Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act
1 month, 3 weeks ago

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act

Live Law  

The Jammu and Kashmir and Ladakh High Court has reaffirmed the conviction of a former police constable under Section 3 of the Prevention of Terrorism Act, 2002, emphasizing that a confession recorded under Section 32 of POTA must be of sterling value and corroborated before it can be relied upon. that before a confession recorded under Section 32 of POTA is relied upon and accepted admissible in evidence, it must be of sterling value inspiring confidence of the Court. As a matter of prudence, the Court relying upon such confession must insist for corroboration” These observations came while dismissing the appeal of Farid Ahmad against his conviction and directed him to surrender within ten days.The case dates back to 2001 when the appellant, Ahmad was serving as a constable in Udhampur. However, the Court reiterated the crucial safeguard emphasized by the Supreme Court—that a confession under POTA must inspire judicial confidence and be corroborated.

Court Conviction Statement Ssp Ahmad Poonch Section 32 Pota Recorded Confession Sterling Value  statement  trial  upholds  pota  appellant  high  prevention  value  32  terrorism  court  corroborated  recorded  confession  ahmad  jk  sterling  conviction

History of this topic

Agri minister Kokate’s conviction stayed
2 weeks, 3 days ago

Agri minister Kokate’s conviction stayed

Hindustan Times  

Mumbai: The Nashik sessions court on Wednesday stayed state agriculture minister Manikrao Kokate’s conviction in a 1995 cheating and forgery case, removing necessity of his removal as a member of the legislative assembly, for now. Agri minister Kokate’s conviction stayed A magistrate court had, on February 20, convicted the minister and Nationalist Congress Party leader, 67, and his brother Sunil …

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court
2 weeks, 4 days ago

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Live Law  

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible. Additionally, it was argued that …

Man gets 30 years imprisonment for raping minor
Trending News
1 month, 3 weeks ago

Man gets 30 years imprisonment for raping minor

The Hindu  

An Additional District and Sessions Court in Kalaburagi has sentenced a 21-year-old man to 30-year imprisonment and imposed a fine of ₹36,000 on him for raping a minor girl. As per the information provided by Shantaveer Tuppad, the Public Prosecutor in the case, Anil Karagar, a resident of Navanihal at Kamalapur taluk in Kalaburagi district, sexually assaulted a girl who …

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused
4 months, 3 weeks ago

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused

Hindustan Times  

A 60-year-old man has been sentenced to life imprisonment for the rape of a 6-year-old girl in Jalaun district, Uttar Pradesh. The verdict was delivered by a special Protection of Children from Sexual Offenses Act (POCSO) court judge, Mohammad Quamar, following a swift trial that concluded in just three months.

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist
8 months, 2 weeks ago

Delayed Trial, Violation Of Article 21 Rights: J&K High Court Grants Bail To Ex-Cop Accused Of Killing Man Falsely Projected As Terrorist

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to Bansi Lal, a 56-year-old former police officer, who had been in judicial custody for almost 18 years. The order, passed by Justice Atul Sreedharan, highlighted the prolonged delay in the trial, describing it as a clear violation of Article 21 of the Indian Constitution, which guarantees the right …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
9 months, 2 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

From controversy to conviction – the downfall of IPS officer, Sanjiv Bhatt
11 months, 2 weeks ago

From controversy to conviction – the downfall of IPS officer, Sanjiv Bhatt

Hindustan Times  

Sacked IPS officer Sanjiv Bhatt was handed a 20-year prison sentence last week by a special court in Palanpur, Banaskantha district, for his involvement in fabricating a false case under the Narcotic Drugs and Psychotropic Substances Act against a lawyer. The Palanpur court took into account Bhatt's criminal record, which included a conviction in a 1990 custodial death case in …

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment
1 year, 8 months ago

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 30-year-old man convicted in 41 theft cases and sentenced to over 83 year in prison, as the trial courts did not order his sentences to run concurrently. “if the petitioner is permitted to undergo imprisonment in all the aforesaid cases, he would be compelled to undergo imprisonment of approximately 83 …

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years
1 year, 8 months ago

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years

Hindustan Times  

MUMBAI: A 30-year-old Pune resident sentenced to 83 years in jail in 41 theft cases was ordered to be released by the Bombay high court, observing that if the bench did not interfere, it will result in a serious miscarriage of justice. Aslam Salim Shaikh approached the Bombay high court in 2022, complaining that he was illiterate, too poor to …

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday
1 year, 10 months ago

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday

Live Law  

Justice Hemant M. Prachchhak of Gujarat High Court will on April 29 hear the plea filed by disqualified MP and Congress Leader Rahul Gandhi seeking a stay on his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in Kolar in April 2019. On April 25, Gandhi approached the …

"He May Have Realised Mistake Within A Short Time, Made Confessional Statement": Meghalaya HC Reduces Rape Convict's Sentence
2 years, 9 months ago

"He May Have Realised Mistake Within A Short Time, Made Confessional Statement": Meghalaya HC Reduces Rape Convict's Sentence

Live Law  

The Meghalaya High Court recently reduced the sentence imposed on a 27-year-old man who had been convicted of raping a 3.5-year-old girl as the court noted that he had confessed his crime and that he may not have been cruel in dealing with the minor girl and may have realized his mistake within a short time.Reducing his sentence from 20 …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

A Non-Voluntary Confession Can’t Form Basis Of Conviction: SC Acquits Accused In Hindu Munnani Activist Murder Case [Read Judgment]
7 years, 10 months ago

A Non-Voluntary Confession Can’t Form Basis Of Conviction: SC Acquits Accused In Hindu Munnani Activist Murder Case [Read Judgment]

Live Law  

‘No such incident of striking terror in the minds of people or adverse effect on the harmony amongst any section of society was reported’, said the Bench against invoking TADA.The Supreme Court ON Thursday has set aside conviction of accused of murdering a Hindu Munnani Activist in Madurai.The Bench comprising Justice Pinaki Chandra Ghose and Justice RF Nariman held that …

Gujarat HC Quashes Jail Term In Exchange For Donation To Religious Trust [Read Judgment]
8 years, 2 months ago

Gujarat HC Quashes Jail Term In Exchange For Donation To Religious Trust [Read Judgment]

Live Law  

In a curious case, the High Court of Gujarat has scrapped the jail term for an accused, on the submission that he had contributed to a religious trust.The Court was hearing an appeal filed against an order passed by the Sessions Judge, Valsad, against the appellant, Mr. Manubhai Laljibhai Ambaliya, for having raised false evidence. In a curious case, the …

Gujarat HC Quashes Jail Term In Exchange For Donation To Religious Trust [Read Judgment]
8 years, 2 months ago

Gujarat HC Quashes Jail Term In Exchange For Donation To Religious Trust [Read Judgment]

Live Law  

In a curious case, the High Court of Gujarat has scrapped the jail term for an accused, on the submission that he had contributed to a religious trust.The Court was hearing an appeal filed against an order passed by the Sessions Judge, Valsad, against the appellant, Mr. Manubhai Laljibhai Ambaliya, for having raised false evidence. In a curious case, the …

JNU row: Tight security at Delhi HC for Kanhaiya Kumar's bail plea hearing
9 years, 1 month ago

JNU row: Tight security at Delhi HC for Kanhaiya Kumar's bail plea hearing

India TV News  

New Delhi: Security was increased at the Delhi High Court today for a hearing on JNUSU student Kanhaiya Kumar's request for bail, charged with sedition, in which he has contended that he was 'falsely implicated' in the case as he had not raised any anti-national slogan. His counsel has said that the petition is limited to bail for Kanhaiya who …

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