conviction Archives | Page 5 of 12

Explained| Does Army Act provide lesser punishment even for serious offences? Is a person not tried by Court Martial but by a Criminal Court at a disadvantageous position?

Supreme Court: In a case where it was argued before the bench of Dr. DY Chandrachud* and Surya Kant, JJ that in

Conviction sentence not to affect career and not be treated as a remark for employment; Kar HC confined the sentence to fine only in accordance with Ss. 279 and 337 IPC

Karnataka High Court: Sreenivas Harish Kumar, J., disposed of the petition and modified the judgment of the appellate court. The facts of

Case Briefs High Courts

Bom HC | Appellate court can reverse the finding and sentence of the trial court ordering re-trial

Bombay High Court: The Division Bench of S.S. Shinde and Milind N. Jadhav, JJ. allowed an appeal against conviction of the Appellant

Case Briefs Supreme Court

High Court’s Revisional jurisdiction under Section 401 Cr.P.C re power to reverse acquittal. SC answers important questions

Supreme Court: The bench of MR Shah* and Sanjiv Khanna, JJ has answered the following three important questions on the revisional jurisdiction

Case Briefs District Court

Person found to be driving in a drunk state, can his conviction be reduced in light of no previous conviction, clean past and remorse being expressed for such act? Read what Dwarka Court says

Dwarka Courts, New Delhi: Sushil Anuj Tyagi, ASJ while addressing a case of drink and drive, expressed that, “There has to be

Case Briefs Supreme Court

Trial Courts have freedom of mind to decide sensitive cases on merit; Appellate courts must refrain from reversing acquittal just for the sake of it: SC

Supreme Court: Reminding the Courts of the importance of hierarchy of Courts, the bench of Sanjay Kishan Kaul and MM Sundresh*, JJ

Case Briefs Supreme Court

Accused cannot be convicted for conspiracy only on the basis of co-accused’s confession: SC

“A few bits here and a few bits there on which prosecution relies, cannot be held to be adequate for connecting the accused with the commission of crime of criminal conspiracy.”

Case Briefs Supreme Court

Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case

“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”

Case Briefs High Courts

Jhar HC | Conclusion of Departmental proceeding on the ground of conviction by Trial Court; will subsequent acquittal by High Court affect the outcome of departmental proceeding?

Jharkhand High Court: Sanjay Kumar Dwivedi, J. while holding the reason assigned by the Director-General of Police (DGP) while rejecting the claim

Case Briefs Supreme Court

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive? SC explains

Supreme Court: The Division Bench of M.R. Shah and Aniruddha Bose, JJ., while addressing a matter noted that, Abetment by a person

Case Briefs Supreme Court

Absent direct evidence, SC invokes S. 113-A of Evidence Act to uphold conviction of husband, mother-in-law for abetment of suicide

Supreme Court: A Division Bench of S. Abdul Nazeer and Krishna Murari, JJ. refused to interfere in the judgment passed by the

Case Briefs High Courts

Ori HC | “India will be free when the women feel safe to walk in the streets of India in the midnight”; Conviction upheld under S. 341 IPC and S. 4 of POCSO Act

Orissa High Court: S. K. Sahoo, J., dismissed the petition being devoid of merits and upheld the conviction passed in the impugned

Case Briefs Supreme Court

Idiosyncrasies of colloquial terms, used for naming accused, could well be the difference between his conviction and acquittal: Supreme Court

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. took the liberty of disagreeing with one of the

Case Briefs Supreme Court

Ocular evidence to be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true: Supreme Court reiterates

Supreme Court of India: The Division Bench of Navin Sinha and R. Subhash Reddy, JJ., reiterated the value of ocular evidence while

Case Briefs High Courts

Ker HC | A monosyllabic “yes” does not amount to plea of guilty; HC issues detailed guidelines to be followed before convicting on plea of guilt

Kerala High Court: T.R.Ravi, J., held that a monosyllabic “yes” cannot amount to pleading guilty. The petitioner was convicted by the Magistrate

Op Eds OP. ED.

Branding as criminal or accentuating rehabilitation: Does State’s responsibility end with conviction

by Abhishek Goyal*

Case Briefs High Courts

Bom HC | Father rapes minor daughter, but conviction under S. 376(2) (i) IPC set aside. Why? Read Court’s opinion in light of S. 164 CrPC || Detailed Report

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., while addressing the present matter expressed that: “…relationship

Case Briefs Foreign Courts

Legislative definition of ‘mentally incapacitated’ does not include a person who is voluntarily intoxicated by alcohol. Minnesota SC reverses rape conviction

Supreme Court of Minnesota: While deciding instant matter wherein the Court had to determine whether the appellant committed a third-degree criminal sexual

Case Briefs Foreign Courts

Convicted for “invitation for sexual touching” and acquitted from “sexual assault”; Supreme Court of Canada guides Appellate Courts on inconsistent jury verdicts

Supreme Court of Canada: The Bench comprising of Wagner C.J., and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ., addressed

Case Briefs High Courts

Tri HC | Conviction under S. 42 Indian Forest Act, 1927 upheld; Court dismisses petition

Tripura High Court: S.G. Chattopadhyay, J., dismissed a criminal revision petition which had been filed challenging the judgment delivered by the Sessions