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”.
conviction
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.
Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release
Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.
Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution
The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.
Never Reported Judgment| Conviction cannot be based on ‘shifty and treacherous’ statements of eyewitnesses [(1952) 2 SCC 186]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on credibility of the witness.
Dowry Death by Suicide| Subjecting a woman to a life akin to a slave merely because of her marital status is an egregious injustice: Delhi High Court
The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.
Conviction can be based only on cogent, reliable and credible evidence of official witnesses: Himachal Pradesh High Court
“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.
Disclosures in criminal matter cannot unreasonably step over right to privacy: Supreme Court acquits woman accused of killing newborn
“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”
Dying declaration may be sole basis of conviction, but Courts must conclude it to be trustworthy, reliable and one which inspires confidence: Supreme Court
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
Never Reported Judgment | When Supreme Court relied on the testimony of injured eyewitnesses present at the spot in close proximity, for identification of the accused persons [(1952) 1 SCC 404]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the credibility of injured eyewitnesses.
Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.
Cruelty and Dowry Death | ‘Rare and exceptional case’ prompts Bombay High Court to stay conviction of mother-in-law
Bombay High Court expressed that it was persuaded to stay her conviction due to the fact that she was employed as a sweeper and had to provide for basic needs of her grandchildren.
“Mother’s evidence is the best evidence in such cases”; Calcutta High Court upholds conviction under Section 377 of IPC in 3-year-old’s sexual assault case
Calcutta High Court held that there does not appear to be any discrepancies in the statements and evidence provided, therefore the same can be considered reliable and trustworthy, beyond all reasonable doubt.
Can conviction for attempt to murder sustain when injuries were very simple? Supreme Court answers
Supreme Court opined that the Trial Court, as well as, the Bombay High Court have rightly appreciated the evidence and convicted the convict for the offence punishable under Sections 307 and 332 of the IPC
Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.
“Shiver runs down the spine”; J&K and Ladakh HC upholds conviction and sentence of grandfather who raped his 1-year-old granddaughter
“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.