IMPORTANT DECISIONS
 Additional accused - Newly added accused has right to cross examine witnesses who were examined before framing of charge. 2010(1) Criminal Court Cases 759 (S.C.)
Bail - Order obtaining by playing fraud with Court - Sufficient to recall the order of bail. 2010(1) Criminal Court Cases 752 (P&H)
Cheating - Can be committed in the commercial as well as money transactions. 2010(1) Criminal Court Cases 779 (S.C.)
Civil & Criminal liability - Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. 2010(1) Criminal Court Cases 779 (S.C.)
Complaint case and police case - Same occurrence - Police case under IPC whereas subsequently complaint filed for offence under SCST Act - Offending words used not disclosed to police - Complaint filed with malafide intention and to wreak vengeance - Complaint and summoning order quashed - Police case to continue. 2010(1) Criminal Court Cases 815 (P&H)
 Compliance of S.50 NDPS Act - Communication need not be in writing - However, such communication should be made in the presence of some independent and respectable persons witnessing the arrest and search. 2010(1) Criminal Court Cases (H.P.) 764 (DB)
Compliance of S.50 NDPS Act - Offer of search in presence of a Magistrate or a Gazetted Officer is altogether different from making aware the accused that he has such a right. 2010(1) Criminal Court Cases (H.P.) 764 (DB)
Defective investigation - Blood stained clothes not sent for chemical examination - Not a ground to discredit the testimony of the victim. 2010(1) Criminal Court Cases 767 (S.C.)
Delay of 12 hours in sending FIR to Illaqa Magistrate - Delay not explained - Possibility of ante-timing the same cannot be ruled out. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit. 2010(1) Criminal Court Cases 951 (S.C.)
Dishonour of cheque - Affidavit - Inadmissible portion in affidavit - On objection Court will deal with those objections in accordance with law. 2010(1) Criminal Court Cases 951 (S.C.)
Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - Objection of validity or sufficiency of proof of document can be raised - If objections are sustained it is always open to the prosecution to have the concerned witness summoned and get the lacuna in the proof of the documents corrected. 2010(1) Criminal Court Cases 951 (S.C.)
Dishonour of cheque - Evidence on affidavits - Cross examination of deponent - On appearance in Court there is no necessity to depose verbally what is already stated in affidavit. 2010(1) Criminal Court Cases 951 (S.C.)
Dishonour of cheque - Loan advanced by husband but cheque issued in favour of wife - Husband not examined - No proof of advancing loan - Accused acquitted. 2010(1) Criminal Court Cases 887 (Karnataka)
Dying declaration - Certificate of fitness by doctor not required when dying declaration is recorded by Magistrate. 2010(1) Criminal Court Cases 820 (S.C.)
Extra judicial confession made while accused was brought to Court for extension of judicial remand - It is not the case of accused that to the hearing of police officer who brought him to the Court premises, he had made confessional statement - Held, it is not probabilised by the defence that the accused was in custody of police officer while he had made extra judicial confession. 2010(1) Criminal Court Cases 827 (S.C.)
Fire arm injury - Pistol and bullet recovered - Not proved that bullet was fired from the pistol of accused - It is not a fault but a deliberate act as IO knew well that pistol was not used in the crime. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
Firing from a very close distance - No blackening or scorching found on the wound - Bullet would have gone outside the skull - However, bullet found in the skull - Shows that firing was not done in the manner as disclosed. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
If facts deposed u/s 27 Evidence Act - are not voluntary, then it will not be admissible and will be hit by Article 20(3) of the Constitution of India. 2010(1) Criminal Court Cases 737 (S.C.)
Independent witnesses - Not present at the time of occurrence but were introduced as witnesses - Held, accused is falsely implicated. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Motive - Set up by prosecution not proved - Case of prosecution becomes doubtful. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Place of occurrence - Blood not collected from place of occurrence - It shows that there was no blood at the spot hence it was not collected - Place of occurrence not proved. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
Purchase of Insurance stamps from outside the State and thus causing loss to the State exchequer - Stamps property of Central Govt. - It is legally untenable to contend that the insurance stamps must be purchased from within the State - Proceedings quashed. 2010(1) Criminal Court Cases 842 (S.C.)
Sniffer dog - Police dog traced the scent from the place of incident to the house of accused - It is no evidence in the eye of law. 2010(1) Criminal Court Cases 865 (S.C.)
Suicide result of a petty civil dispute - If it led to the deceased extinguishing his own life, the blame cannot be thrown at someone else's door. 2010(1) Criminal Court Cases 733 (Delhi)
Test identification parade - Accused identified by the witnesses at the time of arrest itself - Holding identification parade would have been a futile exercise/inconsequential. 2010(1) Criminal Court Cases 789 (S.C.)
Wilful neglect to perform duty - A mere neglect in the performance of the duty even though it may be an erroneous one is not to be taken or branded as a wilful neglect to perform duty. 2010(1) Criminal Court Cases DEX (P&H) 898
SUBJECT INDEX
Adverse remarks
Adverse remarks against defence counsel - It is the defence counsel who can request for expunging those remarks - Appellant has no locus standi to challenge those observations. 2010(1) Criminal Court Cases 802 (P&H)
Arms Act, 1959
Arms Act, 1959, S.17 - Arms licence - Cancellation - Mere pendency of criminal case not a ground for cancellation of arms licence - Impugned order quashed - Matter remitted so as to consider the question as to whether there was any threat of public peace and tranquility or not. 2010(1) Criminal Court Cases 879 (Allahabad)
Arms Act, 1959, S.25(1)(b)(a) - If a police officer is arresting an accused and recovering a katta and cartridges from him as well as lodging the FIR as complainant, he should not proceed with the investigation being the complainant. 2010(1) Criminal Court Cases 776 (M.P.)
Chance witness
Chance witness - Conduct of chance witness, subsequent to the incident may also be taken into consideration particularly as to whether he has informed anyone else in the village about the incident. 2010(1) Criminal Court Cases 789 (S.C.)
Chance witness - Evidence of a chance witness requires a very cautious and close scrutiny and a chance witness must adequately explain his presence at the place of occurrence. 2010(1) Criminal Court Cases 789 (S.C.)
Circumstantial evidence
Circumstantial evidence - Conviction can be based solely on circumstantial evidence but it should be tested by the touch-stone of law relating to circumstantial evidence. 2010(1) Criminal Court Cases 865 (S.C.)
Circumstantial evidence - Facts alleged as the basis of any legal inference from circumstantial evidence must be clearly proved beyond any reasonable doubt - All links in the chain of evidence must be proved beyond reasonable doubt and they must exclude the evidence of guilt of any other person than the accused. 2010(1) Criminal Court Cases 737 (S.C.)
Circumstantial evidence - Law as to - Enumerated. 2010(1) Criminal Court Cases 865 (S.C.)
Circumstantial evidence - Merely because blood stains were found on the jersey of the accused from the septic tank in the house of accused and burnt pant, that is inconsequential since his blood group is also 'B' - Weapon used was stone whereas weapon recovered from the septic tank is 'Kadbatodi' - No finger printing done - Blood of accused collected but same not sent for chemical analyzer - Complete chain of circumstances not proved - Accused cannot be said to be the author of the crime. 2010(1) Criminal Court Cases 865 (S.C.)
Circumstantial evidence - The circumstances from which the conclusion of guilt is to be drawn should, in the first instance, be fully established - Each fact must be proved individually and only thereafter the Court should consider the total cumulative effect of all the proved facts, each one of which reinforces the conclusion of the guilt - If the combined effect of all the facts taken together is conclusive in establishing the guilt of the accused, the conviction would be justified even though it may be that one or more of these facts, by itself is not decisive - The circumstances proved should be such as to exclude every hypothesis except the one sought to be proved - But this does not mean that before the prosecution case succeeds in a case of circumstantial evidence alone, it must exclude each and every hypothesis suggested by the accused, howsoever extravagant and fanciful it might be - There must be a chain of evidence so far complete as not to leave any reasonable ground for conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability, the act must have been done by the accused. 2010(1) Criminal Court Cases 827 (S.C.)
Civil & Criminal liability
Civil & Criminal liability - Merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. 2010(1) Criminal Court Cases 779 (S.C.)
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, S.4 - Preventive detention - Delay - Order of detention passed eight months after seizure - Detention order not liable to be quashed as there was no undue delay so as to snap the link between the incident and the alleged potentiality of the detenu in indulging in smuggling activities as there is proximity to the alleged offence and the detention order. 2010(1) Criminal Court Cases 850 (S.C.)
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, S.4 - Preventive detention - Order of preventive detention can be passed on the basis of single act of smuggling - In the instant case order of detention was passed by taking into consideration smuggling on eight earlier occasions - There was nothing to show that earlier imports were in contravention of provisions of Custom Act or that they could have been regarded as having been smuggled into the country within the meaning of S.2(39) of the Act - Consideration of earlier acts irrelevant and conclusion on extraneous matters cannot be sustained - Order of Preventive Detention quashed. 2010(1) Criminal Court Cases 50 (S.C.) 8 3" 3
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, S.4 - Preventive detention - Representation - Considered and rejected - Order conveyed within 17 days - Cannot be said that there was any delay. 2010(1) Criminal Court Cases 850 (S.C.)
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, S.4 - Preventive detention - Single act - Can constitute the basis for issuing an order of detention. 2010(1) Criminal Court Cases 850 (S.C.)
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, S.4 - Preventive detention - Smuggling - In the absence of a proper enquiry and arrival at a conclusion in terms of S.111 or S.113 it cannot be concluded that smuggling had taken place. 2010(1) Criminal Court Cases 850 (S.C.)
Criminal Procedure Code, 1973
Criminal Procedure Code, 1973, S.154 - FIR - Credibility of FIR shaken - FIR not written at the time mentioned in FIR - Reliance cannot be placed on such FIR - Prosecution story as set up in FIR cannot be believed beyond all reasonable doubts. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
Criminal Procedure Code, 1973, S.154 - FIR - Delay - Requisition sent by hospital to police to record the statement of deceased whose condition was serious - Requisition was sent to police on 09.04.1995 and formal FIR recorded on 12.04.1995 - On the basis of information received by police the police stated investigation by sending a requisition to the Magistrate which was followed up by recording the statement of the deceased by police - Held, delay in recording formal FIR stands explained. 2010(1) Criminal Court Cases 820 (S.C.)
Criminal Procedure Code, 1973, S.154 - FIR - If it is found that FIR was the result of some deliberations then an argument is available to the accused to show that no importance should be attached to the prosecution version as disclosed in the FIR as time was utilized to concoct and fabricate the prosecution story wholly or partly. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Criminal Procedure Code, 1973, S.154 - FIR - Name of appellant's not mentioned - Complainant could identify some of the assailants if they come before him - Complainant was not aware of the names of all the accused persons - Name of appellants' included by IO - Held, FIR is not encyclopedia of all the facts relating to crime - At the time of lodging FIR the informant should state all those facts which normally strike to mind and help in assessing the gravity of the crime or identity of the culprit briefly. 2010(1) Criminal Court Cases 789 (S.C.)
Criminal Procedure Code, 1973, S.157 - Delay of 12 hours in sending FIR to Illaqa Magistrate - Delay not explained - Possibility of ante-timing the same cannot be ruled out. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Criminal Procedure Code, 1973, S.157 - FIR - Sending to Illaqa Magistrate - Time at which the special report was received by the Magistrate goes a long way in coming to proper conclusion as to time at which the FIR may have been written/lodged or registered - The prompt registration of the first information report without delay immediately following the commission of the offence, ensures that the complainant party did not have the time to deliberate and consult before bringing the prosecution version on the record. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Criminal Procedure Code, 1973, S.204 - Issuance of process - Magistrate while issuing process against the accused should satisfy himself as to whether the allegations in the complaint, if proved, would ultimately end in the conviction of the accused. 2010(1) Criminal Court Cases 842 (S.C.)
Criminal Procedure Code, 1973, S.222 - A person charged for an offence can be convicted of an attempt to commit such an offence although the attempt is not separately charged. 2010(1) Criminal Court Cases 817 (Chhattisgarh)
Criminal Procedure Code, 1973, S.227 - Discharge at the stage of charge - At this stage Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding against the accused - Sufficiency of ground takes within its fold the nature of the evidence recorded by the police or the documents produced before the Court which ex facie disclose that there are suspicious circumstances against the accused so as to frame a charge against him. 2010(1) Criminal Court Cases 795 (S.C.)
Criminal Procedure Code, 1973, S.227 - Discharge at the stage of framing of charge - Suspicion alone, without anything more, cannot form the basis therefor or held to be sufficient for framing charge. 2010(1) Criminal Court Cases 795 (S.C.)
Criminal Procedure Code, 1973, S.235 - Sentence - Quantum - Punishment must fit the crime - It is the duty of the Court to impose proper punishment depending upon the decree of criminality and desirability to impose such punishment - As a measure of social necessity and also as a means of deterring other potential offenders, the sentence should be appropriate befitting the crime. 2010(1) Criminal Court Cases 709 (S.C.)
Criminal Procedure Code, 1973, S.248(2) - Quantum of sentence - Factors illustrative in nature but not exhaustive are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after several days; (e) The gravity, dimension and nature of injury; (f) The age and general health condition of the accused; (g) Whether the injury was caused without pre-meditation in a sudden fight; (h) The nature and size of weapon used for inflicting the injury and the force with which the blow was inflicted; (i) The criminal background and adverse history of the accused; (j) Whether the injury inflicted was not sufficient in the ordinary course of nature to cause death but the death was because of shock; (k) Number of other criminal cases pending against the accused; (l) Incident occurred within the family members or close relations; (m) The conduct and behaviour of the accused after the incident. Whether the accused had taken the injured/the deceased to the hospital immediately to ensure that he/she gets proper medical treatment. 2010(1) Criminal Court Cases 883 (S.C.)
Criminal Procedure Code, 1973, S.300(4), Indian Penal Code, 1860, Ss.406, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ss.3(1)(x) and (xi) - Complaint for offence u/ss 406, 420 IPC and S.3(1)(x) and (xi) referred to police for investigation u/s 156(3) Cr.P.C. - Police had earlier filed charge sheet qua the same occurrence for offence u/s 498-A IPC and advised complainant to seek his remedy under SCST Act separately in law - Legal right of complainant against offences covered by her second complaint and pursue same to its logical conclusion cannot be negatived. 2010(1) Criminal Court Cases 890 (A.P.)
Criminal Procedure Code, 1973, S.313 - Incriminating circumstance regarding motive to commit crime - Not put in statement u/s 313 Cr.P.C. - The same cannot be taken into consideration against the accused to convict him. 2010(1) Criminal Court Cases (Allahabad) 942 (DB)
Criminal Procedure Code, 1973, S.319 - Additional accused - Newly added accused has right to cross examine witnesses who were examined before framing of charge. 2010(1) Criminal Court Cases 759 (S.C.)
Criminal Procedure Code, 1973, S.319 - Additional accused - Summoning of - Additional accused cannot be summoned merely on the existence of prima facie case - It is further required that material which is brought before the Court is of such a nature as satisfies the Court that it would reasonably lead to conviction of the person sought to be summoned. 2010(1) Criminal Court Cases 858 (P&H)
Criminal Procedure Code, 1973, S.319 - Additional accused - Trial Court after considering material available on record coming to conclusion that there are no solid ground for taking proceeding and summoning the respondents - No interference. 2010(1) Criminal Court Cases 747 (Rajasthan)
Criminal Procedure Code, 1973, S.319 - Additional accused - Witness examined but not cross examined - Court on the basis of such examination can summon an additional accused - There is no legal requirement to wait conclusion of cross examination of the witness before considering a person as an additional accused. 2010(1) Criminal Court Cases 858 (P&H)
Criminal Procedure Code, 1973, Ss.320, 482 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ss.3, 4 - Non compoundable offence - Of the seven accused, complainant entered into compromise with one accused - Proceedings qua one accused quashed. 2010(1) Criminal Court Cases 898 (P&H)
Criminal Procedure Code, 1973, S.378 - Appeal against acquittal - Appellate Court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded - However, an appellate Court must bear in mind that in case of acquittal, there is double presumption in favour of the accused - Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law - Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court - If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court. 2010(1) Criminal Court Cases 767 (S.C.)
Criminal Procedure Code, 1973, Ss.397, 401 - Revision - Disposing of application without issuance of notice to the appellants - Appellants prejudiced by the impugned order - Impugned order set aside - Matter remitted to High Court for decision afresh. 2010(1) Criminal Court Cases 915 (S.C.)
Criminal Procedure Code, 1973, Ss.409, 420 - Sale of plot on the basis of power of attorney - Power of attorney had already been cancelled which fact was within the knowledge of accused - Offence u/ss 409 & 420 IPC made out - No ground to quash FIR. 2010(1) Criminal Court Cases 937 (S.C.)
Criminal Procedure Code, 1973, S.438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3, Indian Penal Code, 1860, Ss.336, 452, 427, 323, 506 IPC - Bail - Offence u/s 336, 452, 500 IPC and SCST Act - Section of SCST Act under which offence committed not mentioned - Dispute is primarily of business dealings - State does not require the custody of petitioner - Interim bail granted made absolute. 2010(1) Criminal Court Cases 881 (P&H)
Criminal procedure Code, 1973, S.439(2) - Bail - Cancellation - Accused by playing fraud with Court obtained bail order - Mere fact that bail is procured with fraud is sufficient to recall the order of bail. 2010(1) Criminal Court Cases 752 (P&H)
Criminal procedure Code, 1973, S.439(2) - Bail - Cancellation - Complainant is entitled to move an application for cancellation of bail as he is an aggrieved person and also an important witness. 2010(1) Criminal Court Cases 752 (P&H)
Criminal Procedure Code, 1973, S.439(2) - Bail - Cancellation - Liberty of bail not abused - Application dismissed. 2010(1) Criminal Court Cases 911 (Rajasthan)
Criminal Procedure Code, 1973, S.439(2) - Bail - Cancellation - Parameters of granting and cancelling bail are different. 2010(1) Criminal Court Cases 911 (Rajasthan)
Criminal Procedure Code, 1973, S.482 - Quashing of FIR - Power when to be exercised - Enumerated. 2010(1) Criminal Court Cases 842 (S.C.)
Defective investigation
Defective investigation - Blood stained clothes not sent for chemical examination - Failure of investigating agency cannot be a ground to discredit the testimony of the victim - Victim had no control over the investigating agency and the negligence, if any, of the investigating officer could not affect the credibility of the statement of victim. 2010(1) Criminal Court Cases 767 (S.C.)
Essential Commodities Act, 1955
Essential Commodities Act, 1955, S.7 - Spurious cement - Recovery of 90 bags - Delay of 9 days in sending sample for analysis - Seales of sample found intact when it reached laboratory - Laboratory found samples fit for analysis - No prejudice caused to accused on account of taking samples in cloth bags instead of polythene bags - Held, delay by itself is not sufficient to cause any dent in the prosecution case. 2010(1) Criminal Court Cases 926 (P&H)
Essential Commodities Act, 1955, S.7 - Spurious cement - Recovery of 90 bags - Driver of vehicle from which bags were recovered stated that on the day of recovery none came to him to hire the said vehicle - No cement was loaded in the said vehicle on that day and cement was not recovered from the vehicle in question - He deposed that his signatures were obtained on blank papers - Does not appear to be plausible - Case of prosecution cannot hinge on the statement of a single witness. 2010(1) Criminal Court Cases 926 (P&H)
Essential Commodities Act, 1955, S.7 - Spurious cement - Recovery of 90 bags - Non joining of independent witnesses - Despite efforts by IO non was ready to join - Evidence of official witnesses cannot be disbelieved merely on account of their official status. 2010(1) Criminal Court Cases 926 (P&H)
Essential Commodities Act, 1955, S.7 - Spurious cement - Recovery of 90 bags - Sample sent to FSL - Contents not conforming to ISI standards - Cement was not bought for construction of house or for repairs - No case set up that cement was for construction of house - Mere possession of such a big haul of spurious cement clearly give rise to an inference that the same was for sale only and not for any other purpose. 2010(1) Criminal Court Cases 926 (P&H)
Essential Commodities Act, 1955, S.7, Probation of Offenders Act, 1958, Ss.3, 4 - Accused convicted under Essential Commodities Act and sentenced to 2 years RI - Accused faced protracted trial for 13 years - Request for release on probation rejected. 2010(1) Criminal Court Cases 926 (P&H)
Evidence Act, 1872
Evidence Act, 1872, S.9 - Identification parade - Delay - Merely on ground of delay outcome of identification parade cannot be thrown out if the same was properly done after following the procedure. 2010(1) Criminal Court Cases 709 (S.C.)
Evidence Act, 1872, S.9 - Identification parade - Failure to conduct - Does not make the evidence of identification in Court inadmissible. 2010(1) Criminal Court Cases 709 (S.C.)
Evidence Act, 1872, S.9 - Identification parade - Necessity arises only when accused are not previously known to witnesses. 2010(1) Criminal Court Cases 709 (S.C.)
Evidence Act, 1872, S.9 - Identification parade - Not a substantive evidence - It is only corroborative of the statement in Court. 2010(1) Criminal Court Cases 709 (S.C.)
Evidence Act, 1872, S.9 - Identification parade - There is no provision in the Cr.P.C. entitling the accused to demand that an identification parade should be held at or before the inquiry of the trial - The fact that a particular witness has been able to identify the accused at an identification parade is only a circumstance corroborative of the identification in Court. 2010(1) Criminal Court Cases 709 (S.C.)
Evidence Act, 1872, S.9 - Identification parade - (1) Must be conducted as early as possible - Delay, if any, should be properly explained - Authorities must make sure that delay does not result in exposure of the accused which may lead to mistakes on the part of the witnesses. 2010(1) Criminal Court Cases 709 (S.C.)
Evidence Act, 1872, S.9 - Test identification parade - Accused identified by the witnesses at the time of arrest itself - Holding identification parade would have been a futile exercise/inconsequential. 2010(1) Criminal Court Cases 789 (S.C.)
Evidence Act, 1872, S.9 - Test identification parade - Not a substantive evidence - TIP is meant for the purpose of helping the investigating agency with an assurance that their progress with the investigation into the offence is proceeding on right lines. 2010(1) Criminal Court Cases 37 (S.C.) 7 3S 3
Evidence Act, 1872, S.9 - Test identification parade - Where the accused has been arrested in presence of the witness accused has been shown to the witness or even his photograph has been shown by the Investigating Officer prior to test identification parade, holding identification parade in such facts and circumstances remains inconsequential. 2010(1) Criminal Court Cases 789 (S.C.)
Evidence Act, 1872, S.24 - Extra judicial confession - There is neither any rule of law nor of prudence that the evidence furnishing extra-judicial confession cannot be relied upon unless corroborated by some other credible evidence - The evidence relating to extra-judicial confession can be acted upon if the evidence about extra-judicial confession comes from the mouth of a witness who appears to be unbiased and in respect of whom even remotely nothing is brought out which may tend to indicate that he may have a motive for attributing an untruthful statement to the accused. 2010(1) Criminal Court Cases 827 (S.C.)
Evidence Act, 1872, S.26 - Extra judicial confession made while accused was brought to Court for extension of judicial remand - Accused could not probabilise his defence that he was in custody of police officer - Accused could not name the police officer who had brought him to the Court premises for extension of judicial remand - It is not the case of accused that to the hearing of police officer who brought him to the Court premises, he had made confessional statement - Held, it is not probablised by the defence that the accused was in custody of police officer while he had made extra judicial confession. 2010(1) Criminal Court Cases 827 (S.C.)
Evidence Act, 1872, S.27 - If facts deposed u/s 27 are not voluntary, then it will not be admissible and will be hit by Article 20(3) of the Constitution of India. 2010(1) Criminal Court Cases 737 (S.C.)
Evidence Act, 1872, S.27, Criminal Procedure Code, 1973, Ss.100(4), 100(5) - Material discovered pursuant to the facts deposed by the accused in police custody - Reliability - Depends on facts of each case - If discovery is otherwise reliable, its evidentiary value is not diluted just by reason of non compliance with the provision of S.100(4) or S.100(5) of the Code. 2010(1) Criminal Court Cases 737 (S.C.)
Evidence Act, 1872, S.30 - Confession - Not admissible against co-accused where the accused who made the confession was not tried along with the other accused. 2010(1) Criminal Court Cases 795 (S.C.)
Evidence Act, 1872, S.32 - Dying declaration - Recorded by Magistrate - Certificate of fitness by doctor - Not required when dying declaration is recorded by Magistrate - It is the testimony of the Magistrate that declarant was fit to make statement which gains importance and reliance can be placed upon declaration even in the absence of the doctor's certificate provided the Court ultimately holds the same to be voluntary and truthful. 2010(1) Criminal Court Cases 820 (S.C.)
Evidence Act, 1872, S.45 - Finger prints - Evidence of finger print expert is not substantive evidence - Such evidence can only be used to corroborate some items of substantive evidence which are otherwise on record. 2010(1) Criminal Court Cases 737 (S.C.)
Evidence Act, 1872, S.106, Indian Penal Code, 1860, S.302 - Presumption u/s 106 Evidence Act - In a trial for murder it is extremely weak in comparison with the dominant presumption of innocence. 2010(1) Criminal Court Cases 737 (S.C.)
Evidence Act, 1872, S.106, Indian Penal Code, 1860, S.302 - Strangulation of wife within 12 months of marriage at matrimonial home - No eye witness of the occurrence - Husband to prove the fact as to how the wife died as that fact is specially within his knowledge - No explanation by the husband - Conviction upheld. 2010(1) Criminal Court Cases 908 (S.C.)
Evidence Act, 1872, S.154 - Hostile witness - Evidence of hostile witnesses, which support the case of prosecution, may be relied on and can be accepted by the Court - Evidence of the hostile witnesses has to be considered in the light of other evidence on record. 2010(1) Criminal Court Cases 933 (A.P)
Fire arm injury
Fire arm injury - Firing from a very close distance - No blackening or scorching found on the wound - If fire had taken place in the manner as alleged by PWs then it was more probable that the bullet would have gone outside the skull and would not have been found in the skull - Held, it shows that firing was not done in the manner as told by PWs and as such their witnessing the occurrence is doubtful. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
Fire arm injury - Pistol and bullet recovered - It was not confirmed whether the bullet which caused the death was fired from the pistol of accused or not - Held, it is not a fault but a deliberate act as IO knew well that pistol was not used in the crime. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
Independent witnesses
Independent witnesses - Found to be not present at the time of occurrence but were introduced as witnesses - Held, trial Court was right in coming to conclusion that accused was falsely implicated. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Indian Penal Code, 1860
Indian Penal Code, 1860, Ss.107, 306 - Suicide - Abetment - A person, who instigates or aids another to do a thing, abets him to do that thing - An overt act or some act or omission, which instigates/aids the victim to commit suicide is a sine qua non - Moreover, the said act or omission must be the immediate cause of the suicide - Presence of mens rea is a necessary concomitant of the offence of abetment. 2010(1) Criminal Court Cases 733 (Delhi)
Indian Penal Code, 1860, S.120-B - Criminal conspiracy - For an offence punishable u/s 120-B, the prosecution need not necessarily prove the perpetrators expressly agreed to do or caused to be done an illegal act; the agreement may be proved by necessary implication. 2010(1) Criminal Court Cases 937 (S.C.)
Indian Penal Code, 1860, S.120-B - Criminal conspiracy - There cannot be direct evidence to prove criminal conspiracy - Ingredients of the offence are that there should be an agreement between persons who are alleged to conspire and the said agreement should be for doing an illegal act or for doing by illegal means an act which itself may not be illegal - The essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both, and it is a matter of common experience that direct evidence to prove conspiracy is rarely available - Therefore, the circumstances proved before, during and after the occurrence have to be considered to decide about the complicity of the accused. 2010(1) Criminal Court Cases 937 (S.C.)
Indian Penal Code, 1860, S.302 - Murder - Strangulation of wife within 12 months of marriage at matrimonial home - Information of death not given either to the parents of wife or to the police - Neighbours informed the parents of deceased who further informed the police - Medical evidence that death was due to asphyxia as a result of compression of neck by human hands - Plea of alibi by husband found false - Offence took place within privacy of house and it was for husband to explain how the death took place - No explanation - Conviction of husband upheld. 2010(1) Criminal Court Cases 908 (S.C.)
Indian Penal Code, 1860, S.304 Part II - Custodial death - SHO beating a person in custody - Death - Act which was done with the knowledge of accused was likely by such act to cause death of deceased - Case falls within 3rd part of S.299 IPC and is punishable u/s 304 Part II IPC. 2010(1) Criminal Court Cases 895 (S.C.)
Indian Penal Code, 1860, S.304 Part II - Custodial death - SHO beating a suspect who was in policy custody - Accused convicted u/s 304 Part II IPC and sentenced to 8 years RI and fined Rs.2 lakhs - Incident 22 years old - Accused aged 67 years - Sentence reduced from 8 years to 5 years and amount of fine increased from 2 to 5 lakhs. 2010(1) Criminal Court Cases 895 (S.C.)
Indian Penal Code, 1860, S.304 Part II - Reduction in sentence - Murder by five persons by inflicting lathis and dandas - Deceased was 22 years of age - Accused convicted u/s 304 Part II and sentenced to 4 years RI - Request for reduction of sentence rejected as sentence was already by taking a lenient view - Young life at the age of 22 years was lost - Pendency of case for long time by itself do not justify any interference with the punishment particularly when accused was sentenced by taking a lenient view. 2010(1) Criminal Court Cases 923 (S.C.)
Indian Penal Code, 1860, Ss.306, 107 - Suicide result of a petty civil dispute blown out of all proportion - If it led to the deceased extinguishing his own life, the blame cannot be thrown at someone else's door. 2010(1) Criminal Court Cases 733 (Delhi)
Indian Penal Code, 1860, S.307 - Attempt to murder - Revolver shot at the chest of victim - Revolver recovered - Injured did not identify the accused to be the person who had fired the shot - Merely because he is the owner of the weapon is not a ground to convict u/s 307 IPC - Accused acquitted. 2010(1) Criminal Court Cases 813 (S.C.)
Indian Penal Code, 1860, S.307 - Attempt to murder - Testimony of injured witness and informant not reliable - Motive not established - Fact that injured witness was coming on cycle with informant not mentioned in FIR - Statement of injured recorded after 20 days - Contradictions in testimony of injured and informant not explained - Medical evidence partly at variance with eye witnesses testimony - Documents not produced from the hospitals where the injured was treated - Firing of two shots not proved - Presence of informant at the place of occurrence doubtful - Delay in lodging FIR - Accused acquitted. 2010(1) Criminal Court Cases (Allahabad) 942 (DB)
Indian Penal Code, 1860, S.376 - Rape - Absence of injury on private parts - Victim 40 years of age and used to sexual intercourse - Absence of injury on private parts of the victim is not very significant. 2010(1) Criminal Court Cases 767 (S.C.)
Indian Penal Code, 1860, S.376 - Rape - Forcible sexual intercourse - Absence of injuries on the person of victim - Victim 40 years of age and accused 20 years of age - Victim could not put a strong defence - Much importance cannot be given to the absence of defence injuries, because it is not inevitable rule that in the absence of defence injuries the prosecution must necessarily fail to establish its case. 2010(1) Criminal Court Cases 767 (S.C.)
Indian penal Code, 1860, S.376 - Rape - Girl aged 11 years - Rape by Sarpanch - According to medical jurisprudence it is not necessary that due to rape the hymen must be ruptured or other injuries must be there on the vagina - Other injuries on the person of prosecutrix might not have been found as she was medico legally examined after about 11 days of occurrence - Accused left his Banyan in the house of prosecutrix which was left there while running away proves presence of accused in the house of prosecutrix - Parents of prosecutrix poor persons belong to a labour class - Cannot allege rape of their daughter against the accused, who being the Sarpanch of the village was very influential person - Offence of rape proved beyond reasonable doubt. 2010(1) Criminal Court Cases 965 (P&H)
Indian Penal Code, 1860, S.376 - Rape - Of girl aged 11 years by Sarpanch - Delay of 11 days in lodging FIR - Accused very influential person - Family of prosecutrix referred the matter firstly to their Community members which delayed the matter - In sex related cases, delay in lodging FIR is hardly of any significance - Held, delay not fatal. 2010(1) Criminal Court Cases 965 (P&H)
Indian Penal Code, 1860, S.376 - Rape - Of girl aged 11 years by Sarpanch - Protracted trial of 16 years - Not a ground for reduction of sentence - Accused sentenced less than the minimum sentence by resorting to proviso - No further reduction in sentence. 2010(1) Criminal Court Cases 965 (P&H)
Indian Penal Code, 1860, S.376 - Rape - Victim not naming the culprits while narrating the incident to PW4 Pradhan of village - Not correct - Husband of victim in presence of prosecutrix had already told that she was raped by the appellants - It was not reasonable to expect from the victim who was under shock due to the incident, to narrate the same to PW4 Pradhan in presence of her husband and son. 2010(1) Criminal Court Cases 767 (S.C.)
Indian Penal Code, 1860, Ss.376, 511 - Rape - Not actually committed but an attempt was made to commit rape - Accused can be convicted u/ss 376 read with S.511 IPC though attempt to commit rape was not separately charged. 2010(1) Criminal Court Cases 817 (Chhattisgarh)
Indian Penal Code, 1860, S.405 - Criminal breach of trust - Ingredients of the offence are : (i) entrusting any person with property or with dominion over the property, (ii) the person entrusted (a) dishonestly misappropriated or converted to his own use the property or (b) dishonestly used or disposed of the property or willfully suffered any other person so to do in violation (i) of any direction of law prescribing mode in which such mode is to be discharged or (ii) of any legal contract made touching the discharge of trust. 2010(1) Criminal Court Cases 779 (S.C.)
Indian Penal Code, 1860, Ss.405, 406 - Criminal breach of trust - Prosecution is required to prove that the accused was entrusted with property or he had dominion over the property and that the accused misappropriated or converted the property to his own use or used or disposed of the property or willfully suffered any person to dispose of the property dishonestly or in violation of any direction of law prescribing the mode in which the entrusted property should be dealt with or any legal contract express or implied which he had entered into relating to carrying out of the trust. 2010(1) Criminal Court Cases 779 (S.C.)
Indian Penal Code, 1860, S.415 - Cheating - Can be committed in the commercial as well as money transactions. 2010(1) Criminal Court Cases 779 (S.C.)
Indian Penal Code, 1860, Ss.420, 409, Indian Stamp Act, 1899, Ss.64 & 69 - Purchase of insurance stamps from outside the State and thus causing loss to the State exchequer - Insurance stamps are the property of the Central Govt. - When stamps are the property of the Central Govt. then it is immaterial whether these are purchased from within the State or outside the State - It is legally untenable to contend that the insurance stamps must be purchased from within the State - Proceedings quashed. 2010(1) Criminal Court Cases 842 (S.C.)
Indian Penal Code, 1860, S.498-C - Fake currency notes - Accused tried to run away on seeing the police party - No explanation how accused came into possession of fake currency notes - It is altogether different if a person comes into possession of fake currency notes accidentally and without his knowledge - Case of prosecution has to be accepted. 2010(1) Criminal Court Cases 933 (A.P)
Injured witness
Injured witness - Deposition of injured witness should be relied upon unless there are strong grounds for rejection of his evidence on the basis of major contradictions and discrepancies, for the reason that his presence on the scene stands established in the case, it is proved that he suffered the injury during the said incident. 2010(1) Criminal Court Cases 789 (S.C.)
Juvenile Justice (Care and Protection of Children) Act, 2000
Juvenile Justice (Care and Protection of Children) Act, 2000, S.2(k) - Juvenile - A juvenile or child means a person who has not completed 18 years of age. 2010(1) Criminal Court Cases 750 (S.C.)
Motive
Motive - Irrelevant in a criminal case where evidence of the eye-witnesses is available. 2010(1) Criminal Court Cases 923 (S.C.)
Motive - Set up by prosecution not proved - Case of prosecution becomes doubtful. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Narcotic Drugs and Psychotropic Substances Act, 1985
Narcotic Drugs and Psychotropic Substances Act, 1985, S.21(c) - Sentence in default of payment of fine - Absence of a specific provision in NDPS Act - Held, such power is implicit and is possessed by a Court administering criminal justice - In absence of a provision to the contrary, viz. that no order of imprisonment can be passed in default of payment of fine, such power is explicit and can always be exercised by a Court subject to the relevant provisions of IPC and Cr.P.C. 2010(1) Criminal Court Cases (Calcutta) 917 (DB)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 - Compliance of provision of S.50 NDPS Act - Communication need not be in writing - However, such communication should be made in the presence of some independent and respectable persons witnessing the arrest and search. 2010(1) Criminal Court Cases (H.P.) 764 (DB)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 - Compliance of provision of S.50 NDPS Act - Offer of search in presence of a Magistrate or a Gazetted Officer is altogether different from making aware the accused that he has such a right - When accused is asked but not made aware of his right then there is no compliance of provision of S.50 NDPS Act and accused is to be acquitted. 2010(1) Criminal Court Cases (H.P.) 764 (DB)
Negotiable Instruments Act, 1881
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Account closed - Cheque comes within the sweep of S.138 NI Act. 2010(1) Criminal Court Cases 902 (Kerala)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Dismissal of complaint for default - For one singular default in appearance on the part of the complainant it is not proper to dismiss the complaint - Complaint restored. 2010(1) Criminal Court Cases 826 (Bombay)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Jurisdiction - Court at Sikar and not at Bikaner having jurisdiction - Complaint transferred to Court at Sikar. 2010(1) Criminal Court Cases 839 (Rajasthan)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld. 2010(1) Criminal Court Cases 887 (Karnataka)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Pre mature complaint - Complaint cannot be thrown out - If complaint is filed prior to date of cause of action same cannot be thrown out - Cognizance can be taken after accrual of cause of action. 2010(1) Criminal Court Cases 772 (Uttarakhand)
Negotiable Instruments Act, 1881, S.138, Criminal procedure Code, 1973, Criminal Procedure Code, 1973, Section 204, 202, 200 - Dishonour of cheque - Complaint - Summoning order - Recall - Magistrate has no jurisdiction to recall its own summoning order. 2010(1) Criminal Court Cases 772 (Uttarakhand)
Negotiable Instruments Act, 1881, S.138, Indian Penal Code, 1860, S.417, Criminal Procedure Code, 1973, S.216 - Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused sentenced to undergo imprisonment till the rising of the Court and to pay compensation of Rs.60,000/- to the complainant. 2010(1) Criminal Court Cases 902 (Kerala)
Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Presumption is as to issuance of cheque for discharge of any debt or other liability and not as to legally recoverable debt - Complainant has to be establish as to legally recoverable debt. 2010(1) Criminal Court Cases 887 (Karnataka)
Negotiable Instruments Act, 1881, Ss.138, 139 - Dishonour of cheque - Presumption - Loan advanced by husband and cheque issued in favour of wife - Husband not examined - Failure to prove lending of money and that accused delivered the cheque to the complainant - Presumption u/s 139 of the Act is not available. 2010(1) Criminal Court Cases 887 (Karnataka)
Negotiable Instruments Act, 1881, Ss.138, 141 - Dishonour of cheque - Company - Vicarious liability of Director - Nothing to show how petitioner was incharge and responsible for conduct of business of company in question - Documents produced on record by petitioner do not show that he was Director of Company at the time when cheque was issued - Document issued by Registrar of Companies shows three Directors at relevant time but name of petitioner does not appear in list of three Directors - Complainant against petitioner quashed . 2010(1) Criminal Court Cases 971 (Delhi)
Negotiable Instruments Act, 1881, Ss.138, 143 to 147 - Dishonour of cheque - Provisions of Ss.143 to 147 which came into effect from 6.2.2003 apply to the cases which were pending on the date the provisions came into force. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 143 to 147 - Dishonour of cheque - Ss.143, 144, 145 & 147 expressly depart from and override the provisions of the Code of Criminal Procedure, the main body of adjective law for criminal trials - The provisions of S.146 similarly depart from the principles of Indian Evidence Act. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 145 - Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 145(1) & 145(2) - Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - However, if accused raises any objection with regard to the validity or sufficiency of proof of the documents submitted alognwith the affidavit and if the objections are sustained by the Court it is always open to the prosecution to have the concerned witness summoned and get the lacuna in the proof of the documents corrected. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 145(2), Criminal Procedure Code, 1973, S.296(2) - Dishonour of cheque - Provisions of S.296(2) Cr.P.C. and S.145(2) Negotiable Instruments Act are not identical - Provision of S.296(2) Cr.P.C. deals with the evidence of a formal nature whereas provision of S.145(2) NI Act all evidences including substantive evidence may be given on affidavit - S.296 Cr.P.C. is part of the elaborate procedure of a regular trial under the Code while the whole object of S.145(2) NI Act is to design a much simpler and swifter trial procedure departing from the elaborate and time consuming trial procedure of the Code. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 145(2) - Dishonour of cheque - Evidence on affidavits - In the event an application is made by the accused, Court would be obliged to summon the person giving evidence on affidavit without having any discretion in the matter - Witness can be subjected to cross examination as to the facts stated in the affidavit - However, when the person who has given his evidence on affidavit appears in Court it is not open to the accused to insist that before cross examining him as to the facts stated in the affidavit he must first depose in examination-in-chief and be required to verbally state what is already said in the affidavit. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 145(2) - Dishonour of cheque - Evidence on affidavits - It is not necessary to call the complainant or his witness who has given evidence on affidavit into the witness box for examination-in-chief to get the inadmissible portions in the affidavit excluded from his evidence - In case the complainant's affidavits contain statements that are not admissible in evidence it is always open to the accused to point those out to the court and the court would then surely deal with the objections in accordance with law. 2010(1) Criminal Court Cases 951 (S.C.)
Negotiable Instruments Act, 1881, Ss.138, 147, Criminal Procedure Code, 1973, S.320 - Dishonour of cheque - Offence can be compounded even during pendency of appeal - Petitioner permitted to compound the offence - Conviction and sentence set aside. 2010(1) Criminal Court Cases 914 (S.C.)
Place of occurrence
Place of occurrence - For a person who is very seriously injured is not possible to cover a distance of 50 mtrs. where he died - This probablizes the defence version that dead body was lifted from the grid and placed in the fields - Circumstances also clearly show that the occurrence did not take place, in the manner, deposed to by the prosecution witnesses - No interference in order of acquittal. 2010(1) Criminal Court Cases (P&H) 873 (DB)
Place of occurrence - Proof - Blood not collected from place of occurrence inspite of the fact that IO visited the place of occurrence soon after the occurrence - Held, it shows that there was no blood at the spot hence it was not collected - Place of occurrence not proved. 2010(1) Criminal Court Cases (Allahabad) 728 (DB)
Police or Excise Officer
Police or Excise Officer - Appreciation of evidence - Evidence of a police officer or excise officer should be categorically analysed and conclusions must be drawn considering the human conduct, probabilities of the case and spontaneous nature - Even if other witnesses turned hostile, it is not necessary to throw out the evidence of the I.O. - When the evidence of a police officer is wholly reliable, consistent, trustworthy and free from any suspicion, the same can be considered on par with the evidence of any other witness. 2010(1) Criminal Court Cases 933 (A.P)
Prevention of Corruption Act, 1988
Prevention of Corruption Act, 1988, S.5(2), Indian Penal Code, 1860, S.161 - Illegal gratification - Reduction of sentence - Case of taking bribe of Rs.230/- - Accused in jail for almost 32 days - Matter relates to the year 1979 - Sentence reduced to period already undergone. 2010(1) Criminal Court Cases 787 (Allahabad)
Prevention Of Corruption Act, 1988, Ss.7, 13(2) - Illegal gratification - Charge u/ss 7 & 13(2) of the Act - Contention that offence u/s 7 and 13 of the Act are separate and independent and separate charges should have been framed - Purpose of framing charge is to make aware the accused as to under what provision of law he was being charged - Accused charged u/ss 13(2) read with S.7 of the Act - Held, no prejudice caused to accused. 2010(1) Criminal Court Cases 802 (P&H)
Prevention of Corruption Act, 1988, Ss.7, 13(2) - Illegal gratification - Official witnesses - A Gazetted Officer would be the last person to implicate a Government employee, unless there is a strong motive for the same - No strong motive has been alleged or proved on the file to falsely implicate the accused. 2010(1) Criminal Court Cases 802 (P&H)
Prevention Of Corruption Act, 1988, Ss.7, 13(2) - Illegal gratification - Patwari taking bribe at Patwar Khana - When Patwar Khana is a fixed place and every one knows this fact then identification of place of occurrence is not required. 2010(1) Criminal Court Cases 802 (P&H)
Prevention of Corruption Act, 1988, Ss.13(2), 7 - Reduction in sentence - Illegal gratification - Patwari accepting Rs.1000/- as bribe - Conviction and sentenced to 5 years RI and to pay fine of Rs.1,000/- - Accused undergone physical and mental agony for 11 years - Sentence reduced to one and half years. 2010(1) Criminal Court Cases 02 (P&H) 8
Prevention of Food Adulteration Act, 1954
Prevention of Food Adulteration Act, 1954, S.16(1A) - Protracted trial - Reduction in sentence - Accused suffered protracted trial of 12 years - Accused more than 70 years of age - Accused not repeated the offence - Sentence reduced to already undergone - However, fine enhanced to Rs.25,000/-. 2010(1) Criminal Court Cases 781 (P&H)
Probation of Offenders Act, 1958
Probation of Offenders Act, 1958, Ss.3, 4, Criminal Procedure Code, 1973, S.361, Indian Penal Code, 1860, S.307 - Benefit of probation to a convict u/s 307 IPC - Grant of relief u/s 361 Cr.P.C. or under Probation of Offenders Act should be granted where the offence is not very grave in nature and in certain cases where mens rea remain absent as in a case of rash and negligent driving u/ss 279 read with S.304 IPC - Such benefit should not be given where High Court itself reduces the sentence substantially. 2010(1) Criminal Court Cases 808 (S.C.)
Punjab Excise Act, 1914
Punjab Excise Act, 1914, S.61,1,14, Probation of Offenders Act, 1958, S.4 - Conviction and sentence under Excise Act - Accused remained in custody for 13 days - Accused suffered a protracted trial of 13 years - Order of conviction maintained - Sentence set aside and accused released on probation for a period of one year - Fine enhanced to Rs.10,000/- which shall be treated as cost of litigation. 2010(1) Criminal Court Cases 974 (P&H)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ss.3, 4 & 6, Criminal Procedure Code, 1973, S.482 - Police case and complaint case qua the same occurrence - Occurrence reported to police and complaint under different provisions of IPC registered - Subsequently complaint case filed of the same occurrence alleging offence under SCST Act - Had the offending words been used then the same must have been stated to police - It appears malafide intention and to wreak vengeance the complaint was filed alleging offence falling under SCST Act - Complaint and summoning order quashed - However, police case will continue. 2010(1) Criminal Court Cases 815 (P&H)
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.4 - Wilful neglect to perform duty - A mere neglect in the performance of the duty even though it may be an erroneous one is not to be taken or branded as a wilful neglect to perform duty. 2010(1) Criminal Court Cases 898 (P&H)
Sniffer dog
Sniffer dog - Police dog traced the scent from the place of incident to the house of accused - It is no evidence in the eye of law. 2010(1) Criminal Court Cases 865 (S.C.)
Sole witness
Sole witness - Evidence of solitary witness can be accepted if it is wholly reliable, consistent, trustworthy and free from any suspicion - If such evidence is partly reliable then such evidence must be corroborated by other evidence i.e., medical evidence or strong circumstantial evidence or that all probabilities must show that the evidence of such witness is reliable. 2010(1) Criminal Court Cases 933 (A.P)
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