gross violation of mandate under JJ Act’: Supreme Court reverses POCSO conviction
Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC
The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.
24 years after a woman’s suicide, Supreme Court finds no evidence to convict accused for abetting the same
Supreme Court raised doubts that if prosecution version was to be believed, there had to be presence of syringe and needle or a container at the scene of occurrence.
‘Law has more focus on reformatory side’; Tripura HC commutes death sentence to life imprisonment of a man convicted for murdering five people
“The sword of justice given to a Judge has to be exercise with utmost responsibility and judiciously considering the reforms.”
‘Mere recovery of amount cannot prove alleged demand of bribe’; Telangana HC sets aside conviction against Sub-Inspector of Police
“The Investigating Officer becomes functus officio when charge sheet is filed after investigation, unless there will be further investigation under Section 173(8) of the Criminal Procedure Code, 1973.”
Know what led the Supreme Court to set aside private tutor’s conviction in 1996 Rape Case
Supreme Court concluded that both the Courts below “completely misread the material available on record”.
Calcutta High Court upholds conviction under the Prevention of Food Adulteration Act, 1954; orders immediate imprisonment and fine recovery
“Revisional jurisdiction is basically supervisory in nature and may be exercised only when there is glaring defect in procedure or there may be a manifesting error on a point of law, resulting in a flagrant miscarriage of justice.”
Never Reported Judgment | Conviction u/s 420 of IPC made out when cheating/dishonest inducement to take delivery of property is proved on transaction date, not on subsequent dates [(1952) 2 SCC 486]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 420 of the Penal Code, 1960.
Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape
“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”
Calcutta High Court affirms conviction under Section 138 of NI Act; upholds Lower Courts’ findings on Part Payment Evidence
Calcutta High Court upheld the lower courts’ conclusion regarding the unreliability of Exhibit A and Exhibit B as the petitioners’ defense did not raise a reasonable doubt.
Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony
Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.