Overhaul system with deterrent punishment: SC
12 years, 2 months ago

Overhaul system with deterrent punishment: SC

The Hindu  

Expressing serious concern at the increasing incidents of crime against women, the Supreme Court has asked trial courts and High Courts to award deterrent punishment in such cases. A complete overhaul of the system is a must in the form of deterrent punishment to the offenders so that we can effectively deal with the problem,” a Bench of Justices P Sathasivam and Ranjan Gogoi said, upholding the life sentence awarded to two women who, along with their mother, burnt to death, their sister-in-law. Writing the judgment, Justice Sathasivam said: “The entire prosecution case lies on four dying declarations made by the deceased and the oral evidence of four witnesses. She specifically implicated her mother-in-law and sisters-in-law for pouring kerosene and lighting fire.” On the appellants’ contention that the version given by the deceased in all the four dying declarations was inconsistent, the Bench said: “The incident took place in the bedroom of the deceased. It is also clear that she was subjected to torture as she had not conceived a child even after three years of marriage and in all the four declarations, she was conscious of mentioning the role of her mother-in-law and sisters-in-law.” The Bench said: “The insistence on corroboration of a dying declaration is only a rule of prudence.

Court Bench Her Mother Declaration Vandana Kesharbai Deterrent Punishment  court  overhaul  punishment  vandana  system  sc  deceased  declarations  declaration  kesharbai  dying  deterrent  motherinlaw  women  bench

History of this topic

Abetment Of Suicide | 'Court Answerable To Deceased', Can't Quash FIR On Basis Of Compromise: Punjab & Haryana High Court
5 days, 6 hours ago

Abetment Of Suicide | 'Court Answerable To Deceased', Can't Quash FIR On Basis Of Compromise: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the FIR lodged for abetment to suicide cannot be quashed on the basis of compromise between parties, observing that where the primary victim is deceased, "the Courts must act as if it is directly answerable to the deceased and such cases be approached with the highest sense of responsibility and gravity …

SC acquits woman awarded life term in 23-year-old murder case of minor
3 weeks, 2 days ago

SC acquits woman awarded life term in 23-year-old murder case of minor

Hindustan Times  

The Supreme Court has acquitted a woman from Haryana who was awarded life-term in a 23-year-old murder case of a minor. Thus, we are constrained to extend the benefit of doubt to the appellant,” the bench said as it allowed the woman’s appeal, challenging the Punjab and Haryana High Court’s order. Mere recovery of the material object in the form …

Woman moves Kerala HC against death sentence for murdering boyfriend
1 month, 2 weeks ago

Woman moves Kerala HC against death sentence for murdering boyfriend

Deccan Chronicle  

Kochi: The Kerala High Court on Thursday called for the records in connection with the conviction and death sentence given to a 24-year-old woman for the sensational murder of her boyfriend in 2022. The Neyyattinkara Additional District Sessions Court had on January 20 sentenced Greeshma to death for the murder of her boyfriend Sharon Raj, saying that the manner of …

Kodanad murder case: Madras High Court allows examination of EPS, Sasikala as defence witnesses
3 months, 2 weeks ago

Kodanad murder case: Madras High Court allows examination of EPS, Sasikala as defence witnesses

New Indian Express  

Mystery has been shrouding the heist cum murder ever since it occurred on the night of April 23, 2017, a year after the demise of Jayalalithaa. A group of ten persons was alleged to have barged into the bungalow, which once served as the summer retreat for Jayalalithaa, and made off with certain valuables after murdering a security guard, Om …

Nithari Killings: Should Surendra Koli's Acquittal Be Reversed? Supreme Court Agrees To Hear CBI's Plea
7 months, 1 week ago

Nithari Killings: Should Surendra Koli's Acquittal Be Reversed? Supreme Court Agrees To Hear CBI's Plea

ABP News  

The Supreme Court on Wednesday agreed to hear a fresh petition filed by the Central Bureau of Investigation challenging the Allahabad High Court's verdict that acquitted Surendra Koli in the sensational 2006 Nithari serial killings case. In May, the Supreme Court also agreed to hear another plea filed by the father of one of the victims challenging the high court's …

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son
10 months ago

Karnataka High Court Convicts Son For Assaulting 60 Yr-Old Mother Leading To Her Death, Says Deceased Had No Reason To Falsely Implicate Her Son

Live Law  

The Karnataka High Court recently set aside an acquittal order passed by the trial court and convicted a son for offences under section 304 of the Indian Penal Code, for assaulting and causing the death of his 60-year-old mother. The bench said “The holistic appreciation of the evidence shows that the prosecution discharged its burden of proving that the victim …

Karnataka: Woman who smothered her daughters, dies by suicide
11 months, 1 week ago

Karnataka: Woman who smothered her daughters, dies by suicide

Hindustan Times  

Woman, who was arrested on April 10 for allegedly murdering her two children, has allegedly killed herself while being in the judicial custody, the police said on Sunday. The Jalahalli police booked her 35-year-old husband under Pocso Act and he is currently in judicial custody in Parappana Agrahara prison. The police then arrested the woman and produced her before the …

Supreme Court Upholds Life Sentence For Mother Who Killed Her 5-Year Old Child
2 years, 1 month ago

Supreme Court Upholds Life Sentence For Mother Who Killed Her 5-Year Old Child

Live Law  

The Supreme Court, on Wednesday, reiterated that when there is concurrent findings of fact by the Trial Court and the High Court, the Apex Court ought not to re-appreciate the evidence to examine the correctness of such findings of fact, unless there is manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence. …

Govt may seek review after three Chhawla rape accused acquitted
2 years, 4 months ago

Govt may seek review after three Chhawla rape accused acquitted

Hindustan Times  

Uttarakhand chief minister Pushkar Singh Dhami said on Tuesday that he spoke to Union law minister Kiren Rijiju and assured justice for a 19-year-old rape victim who hailed from the state, a day after the Supreme Court acquitted three men sentenced to death for her 2012 gang rape and murder. “I have spoken to advocate Charu Khanna, who is handling …

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court
2 years, 10 months ago

Wife's Dying Declaration Can Be Used To Prove Cruelty Even If Husband Is Acquitted Of Charges Relating To Her Death: Supreme Court

Live Law  

Overruling some of its earlier judgments, the Supreme Court observed that evidence of a deceased wife under Section 32 of Evidence Act with respect to cruelty could be admissible in a trial for a charge under Section 498A of the IPC.This is, however, subject to satisfaction of two pre­conditions Her cause of death must come into question in the matter …

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court
3 years, 10 months ago

Dying Declaration Can Be Sole Basis For Conviction Only When Court Is Satisfied That It Is True And Voluntary, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a Court must be satisfied that the dying declaration is true and voluntary, and only then could it be the sole basis for conviction without corroboration.In this case, the Karnataka High Court reversed the acquittal recorded by the Trial Court and convicted the accused in a murder case. The Supreme Court reiterated that a Court …

[Breaking] Nirbhaya Case : Trial Court Issues Death Warrant For Hanging Of Four Convicts On January 22
5 years, 2 months ago

[Breaking] Nirbhaya Case : Trial Court Issues Death Warrant For Hanging Of Four Convicts On January 22

Live Law  

A Delhi Court on Tuesday issued death warrant for the hanging of four convicts in the Nirbhaya rape-murder case on January 22 at 7 AM.The four convicts - Mukesh Singh, Pawan Gupta, Vinay Sharma and Akshay Singh - were informed of the order via video conferencing.Additional Sessions Judge Satish Arora of Patiala House Courts was considering the plea for execution …

‘Dying words not clinching proof’
5 years, 9 months ago

‘Dying words not clinching proof’

The Hindu  

A dying declaration given by a victim in a possible unfit state of mind needs to be corroborated by other evidence to secure conviction, the Supreme Court has held. A Bench of Justices S.A. Bobde and Deepak Gupta has referred to past judgments of the apex court to observe that though a dying declaration is entitled to great weight, it …

Karnataka HC Affirms Life Imprisonment To Advocate Who Killed a Fellow Woman Lawyer in Court Corridor [Read Judgment]
5 years, 10 months ago

Karnataka HC Affirms Life Imprisonment To Advocate Who Killed a Fellow Woman Lawyer in Court Corridor [Read Judgment]

Live Law  

Karnatka High Court has upheld the verdict of the trial court whereby the latter had convicted advocate S. L. Rajappa, who had killed a fellow lady advocate in the court corridor by stabbing her with a knife multiple times on her chest and neck. Considering it as a betrayal on deceased's part, accused stabbed her with a knife in the …

Sec 498A & 306 IPC: Incidents Which Happened Much Before Wife's Death Can't Be Treated As Conduct Which Drove Her To Suicide: SC [Read Judgment]
5 years, 10 months ago

Sec 498A & 306 IPC: Incidents Which Happened Much Before Wife's Death Can't Be Treated As Conduct Which Drove Her To Suicide: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the incidents which had taken place between husband and wife much before latter's death by suicide could not be treated as the conduct which drove her to commit suicide. The bench comprising Justice NV Ramana and Justice S. Abdul Nazeer observed that the incidents narrated by the relatives had taken place much before the …

Lack Of Remorse Doesn’t Indicate That There Is No Scope Of Reform: SC Commutes Death Sentence In Kidnap, Rape & Murder Case [Read Judgment]
6 years, 3 months ago

Lack Of Remorse Doesn’t Indicate That There Is No Scope Of Reform: SC Commutes Death Sentence In Kidnap, Rape & Murder Case [Read Judgment]

Live Law  

‘Though we have noticed above that the possibility of reform of the accused is not completely precluded, we nevertheless share the concerns of the Trial Court and the High Court regarding the lack of remorse on behalf of the appellant and the possibility of reoffending.’While commuting a death sentence awarded to a rape and murder accused, the Supreme Court has …

SC Stays Death Penalty For Haryana Woman & Her Lover For Murdering 7 Members Of Her Family [Read Order]
6 years, 5 months ago

SC Stays Death Penalty For Haryana Woman & Her Lover For Murdering 7 Members Of Her Family [Read Order]

Live Law  

The Supreme Court on Friday stayed the death sentence awarded to a Haryana woman and her boyfriend for poisoning and strangulating seven members of her family, including four children, in September 2009.The stay was granted by a Bench comprising Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice Navin Sinha against an order passed by the Punjab and Haryana …

SC Stays Death Penalty For Haryana Woman & Her Lover For Murdering 7 Members Of Her Family [Read Order]
6 years, 5 months ago

SC Stays Death Penalty For Haryana Woman & Her Lover For Murdering 7 Members Of Her Family [Read Order]

Live Law  

The Supreme Court on Friday stayed the death sentence awarded to a Haryana woman and her boyfriend for poisoning and strangulating seven members of her family, including four children, in September 2009.The stay was granted by a Bench comprising Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice Navin Sinha against an order passed by the Punjab and Haryana …

Delhi HC Acquits Suhaib Ilyasi After Holding His Wife Committed Suicide [Read Judgment]
6 years, 5 months ago

Delhi HC Acquits Suhaib Ilyasi After Holding His Wife Committed Suicide [Read Judgment]

Live Law  

Did Suhaib Ilyasi murder his wife or was it a case of suicide?The Delhi High Court on Friday concluded that it was a case of suicide thereby acquitting Ilyasi, who had been held guilty of murdering his wife by a trial court in December, 2017 and sentenced to life imprisonment.“The learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi in …

SC Stays Execution Of Death Sentence In A 9 Year Old Girl Rape And Murder Case [Read Order]
6 years, 6 months ago

SC Stays Execution Of Death Sentence In A 9 Year Old Girl Rape And Murder Case [Read Order]

Live Law  

“She expected him to behave to her like a father. He smothered her, prevented her from crying, raped her and in the process committed murder.”The Supreme Court, on Tuesday, stayed the execution of death penalty of a man accused of rape and murder Of 9-Yr-Old Girl.The Bench headed by the Chief Justice of India Dipak Misra granted leave in the …

SC Upholds Conviction Of Man Whose Extramarital Affair Abetted Wife’s Suicide [Read Judgment]
6 years, 7 months ago

SC Upholds Conviction Of Man Whose Extramarital Affair Abetted Wife’s Suicide [Read Judgment]

Live Law  

‘It cannot be said that the appellant’s act of having illicit relationship with another woman would not have affected to negate the ingredients of Section 306 I.P.C.’The Supreme Court upheld the conviction of a man whose illicit relationship with another woman allegedly ‘abetted’ his wife’s suicide.Kavita had committed suicide by jumping into well within four months of her. ‘It cannot …

Nayana Pujari’s Husband ‘At Peace’ As Rapists Get Death Penalty
7 years, 10 months ago

Nayana Pujari’s Husband ‘At Peace’ As Rapists Get Death Penalty

The Quint  

After a Pune sessions court awarded death penalty to three of the four accused in the Nayana Pujari gangrape and murder case on Tuesday, Abhijit said that he was finally “at peace.” He says that the crime deserved death, and anything less would have been gross injustice. “The only thing that sours this verdict for me is the fourth accused, …

Apex court chronicles Nirbhaya’s declarations
7 years, 10 months ago

Apex court chronicles Nirbhaya’s declarations

The Hindu  

The Supreme Court chronicled the heroic attempt made by Nirbhaya to identify her attackers even as she lay dying. The Supreme Court dismissed the defence lawyers' claims that her multiple dying declarations — three in all, and the last and third one was recorded when she was too weak to speak and had replied to questions with gestures and nods …

Nirbhaya: Case Of Death Penalty Alone Submits Prosecution; Amicus Hegde Files Rejoinder [Read the Submission]
7 years, 11 months ago

Nirbhaya: Case Of Death Penalty Alone Submits Prosecution; Amicus Hegde Files Rejoinder [Read the Submission]

Live Law  

Just before the Supreme Court reserved its verdict recently, the prosecution in the sensational Nirbhaya rape and murder case has submitted before the special bench of the Supreme Court headed by Justice Dipak Misra that four death row convicts Mukesh, Pawan, Vinay and Akshay do not deserve any leniency and only confirmation of capital punishment would meet the ends. Just …

Jayalalithaa DA case not over after her death: Karnataka govt appeals to SC
8 years ago

Jayalalithaa DA case not over after her death: Karnataka govt appeals to SC

Deccan Chronicle  

New Delhi: The Karnataka government on Tuesday moved the Supreme Court, seeking a review of the February 14 judgement holding that the appeal in the Rs 66 crore disproportionate assets case against former Tamil Nadu chief minister Jayalalithaa has abated after her death on December 5, 2016. Assailing this ruling, Karnataka said, “There are no provisions either in the Constitution …

SC Dismisses TN Government & Rajiv Killers' Review Plea In Remission Of Sentences Case [Read Order]
8 years, 1 month ago

SC Dismisses TN Government & Rajiv Killers' Review Plea In Remission Of Sentences Case [Read Order]

Live Law  

A five-Judge bench of Supreme Court, comprising the Chief Justice of India J.S.Khehar, and Justices Pinaki Chandra Ghose, S.A. Bobde, A.M.Sapre, and U.U.Lalit, dismissed on February 7, the review petition filed by the Tamil Nadu Government and the convicts in the Rajiv Gandhi assassination case to review the December 2, 2015 judgment of the Constitution bench holding that state Governments …

SC Dismisses TN Government & Rajiv Killers' Review Plea In Remission Of Sentences Case [Read Order]
8 years, 1 month ago

SC Dismisses TN Government & Rajiv Killers' Review Plea In Remission Of Sentences Case [Read Order]

Live Law  

A five-Judge bench of Supreme Court, comprising the Chief Justice of India J.S.Khehar, and Justices Pinaki Chandra Ghose, S.A. Bobde, A.M.Sapre, and U.U.Lalit, dismissed on February 7, the review petition filed by the Tamil Nadu Government and the convicts in the Rajiv Gandhi assassination case to review the December 2, 2015 judgment of the Constitution bench holding that state Governments …

Nithari killings: Surendra Koli held guilty in sixth case, punishment on 7 October
8 years, 5 months ago

Nithari killings: Surendra Koli held guilty in sixth case, punishment on 7 October

Firstpost  

Surendra Koli, awarded death penalty in all the five cases decided earlier related to the Nithari killings, was today held guilty of abduction, murder, rape and destroying evidence in the sixth case. Ghaziabad: Surendra Koli, awarded death penalty in all the five cases decided earlier related to the Nithari killings, was on Wednesday held guilty of abduction, murder, rape and …

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]
9 years, 3 months ago

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]

Live Law  

Though there is a presumption that the persons in dead-bed expecting death at any moment will not tell a lie, such a presumption shall not have universal application, the court said.While acquitting a ‘husband’ who was convicted by the Trial court for offences under Sections 498-A and 306 of the Indian Penal code, the Madras High Court has observed that …

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]
9 years, 3 months ago

Persons in death-bed may also lie : Madras HC acquits Husband from the charges of abetting his wife to commit Suicide [Read Judgment]

Live Law  

Though there is a presumption that the persons in dead-bed expecting death at any moment will not tell a lie, such a presumption shall not have universal application, the court said.While acquitting a ‘husband’ who was convicted by the Trial court for offences under Sections 498-A and 306 of the Indian Penal code, the Madras High Court has observed that …

Execution of Surinder Koli Would be a Travesty of Justice: Plea for Mercy from Women’s Groups, Lawyers, Academics, Students and Activists
10 years, 3 months ago

Execution of Surinder Koli Would be a Travesty of Justice: Plea for Mercy from Women’s Groups, Lawyers, Academics, Students and Activists

Live Law  

In a letter addressed to the President of India, signed by 98 concerned women and Women’s Groups, an appeal has been made to stay the execution of Nithari killer, Surinder Koli, asserting that his execution would be “travesty of justice”. And the phenomenon continues till date – even after Koli’s arrest and conviction.” They have also relied upon the report …

If An Innocent Person Is Sent To Jail AndUndergoes The Sentence,The Scars Left By The Miscarriage Of Justice Cannot Be Erased By Any Subsequent Act Of Expiation Says Supreme Court; Cautions Against...
10 years, 6 months ago

If An Innocent Person Is Sent To Jail AndUndergoes The Sentence,The Scars Left By The Miscarriage Of Justice Cannot Be Erased By Any Subsequent Act Of Expiation Says Supreme Court; Cautions Against...

Live Law  

Holding the conviction of a man convicted for setting his sister in law on fire, resulting in her death as invalid, the Supreme Court yesterday highlighted the plight of an innocent person.The case came up before the Supreme Court when a Trial Court in Haryana convicted the husband and brother in law for the murder of the wife. Holding the …

Rape, Murder of a 4-year old girl- Supreme Court stays Execution of Death-Row Convict
10 years, 9 months ago

Rape, Murder of a 4-year old girl- Supreme Court stays Execution of Death-Row Convict

Live Law  

A Supreme Court bench comprising of Justice C. Nagappan and Justice J.S. Khehar stayed the execution of death sentence of Kalu Khan, convicted for the rape and murder of a four-year old girl in Rajasthan. The execution was fixed for June 18.A notice was reportedly issued to the Rajasthan Government on the convict’s plea challenging his conviction and sentence.It was …

Can a Dying Declaration be split up to segregate the case of one accused from the case of other?
11 years ago

Can a Dying Declaration be split up to segregate the case of one accused from the case of other?

Live Law  

The Supreme Court on Friday said it was difficult to sever the dying declaration of deceased Asha Devi so as to uphold the conviction granted to the accused by the Courts below, and on this basis gave the benefit of doubt to all the accused who had been charged with killing their daughter-in-law, and thereby reversed the verdicts given by …

Death commuted for man who raped minor daughter and later killed her and wife
12 years, 1 month ago

Death commuted for man who raped minor daughter and later killed her and wife

The Hindu  

Observing that there is a chance for reformation and that the death penalty is an exception and not a rule, the Supreme Court has commuted the sentence awarded to a man, who raped his own minor daughter and later killed both his wife and the girl, to life imprisonment — till the end of his life. In his judgment, Justice …

‘Dying declaration cannot form basis of conviction if it is not trustworthy'
13 years, 4 months ago

‘Dying declaration cannot form basis of conviction if it is not trustworthy'

The Hindu  

A dying declaration made by a victim, accusing a person of having been responsible for his/her death, cannot form the basis of conviction if it suffers from infirmity, the Supreme Court has held. Likewise, where the deceased is unconscious and could never make any declaration, the evidence with regard to it is to be rejected.” Writing the judgment, Justice Sathasivam …

Court grants death to four accused
15 years, 5 months ago

Court grants death to four accused

Hindustan Times  

Her happiness lasted just four months. HT Image Pinki Singh is the lone witness to the murder of her family members over a property dispute and braved risks and threats to her life and persisted with the court case against the culprits who were her distant relatives. Her resilience bore fruits on Thursday when an ADJ court at Ghaziabad announced …

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