conviction Archives

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

Case Briefs High Courts

Gau HC | “Nature of injury does not suggest that the appellant acted in cruelty”; HC converts conviction for murder into culpable homicide

Gauhati High Court: The Division Bench of Suman Shyam and Mir Alfaz Ali, JJ., heard the instant petition against the judgment and

Case Briefs Supreme Court

High Court convicts a man for corruption without cogent reasons after Trial Court acquits him. Supreme Court reminds courts to take utmost care in scanning evidence before recording conviction

“Initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court.”

Case Briefs Supreme Court

“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act

Supreme Court: In a case relating to Prevention of Corruption Act, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and M.R.

Case Briefs High Courts

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

Case Briefs High Courts

Ker HC | HC upholds concurrent findings of conviction and sentence of Trial Court and Appellate Court sought to be set aside in revision petition

Kerala High Court: N.Anil Kumar, J., allowed the instant revision petition against the concurrent findings of the Trial Court and the Appellate

Case Briefs High Courts

Chh HC | Degree of proof which is necessary to order conviction in a criminal case is different from degree of proof necessary to record commission of delinquency in a departmental proceeding

Chhattisgarh High Court: P. Sam Koshy J., dismissed the petition stating that no interference is required at this juncture keeping in mind

Hot Off The Press News

NHRC issues SOP on collection & processing of scientific/forensic evidences in case of sexual assault on women to ensure effective prosecution leading to conviction

The National Human Rights Commission, NHRC, India, in order to ensure effective prosecution leading to conviction in cases of sexual assault on

Case Briefs High Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

All HC | In case there is conviction of less than 5 persons for the offence of ‘Dacoity’, is it necessary to prove that 5 or more persons aided the crime? Court explains

Allahabad High Court: Saurabh Shyam Shamshery, J., while addressing a criminal appeal observed that “Conviction for “Dacoity” of less than five persons is

Case Briefs High Courts

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties