FIRST LAW

Arms Act, 1959 - Offences under Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. A.K. Sikri, S. Abdul Nazeer & M.R. Shah , JJJ. State of Madhya Pradesh v. Laxmi Narayan , Crl.A. No. 349 of 2019 05-03-2019

Anticipatory Bail - Abetment of Suicide. Bhausaheb v. State of Maharashtra, (2018) 3 SCC 221 : 2018 (2) Scale 341 : 2018 (1) RCR (Criminal) 987 : 2018 (2) SCC (Cri) 24 Crl.A. No. 194 of 2018 30-01-2018

1. Neeraj Safi v. State [Delhi High Court] Indian Penal Code, 1860 - Sections 302, 375 and 201 - The crime in the present case is indeed horrific. An elderly has been done to death in the most inhuman manner. The evidence placed on record by the prosecution, however, has failed to prove that it is the Appellant who is responsible for the crime. Howsoever strong a suspicion might be, it cannot constitute proof and is insufficient to return a finding of guilt. The case against the Appellant had to be proved beyond reasonable doubt. The prosecution has failed to do that in the present case. 2. State of Bihar v. Rohan Bind [Patna High Court] Indian Penal Code, 1860 - Sections 302, 376, 201 - Protection of Children from Sexual Offences Act, 2012 - Sections 4, 6, 8 - Code of Criminal Procedure, 1973 - Section 366 - Confirmation of Death Sentence - If the 'capital punishment' is altered to the imprisonment of the appellant for life, this will meet the requirement. In such c...

Criminal Procedure Code, 1973 - S.161 - Panchnama of statement of a witness recorded by the I.O. (not a statement u/S 161 CrPC), is not admissible in evidence - Accused cannot be convicted on the basis of such document when witness has turned hostile.

Indian Penal Code, 1860 -  Section 302 -  Once the Sessions Judge found the accused guilty for commission of the offence of the murder punishable under Section 302 IPC, the only punishment that can be awarded in law is either the “death penalty” or “imprisonment for life” and the “fine”.

Penal Code, 1860 - Ss. 302 & 34 - Unlawful Activities (Prevention) Act, 1967 - Ss. 15, 16, 17, 18 & 20 - Accused was a senior leader of 'Popular Front of India' - Whether the 'Popular Front of India', is not a banned organization and therefore, inclusion of offences under the UA Act, was unwarranted. 

Probation of Offenders Act, 1958 -  Penal Code, 1860 - Ss. 279, 337, 338 & 304A -  Rash driving or riding on a public way -  Causing hurt /  grievous hurt  by act endangering life or personal safety of others -  Causing death by Negligence -  Bearing in mind the galloping trend in road accidents in India and the devastating consequences visiting the victims and their families, criminal courts cannot treat the nature of the offence under Section 304-A IPC as attracting the benevolent provisions of Section 4 of the Probation of Offenders Act.

Indian Penal Code, 1860 - Ss. 420, 409, 384 & 120 B - E ssential Ingredients - D ishonest intention should exist at the very inception of the promise made.

Criminal Procedure -  Delay in lodging FIR -  Delay in lodging of FIR by itself cannot be a ground to doubt the prosecution case and discarding the delay in lodging FIR would put the Court on its guard to search if any plausible explanation has been offered for the delay and if offered whether it is satisfactory or not.  There can be no hard and fast rule that any delay in lodging FIR would automatically render the prosecution case doubtful.

1. Amur Chand Agrawal v. Shanti Bose, AIR 1973 SC 799 The revisional jurisdiction should normally be exercised in exceptional cases when there is a glaring defect in the proceedings or there is a manifest error of point of law and consequently there has been a flagrant miscarriage of justice.

Whether conviction of an Indian by a foreign Court for the offence committed in that country can be taken notice of by the Courts or authorities in India and such conviction would be binding on Courts and authority in India while trying such person for such offence in India?

Indian Penal Code, 1860 - Ss. 363, 366, 376 -  the victim was aged between 12 to 13 years at the time of occurrence and she was enticed away by the appellant-accused and kept in a room for a long period and appellant committed rape with her, there is no adequate and special reason for reducing the minimum sentence of seven years imposed by learned Trial Court against the appellant-accused under Section 376 I.P.C.

Indian Penal Code, 1860 - Ss. 294, 306, 34 - A  person can be said to have instigated another person, when he actively suggests or stimulates him by means of language, direct or indirect. Instigate means to goad or urge forward or to provoke, incite, urge or encourage to do an act.

Evidence Law - Indian  Penal Code, 1860 - Ss. 363/34 IPC, 377/511 r/w. 34 & 302/34 - Kidnapping - Unnatural Sex - Medical Evidence - Circumstantial Evidence.

Indian Penal Code, 1860 - Ss. 498A & 302 -  Only if the element of cruelty as projected under Section 498A IPC is proved, the conviction against the accused will lie.