S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 9 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed, "In the present case, the records do not reveal that the exercise was appropriately conducted by the trial court. The Court then proceeded on to elaborate the duties of Trial Courts under Section 313 and thus noted, "An omnibus offer by the trial court for the appellant to say whatever he pleases would not suffice for the exercise that the trial court is required to perform. In this connection, the Bench acknowledged a judgment of the Apex Court, referred by the State, in Nar Singh v. State of Haryana, as to the duties and obligations of both the Trial Courts and the Appellate Courts under Section 313 of the Code and when the same are not appropriately conducted.

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History of this topic

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court
1 week, 1 day ago

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure, which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial. A bench of Justice Sanjay Dhar emphasized that the trial court cannot …

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court
3 weeks, 1 day ago

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court

Live Law  

In a key ruling on Section 319 of Cr.P.C., the Supreme Court on Thursday held that while the power to summon an additional accused must be exercised before the trial concludes, if a pre-trial application for summoning is rejected and the High Court, in revision, sets aside the rejection and orders reconsideration, the application cannot be dismissed solely because it …

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers
3 weeks, 3 days ago

Delhi High Court Upholds Trial Court Order Allowing Accused's Plea To Preserve Call Detail Records, Location Data Of CBI Officers

Live Law  

The Delhi High Court has observed that a Trial Court's order allowing the application of an accused for preservation of Call Detail Records and location data of CBI officers and independent witnesses is an 'interlocutory order' and thus a revision petition under Section 397 CrPC challenging the order is not applicable. It argued that the Trial Court's order prejudiced the …

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
1 month, 2 weeks ago

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

Live Law  

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence. A single judge, Justice H P Sandesh dismissed the petition filed by Sunil …

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court
1 month, 3 weeks ago

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court

Live Law  

The Supreme Court recently reiterated that further investigation can be directed even after the chargesheet has been filed and the trial has commenced. After perusing the material on record, the Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta opined that the High Court had grossly erred while directing a fresh investigation. “On going through the material placed on …

No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC
1 month, 3 weeks ago

No Violation Of Natural Justice Principles If Accused Not Given Advance Copy Of S. 50 PMLA Application: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that not providing an advanced copy of the application filed by the Director of Enforcement under Section 50 of the Prevention of Money Laundering Act, 2002, to the accused does not violate the principles of natural justice, as the accused has no right to oppose it. It was also argued that an advance …

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months, 1 week ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 2 weeks ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

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, 3 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 …

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court
2 months, 3 weeks ago

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court

Live Law  

The Supreme Court observed that the filing of a police closure report would not bar the summoning of an additional accused under Section 319 of Cr.P.C. The Court observed that if the evidence presented during the trial indicates that a person should be summoned to face trial, the trial court has the discretionary power under Section 319 of the Cr.P.C. …

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court
3 months, 1 week 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 …

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court
3 months, 2 weeks ago

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court

Live Law  

Shedding light on the on the scope of judicial discretion under Order 14 Rule 5 and of the CPC, the Jammu and Kashmir and Ladakh High Court has reiterated that courts have the authority to amend, add, or strike out issues at any stage of a suit before a decree is passed. The Court emphasised that striking out an issue …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 months, 4 weeks ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years
4 months ago

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years

Live Law  

The Supreme Court on Thursday lamented systematic delays in trial after noting that the trial court illegally recorded the complainant's evidence in a POCSO case in the absence of the accused and his advocate and then both the trial court and the High Court rejected a recall application to allow the accused to cross-examine the complainant. “This is a classic …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
5 months ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance
5 months ago

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance

Live Law  

The Supreme Court has observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872. The court held that the presence of the accused at the time …

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

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court
5 months, 1 week ago

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court

Live Law  

The Supreme Court has ruled that the trial court can decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness. The court observed that it is not mandatory for the trial court to decide Section 319 Cr.P.C. application after the completion of the prosecution witness's examination in chief …

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC
7 months ago

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC

Live Law  

While hearing a matter on cheque bounce under the Negotiable Instruments Act, the Delhi High Court recently said that it would be prudent for courts to acknowledge that friendly cash loans are provided between parties without an existing document trail, with accused often getting acquitted because the complainant is unable to prove the existence of a debt. A single judge …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
7 months, 2 weeks ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 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 …

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court
8 months, 3 weeks ago

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court

Live Law  

The Meghalaya High Court observed that the accused's application under Section 311 of the Code of Criminal Procedure, 1973 seeking to recall a witness is justified on the ground that the previous counsel did not examine the witness on necessary facts and that re-examination by the new counsel is crucial for the outcome of the trial. Justice B. Bhattacharjee was …

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court
10 months, 2 weeks ago

S.391 CrPC | Additional Evidence Of Witness Can Be Recorded At Stage Of Death Reference If Needed For Arriving At Just Conclusion: Orissa High Court

Live Law  

The Orissa High Court has recently allowed a petition filed on behalf of nine persons, convicted and sentenced to death by trial Court for murder of three family members on the suspicion of witchcraft, for recording of additional evidence of a prosecution witness at the stage of hearing of death reference by the High Court. The Court placed reliance on …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 2 weeks 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 …

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
10 months, 3 weeks ago

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court

Live Law  

The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed …

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
10 months, 3 weeks ago

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court

Live Law  

Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused …

Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities
11 months, 1 week ago

Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities

Live Law  

In a significant development, the Supreme Court observed that it has yet to establish guidelines for conducting trials against accused with hearing and speech disabilities. “However, it is brought to our notice that this Court has not laid down so far the parameters and guidelines for conducting trial against a deaf-and-dumb accused, who is otherwise of sound mind and medically …

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
11 months, 2 weeks ago

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court

Live Law  

Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 2 weeks 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 …

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
1 year ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
1 year, 1 month ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
1 year, 2 months ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

Live Law  

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
1 year, 2 months ago

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

Live Law  

The Supreme Court, in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. Additionally, it must be noted that, in the present case, the Court clarified that discovery of fact also includes knowledge of the accused person. “However, we must clarify that Section 27 of the Evidence Act, as …

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
1 year, 3 months ago

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

Live Law  

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of …

'Material Circumstances Not Put To Accused Under S.313 CrPC' : Supreme Court Overturns Conviction In NDPS Act Case After 22 Years
1 year, 4 months ago

'Material Circumstances Not Put To Accused Under S.313 CrPC' : Supreme Court Overturns Conviction In NDPS Act Case After 22 Years

Live Law  

The Supreme Court recently overturned the conviction of an appellant in a case related to contraband possession due to procedural irregularities. The court held that the failure to put material circumstances while examining the appellant under Section 313 of the Code of Criminal Procedure was a serious and material illegality. According to us, it is a serious and material illegality …

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial
1 year, 5 months ago

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial

Live Law  

The Supreme Court on Thursday set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. Today, almost a month after reserving the verdict in, the bench led by Justice Gavai pronounced - "We are of the considered …

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 …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 7 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 8 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court
1 year, 8 months ago

Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court

Live Law  

The Sikkim High Court has recently asserted that a judgment passed by a criminal court cannot be revised, reopened, or reversed through an application for modification/clarification. A bench comprising Justice Bhaskar Raj Pradhan was hearing an application filed by ED's Joint Director after nearly eight years of passing of the judgment dated 22.09.2015, seeking modification/ clarification. While informing that the …

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict
1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law  

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

Kerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence Evidence
1 year, 9 months ago

Kerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence Evidence

Live Law  

The Kerala High Court recently addressed the question as to the mode in which an accused ought to request the Court for adducing the defence evidence. The Sessions Judge however rejected the request of the petitioner on the technical ground that an application under Section 233 Cr.P.C. After perusing Sections 233 and 233 in this regard, the Court was of …

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case
1 year, 10 months ago

‘Courts Below Failed To Properly Evaluate Evidence’: Supreme Court Acquits Two Convicts In 22 Year Old Murder Case

Live Law  

The Supreme Court recently set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time. It was …

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court
1 year, 10 months ago

Mere Protraction Of Trial Or Delay In Hearing Of Appeal By Itself Not Ground To Reduce Sentence: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed mere protraction of trial or delay in deciding the appeal cannot be considered as a valid reason for reducing the sentence, especially when the appellant has been granted interim bail during the appeal process. A single bench of Justice Sanjay Dhar has while referring to Stat of Rajasthan vs. Banwari …

Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice
1 year, 10 months ago

Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice

Live Law  

The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 of CrPC, which will ensure that the chances of committing errors and omissions are minimized. "While recording the statement under Section 313 of CrPC in cases involving …

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