Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]
6 years, 7 months ago

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]

Live Law  

Update: Merely Because The Investigation Officer Is The Complainant Himself The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Benchhttps://t.co/lhmQkU1HIb— Live Law August 31, 2020In a significant pronouncement, a three-judge bench of the Supreme Court has categorically held that the informant and. Update: Merely Because The Investigation Officer Is The Complainant Himself The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Benchhttps://t.co/lhmQkU1HIb — Live Law August 31, 2020 In a significant pronouncement, a three-judge bench of the Supreme Court has categorically held that the informant and the investigator in NDPS cases must not be the same person. Kader vs. Naushad A division bench of Kerala High court in Kader had overruled the single bench view in Naushad, observing that merely because a detecting officer himself is investigating officer or the officer of the same ranks as that of the detecting officer is investigating the case and files report before the court will not vitiate the proceedings under the N.D.P.S. Upholds Naushad Upholding the single bench view in this regard, the apex court bench observed: "The view taken by the Kerala High Court in Kader does to meet our approval.

Justice Kerala Investigation Court Kerala High Court State Fair Officer Bench View Informant Ndps Cases Investigating Naushad Kader  state  view  entitled  investigating  read  bench  vs  acquittal  informant  investigation  supreme  fair  officer  ndps  justice  court  judgment  person

History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
1 week, 4 days ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
2 weeks, 1 day ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

Telangana Legal Briefs | Advocate acquitted in murder case
1 month ago

Telangana Legal Briefs | Advocate acquitted in murder case

Deccan Chronicle  

Hyderabad: A two-judge panel of Telangana High Court reiterated that mere suspicion, however strong, cannot replace proof beyond a reasonable doubt in a criminal case. The panel comprising Justice K. Surender and Justice Anil Kumar Jukanti, acquitted an advocate Potham Jagannadham Naidu in a murder case, overturning the conviction handed down by the Metropolitan Sessions Judge, Hyderabad. MD of TGSPDCL …

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC
1 month, 2 weeks ago

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. The Punjab …

Calcutta High Court Constitutes SIT To Probe Sandeshkhali Gang Rape Case, Flags Delay In Investigation
1 month, 3 weeks ago

Calcutta High Court Constitutes SIT To Probe Sandeshkhali Gang Rape Case, Flags Delay In Investigation

Live Law  

The Calcutta High Court has constituted a special investigation team to probe allegations of gang rape in West Bengal's Sandeskhali allegedly involving politically influential persons.Justice Tirthankar Ghosh formed an SIT comprising Rahul Mishra, IPS and SDPO, Baduria, Basirhat Police District, along with Bireswar Chatterjee, Assistant Commissioner of Police, Homicide Section,. The Calcutta High Court has constituted a special investigation team …

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court
2 months ago

Police Arresting Accused After Filing Chargesheet & Court's Cognizance Makes No Sense : Supreme Court

Live Law  

The Supreme Court has deprecated the practice of police arresting an accused, who was not arrested during investigation after the Court has taken cognizance of the chargesheet.When the Court was informed that such a practice was being followed by the Uttar Pradesh police, it expressed surprise, terming the practice "unusual". The Supreme Court has deprecated the practice of police arresting …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC
2 months, 1 week ago

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 2 weeks ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

Trial court can summon accused despite police clean chit, says Supreme Court
2 months, 2 weeks ago

Trial court can summon accused despite police clean chit, says Supreme Court

Hindustan Times  

New Delhi A clean chit or closure report filed by the police cannot circumscribe the trial court’s power to summon individuals as accused, the Supreme Court has held, reinforcing the vital role of courts in safeguarding justice by independently assessing evidence presented during criminal trials. Trial court can summon accused despite police clean chit, says Supreme Court “The trial court …

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 3 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA
3 months ago

Attempt To Murder Case: Allahabad High Court Delivers Split Verdict In Appeal Against Acquittal Of Rebel SP MLA

Live Law  

The Allahabad High Court on Friday delivered a split verdict in an appeal filed against the acquittal of rebel Samajwadi Party MLA Abhay Singh in connection with the 2010 attempt-to-murder case. While Justice Attau Rahman Masoodi sentenced five of the accused, including Abhay Singh, to three years of imprisonment in connection with the 2010 case, Justice Ajai Kumar Srivastava-I, on …

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court
3 months ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law  

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case
3 months ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law  

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 2 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

‘Fair trial is crucial’: SC suggests court in jail for Yasin Malik’s trial
4 months ago

‘Fair trial is crucial’: SC suggests court in jail for Yasin Malik’s trial

Hindustan Times  

Underlining the fundamental right to a fair trial, the Supreme Court on Thursday proposed setting up a makeshift courtroom within Delhi’s Tihar Jail to facilitate the physical cross-examination of terror convict Yasin Malik in two high-profile cases of kidnapping and murder. Yasin Malik, the Jammu court ruled, needed to be present in person for the cross-examination of witnesses in two …

Supreme Court on Yasin Malik's case: ‘Even Ajmal Kasab was given fair trial’
Trending News
4 months ago

Supreme Court on Yasin Malik's case: ‘Even Ajmal Kasab was given fair trial’

Hindustan Times  

The Supreme Court on Thursday indicated it might set up a courtroom inside Delhi's Tihar jail for Jammu and Kashmir separatist leader Yasin Malik in a kidnapping case. The top court also remarked that "Even Ajmal Kasab was given a fair trial in our country." In our country, a fair trial was given even to Ajmal Kasab and legal assistance …

'In Our Country, Even Ajmal Kasab Was Given Fair Trial' : Supreme Court To CBI In Yasin Malik's Case
4 months ago

'In Our Country, Even Ajmal Kasab Was Given Fair Trial' : Supreme Court To CBI In Yasin Malik's Case

Live Law  

Even terrorist Ajmal Kasab was given a fair trial, orally observed the Supreme Court, while hearing an appeal filed by the CBI against an order for the physical production of Kashmiri separatist Yasin Malik to a Jammu court for the trial in the case related to the killing of 4 IAF personnel in 1989.Citing security concerns, the Central Bureau of …

Supreme Court junks CBI plea in Yasin Malik case: 'Even Ajmal Kasab got fair trial'
Top News
4 months ago

Supreme Court junks CBI plea in Yasin Malik case: 'Even Ajmal Kasab got fair trial'

India TV News  

In a significant development, the Supreme Court on Monday emphasised the importance of a fair trial system citing the example of of 26/11 terrorist Ajmal Kasab's case. This happened when the court was hearing the Central Bureau of Investigation appeal regarding a Jammu court’s direction for local Kashmiri separatist leader Yasin Malik to personally appear to face the trial. In …

Even Ajmal Kasab got fair trial: Supreme Court to CBI in Yasin Malik's case
4 months ago

Even Ajmal Kasab got fair trial: Supreme Court to CBI in Yasin Malik's case

India Today  

Even 26/11 Mumbai attack terrorist Ajmal Kasab was given a fair trial, the Supreme Court observed while hearing an appeal by the Central Bureau of Investigation challenging a Jammu court order asking Kashmiri separatist leader Yasin Malik to appear in person. Yasin Malik is the main accused in the killing of four Indian Air Force personnel near Srinagar in 1990 …

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs
4 months, 1 week ago

Ensure Victim Is Intimated Progress Of Investigation In Compliance With BNSS Provision: Punjab & Haryana High Court To DGPs

Live Law  

The Punjab and Haryana High Court has issued directions to Director Generals of Police for the States of Punjab and Haryana as well as Union Territory of Chandigarh to issue necessary instructions for scrupulous compliance of Section 193 of BNSS of Cr.P.C.) by the Investigating Officers.Justice Harpreet Singh Brar said, "Section 193 of BNSS is an evolved version. Justice Harpreet …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
4 months, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
4 months, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training
4 months, 2 weeks ago

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Live Law  

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions …

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case
4 months, 2 weeks ago

Punjab & Haryana High Court Awards Life Sentences To Three Army Officers In 1998 Murder Case

Live Law  

The Punjab & Haryana High Court has convicted three formers army officers and another in a 1998 murder case, wherein they shot a man dead in Haryana's Sonepat.The Court while overturning the trial court's decision of acquittal granted to the convicts, rejected the plea of alibi taken by the army officers. The Punjab & Haryana High Court has convicted three …

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case
4 months, 3 weeks ago

High Court Rejects Plea to Provide One Opportunity for Disclosure in Framing of Charges Case

Live Law  

The Punjab & Haryana High Court has stated that after framing of charges, the prosecution must give only one opportunity of disclosure and the accused may choose to avail of this facility. The court also requires the prosecution to furnish only the list of statements, documents, material objects and exhibits, which are not relied upon by the investigating officer. The …

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal
7 months ago

HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal

The Hindu  

The Bombay High Court on Wednesday issued notices to all the accused and the Central Bureau of Investigation while hearing a petition filed by Mukta Dabholkar challenging a sessions court judgment acquitting three persons accused of killing her father and rationalist Narendra Dabholkar. Ms. Mukta’s plea contended that the sessions court order failed to consider evidence that “establishes beyond reasonable …

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court
7 months, 2 weeks ago

Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation. Thus, the High Court, aligning with the Apex Court's consistent view, dismissed the petitioners' plea for a directed investigation. Justice Ahluwalia emphasized that the accused does not possess the right to influence …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 2 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Accused Cannot Dictate Manner Of Investigation Or Choice Of Agency, Supervision Of Court Over Investigation Is Limited: MP High Court
7 months, 3 weeks ago

Accused Cannot Dictate Manner Of Investigation Or Choice Of Agency, Supervision Of Court Over Investigation Is Limited: MP High Court

Live Law  

The Madhya Pradesh High Court at Jabalpur, in a case presided over by Justice Gurpal Singh Ahluwalia, has ruled that the accused has no right to demand a particular manner of investigation or specific investigating agency and Court supervision of the investigation is limited to ensuring its proper progress and maintaining public confidence. Court discussed whether suspects could dictate the …

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case
9 months, 3 weeks ago

'Witnesses Cannot Be Expected To Present Parrot-Like Version Before Trial Court': Punjab & Haryana High Court Upholds Conviction In Murder Case

Live Law  

The Punjab & Haryana High Court has upheld the conviction in a murder case observing that the witnesses cannot be expected to present parrot-like version to the Trial Court.The Court rejected the "various inconsistencies appearing in the testimonies" of witnesses contended by the accused.Justice Gurvinder Singh Gill and Justice N.S. The Punjab & Haryana High Court has upheld the conviction …

Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case
10 months ago

Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case

Live Law  

Observing that "it cannot be stated that fair trial has been conducted", the Punjab & Haryana High Court has set aside the conviction of a Kenyan woman in a drugs case after it found that she did not understand the language in which police communicated with her.Justice Deepak Gupta said, "It cannot be stated that fair trial has been conducted. …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 1 week ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur
10 months, 2 weeks ago

Departmental Proceedings And Proceedings In Criminal Case Can Proceed Simultaneously: CAT Jabalpur

Live Law  

The Central Administrative Tribunal, Jabalpur bench of Justice Akhil Kumar Srivastava and Kumar Rajesh Chandra held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. Subsequently, two criminal cases were filed against the Applicant, and following a departmental inquiry, the Disciplinary Authority ordered the Applicant's dismissal …

Odisha: Court starts trial in cop assault case against Bhartruhari Mahtab
11 months ago

Odisha: Court starts trial in cop assault case against Bhartruhari Mahtab

New Indian Express  

CUTTACK: A Special Court here dealing with cases against MPs and MLAs on Friday started trial in the 13-year-old police officer assault case against Lok Sabha MP from Cuttack Bhartruhari Mahtab. The trial started in the court of Judicial Magistrate First Class, Deepankar Bal with the deposition of the first prosecution witness - sub-inspector Amitabh Mohapatra who is both informant …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 1 week ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Calcutta HC: CBI or ED can Arrest Shahjahan; Suvendu Claims TMC Don Already in Safe Custody
1 year ago

Calcutta HC: CBI or ED can Arrest Shahjahan; Suvendu Claims TMC Don Already in Safe Custody

Deccan Chronicle  

A division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya of the HC gave the liberty to the central agencies in a clarification, sought by state advocate general Kishore Datta in the February 26-order. The bench later stated, “As of date, what has been stayed is only the constitution of an SIT, Therefore it is well open to …

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two
1 year, 1 month ago

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Live Law  

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 and Section 120B. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath while confirming the conviction held thus: “We sustain the conviction Of Anoop, Manoj Kumar @ Kirmani Manoj, N.K.Sunil Kumar @ Kodi Suni, Rajeesh Thondikkandi …

SC denies bail to alleged member of Sikhs for Justice in UAPA case
1 year, 1 month ago

SC denies bail to alleged member of Sikhs for Justice in UAPA case

New Indian Express  

NEW DELHI: The Supreme Court has denied bail to an alleged Khalistani separatist, Gurwinder Singh, who is purported to be a member of banned outfit 'Sikhs for Justice', after noting that prima facie his complicity in preparation for a terrorist act could not be ruled out. The National Investigation Agency had registered a case and probing the alleged role of …

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court
1 year, 2 months ago

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court

Live Law  

In pleas relating to fake encounter killings allegedly carried out by the Gujarat Police during 2002-2007, the Supreme Court today was informed by petitioners that the Report of Justice HS Bedi-led Monitoring Committee has found foul play in 3 cases out of a total of 17, and as such, the police officers identified in the Report must be prosecuted.After a …

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court
1 year, 2 months ago

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.The petitioner was appointed as constable in the Indo=Tibetan Border Police Force on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year, 2 months ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year, 3 months ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 5 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC
1 year, 5 months ago

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

Live Law  

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any …

Delhi court acquits ex-Congress MP Sajjan Kumar, others in a 1984 anti-Sikh riots case
1 year, 6 months ago

Delhi court acquits ex-Congress MP Sajjan Kumar, others in a 1984 anti-Sikh riots case

New Indian Express  

NEW DELHI: Delhi's Rouse Avenue Court on Wednesday acquitted former Congress MP Sajjan Kumar and all other accused persons in a case related to a murder case connected to the 1984 anti-Sikh riots in Sultanpuri area in the national capital. In the order, Special Judge Geetanjli Goel said, "the accused Sajjan Kumar is given the benefit of doubt and acquitted" …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 6 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court
1 year, 6 months ago

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court

Live Law  

The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement …

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court
1 year, 7 months ago

Abkari Act- Person Receiving Information Of Crime Or Detecting The Occurrence Can Investigate It: Supreme Court

Live Law  

While upholding a conviction under the Kerala Abkari Act, the Supreme Court observed that the testimonies of official witnesses can not be discarded simply because independent witnesses were not examined. "The person receiving the information of the crime or detecting the occurrence thereof, can investigate the same", the bench of Justices Abhay S Oka and Sanjay Karol observed.In this case,. …

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