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IMPORTANT DECISIONS
Acquittal in a criminal case - Defamation - Making complaint to the police is not defaming the complainant. 2009(4) Criminal Court Cases 957 (P&H)
Additional accused - Cannot be summoned on un-cross-examined statement of a witness. 2009(4) Criminal Court Cases 760 (Allahabad)
 Additional accused - Summoning of - In all cases Court may not wait till cross examination is over for the purpose of exercising its jurisdiction. 2009(4) Criminal Court Cases 934 (S.C.)
Attempt to murder - It is the intention or knowledge which is the deciding factor and not the injury inflicted. 2009(4) Criminal Court Cases 737 (S.C.)
Contraband - Accused subjected to body search in course of which packets of heroin found in the shoulder bags carried by them - As the person of the accused was also searched as such it is obligatory to comply with the provision of S.50 of NDPS Act. 2009(4) Criminal Court Cases 973 (S.C.)
Contraband - Search conducted at 2.25 P.M. - Notice given at 2.40 P.M. - Mandatory provision of law flouted - Accused acquitted. 2009(4) Criminal Court Cases 804 (Rajasthan)
Contradictions - Minor contradictions support the truthfulness of the witness. 2009(4) Criminal Court Cases 830 (S.C.)
Criminal trial - Failure to prove defence - Cannot be presumed that the prosecution case is proved against him. 2009(4) Criminal Court Cases 954 (S.C.)
Criminal trial - Filing a petition for contempt of Court - Does not oust the jurisdiction of Criminal Court. 2009(4) Criminal Court Cases 834 (P&H)
Document forged and then produced in Court - Provision of S.195 Cr.P.C. is not applicable. 2009(4) Criminal Court Cases 798 (S.C.)
Dowry death - Delay - To prevent initiation of criminal proceedings land transferred in the name of child of deceased - Child maltreated - Criminal proceedings initiated - Delay is sufficiently explained. 2009(4) Criminal Court Cases 839 (S.C.)
FIR - A cryptic telephonic message of a cognizable offence received by the police does not constitute a FIR. 2009(4) Criminal Court Cases 761 (S.C.)
FIR - Delay - Priority given to save the life of severely injured person - Held, wholly justifiable. 2009(4) Criminal Court Cases 910 (S.C.)
FIR - Discrepancies found - Whole prosecution case not to be thrown out. 2009(4) Criminal Court Cases 862 (S.C.)
FIR - Non availability of FIR book - Importance of FIR Book cannot be under-estimated - If reasonable evidence is collected against the accused then such a discrepancy not fatal. 2009(4) Criminal Court Cases 862 (S.C.)
Firing in air to scare the aggressors - Does not come within the mischief of S.5(1) of the Arms Act. 2009(4) Criminal Court Cases 755 (S.C.)
Illegal gratification - Independent witness turning hostile - Accused can be convicted on the basis of other evidence if the same is reliable. 2009(4) Criminal Court Cases 785 (P&H)
Independent witness - Won over - Material or data on basis of which independent witness not examined not produced - No application filed by prosecution to this effect - Best evidence withheld - Prosecution case becomes doubtful. 2009(4) Criminal Court Cases 875 (P&H)
No intention to cause death or such bodily injury as is sufficient in the ordinary course of nature to cause death - Case is covered under Section 304 Part II of IPC. 2009(4) Criminal Court Cases 752 (S.C.)
Nuisance - Proceedings u/s 133 Cr.P.C. are more in the nature of civil proceedings. 2009(4) Criminal Court Cases 853 (S.C.)
Personal appearance - Exemption - At the stage of examination u/s 313 Cr.P.C. - In a summons case, where the Court has dispensed with personal attendance of the accused, it may also dispense with his examination under clause (b). 2009(4) Criminal Court Cases 747 (P&H)
Sanction for prosecution - Refusal - Review - Not permissible in absence of fresh material. 2009(4) Criminal Court Cases 794 (S.C.)
Telephonic message of a cognizable offence - Police Officer proceeding from the police station after recording such information - Held, such statement is to be deemed to be a statement made in the course of investigation and is covered by S.162 of the Code. 2009(4) Criminal Court Cases 761 (S.C.)
Witness PW3 shifted injured to the hospital - His name not mentioned in the register - Not fatal. 2009(4) Criminal Court Cases 900 (S.C.)
 Witness resiling from statement and denying participation during investigation - Court not to be mute spectator - Action should be taken under the relevant provisions of law. 2009(4) Criminal Court Cases 921 (P&H) (DB)
SUBJECT INDEX
Alibi
Alibi - It is the duty of the person who pleads alibi to prove it beyond reasonable doubt. 2009(4) Criminal Court Cases 954 (S.C.)
Arms Act, 1959
Arms Act, 1959, S.5 - Firing in air to scare the aggressors - Does not come within the mischief of S.5(1) of the Act. 2009(4) Criminal Court Cases 755 (S.C.)
Chance witness
Chance witness - Witness living in the neighbour village which was at a distance of 1.5 km. and came to the village for purchase of seeds - Cannot be viewed with a suspicion - Witness knew deceased and if he instead of going to the shop went to the deceased to see him, cannot be viewed as a reason to disbelieve his testimony - Does not make his version suspicious in any manner. 2009(4) Criminal Court Cases 830 (S.C.)
Chance witnesses - Presence at the scene of occurrence - PW3 a tailor in the adjoining shop - Place of occurrence a small village as such presence of PW2 at the place of occurrence cannot be doubted or disputed. 2009(4) Criminal Court Cases 910 (S.C.)
Contradictions - Minor contradictions - Are bound to occur - In fact minor contradictions support the truthfulness of the witness. 2009(4) Criminal Court Cases 830 (S.C.)
Contradictions
Contradictions - Once the genesis of the occurrence is proved, contradictions which are minor in nature are not sufficient to dispel the entire prosecution case. 2009(4) Criminal Court Cases 900 (S.C.)
Criminal Procedure Code, 1973
Criminal Procedure Code, 1973, S.133 - Nuisance - Proceedings u/s 133 Cr.P.C. are more in the nature of civil proceedings than criminal proceedings - Person against whom action is taken is not an accused - He can give evidence on his own behalf and may be examined on oath - Proceedings are not the proceedings in respect of offences. 2009(4) Criminal Court Cases 853 (S.C.)
Criminal Procedure Code, 1973, S.133 - Nuisance - S.133 can be invoked in the event of imminent danger to the property and consequential nuisance to the public. 2009(4) Criminal Court Cases 853 (S.C.)
Criminal Procedure Code, 1973, S.133 - Proceedings u/s 133 Cr.P.C. are summary in nature. 2009(4) Criminal Court Cases 853 (S.C.) 0; 3 Criminal Procedure Code, 1973, S.133 - Provision of S.133 Cr.P.C. can be invoked to remove public nuisance caused by discharge of effluents and air discharge causing hardship to the general public. 2009(4) Criminal Court Cases 853 (S.C.)
Criminal Procedure Code, 1973, S.133 - Scope - Magistrate has to conduct an enquiry and to decide as to whether there is reliable evidence or not to come to the conclusion to act u/s 133 Cr.P.C. 2009(4) Criminal Court Cases 853 (S.C.)
Criminal Procedure Code, 1973, S.154 - FIR - A cryptic telephonic message of a cognizable offence received by the police does not constitute a FIR. 2009(4) Criminal Court Cases 761 (S.C.)
Criminal Procedure Code, 1973, S.154 - FIR - Delay - Lodging of FIR at the earlier possible opportunity is desirable - Priority given to save the life of severely injured person - Held, wholly justifiable. 2009(4) Criminal Court Cases 910 (S.C.)
Criminal Procedure Code, 1973, S.154 - FIR - It is not a universal rule that once FIR is found to be with discrepancies, the whole prosecution case has to be thrown out. 2009(4) Criminal Court Cases 862 (S.C.)
Criminal Procedure Code, 1973, S.154 - FIR - Non availability of FIR book - Importance of FIR Book cannot be under-estimated - However, in case the investigating agency is able to collect reasonable evidence against the accused persons and such evidence stands the scrutiny of the Court, then such a discrepancy is not fatal particularly when evidence of eye witnesses including injured witnesses is supported and corroborated by other witnesses and such evidence could not be disturbed or ignored for the mere reason that FIR book was not produced or that there was doubt regarding the names of the accused persons which were to be found in complaint. 2009(4) Criminal Court Cases 862 (S.C.)
Criminal Procedure Code, 1973, S.154, Indian Penal Code, 1860, S.376 - FIR - Rape - Delay in lodging rape - Ordinarily the family of the victim would not intend to get a stigma attached to the victim - Delay in lodging the First Information Report in a case of this nature is a normal phenomenon. 2009(4) Criminal Court Cases 893 (S.C.)
Criminal Procedure Code, 1973, Ss.154, 162 - Telephonic message of a cognizable offence - Police Officer proceeding from the police station after recording such information - Held, such statement is to be deemed to be a statement made in the course of investigation and is covered by S.162 of the Code. 2009(4) Criminal Court Cases 761 (S.C.)
Criminal Procedure Code, 1973, S.156(3), Indian Penal Code, 1860, S.376 - Rape by father-in-law - Medical report annexed with the application - Prayer for a direction to police to register FIR cannot be declined merely on the ground that accused is known to the victim. 2009(4) Criminal Court Cases 884 (Allahabad)
Criminal Procedure Code, 1973, S.157 - FIR should be sent to Magistrate forthwith - When an explanation is offered for the delay the same has to be tested - Unexplained delay by itself may not be fatal, but is a certainly relevant aspect which can be taken note of while considering the role of the accused persons for the offence. 2009(4) Criminal Court Cases 954 (S.C.)
Criminal Procedure Code, 1973, S.195 - Document forged and then produced in Court - Provision of S.195 Cr.P.C. is not applicable - S.195 Cr.P.C. is applicable when document is forged subsequent to its production or giving in evidence in a proceeding in Court. 2009(4) Criminal Court Cases 798 (S.C.)
Criminal Procedure Code, 1973, S.197 - Public servant - Sanction for prosecution - Refusal - Review - No fresh material produced - Nothing to show as to why reconsideration became necessary - - High Court holding that State has no power of review - Order upheld. 2009(4) Criminal Court Cases 794 (S.C.)
Criminal Procedure Code, 1973, S.217 - Recall of witnesses when charge is altered - Charge altered by way of material change - Court to recall the witnesses for re-examination and for further cross examination by defence. 2009(4) Criminal Court Cases 813 (Allahabad)
Criminal Procedure Code, 1973, S.248(2) - Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after several days; (e) The gravity, dimension and nature of injury; (f) The age and general health condition of the accused; (g) Whether the injury was caused without pre-meditation in a sudden fight; (h) The nature and size of weapon used for inflicting the injury and the force with which the blow was inflicted; (i) The criminal background and adverse history of the accused; (j) Whether the injury inflicted was not sufficient in the ordinary course of nature to cause death but the death was because of shock; (k) Number of other criminal cases pending against the accused; (l) Incident occurred within the family members or close relations; (m) The conduct and behaviour of the accused after the incident - Whether the accused had taken the injured/the deceased to the hospital immediately to ensure that he/she gets proper medical treatment? 2009(4) Criminal Court Cases 856 (S.C.)
Criminal Procedure Code, 1973, S.313 - Plea taken by accused in his statement u/s 313 Cr.P.C. without any proof thereof, only remains a plea and he cannot take benefit thereof. 2009(4) Criminal Court Cases 785 (P&H)
Criminal Procedure Code, 1973, Ss.313(1)(b) - Proviso, 205 - Exemption from personal appearance at the stage of examination u/s 313 Cr.P.C. - In a summons case, where the Court has dispensed with personal attendance of the accused, it may also dispense with his examination under clause (b). 2009(4) Criminal Court Cases 747 (P&H)
Criminal Procedure Code, 1973, S.319 - Additional accused - Can be summoned on the uncrossed testimony of a witness. 2009(4) Criminal Court Cases 886 (P&H)
Criminal Procedure Code, 1973, S.319 - Additional accused - Summoning of - Cannot be summoned by placing reliance on un-cross-examined statement of a witness. 2009(4) Criminal Court Cases 760 (Allahabad)
Criminal Procedure Code, 1973, S.319 - Additional accused - Summoning of - Court can summon additional accused on an application or suo motu if it appears from the evidence that such person also has committed the offence - Without cross examination of a witness the same cannot be treated as a legal evidence even for the purpose of S.319 Cr.P.C. 2009(4) Criminal Court Cases 760 (Allahabad)
Criminal Procedure Code, 1973, S.319 - Additional accused - Summoning of - In all cases Court may not wait till cross examination is over for the purpose of exercising its jurisdiction. 2009(4) Criminal Court Cases 934 (S.C.)
Criminal Procedure Code, 1973, S.319 - Additional accused - Summoning - In the dying declaration appellants named as the person responsible for death - Correctness of the dying declaration at this stage cannot be questioned - Merely because charge sheet is not filed against certain persons, the same by itself, is not sufficient ground to decline to exercise its jurisdiction to add other persons as accused for trying them for offences which appear to have been committed by them - Summoning order upheld as at this stage, the evidence adduced disclosed some offence. 2009(4) Criminal Court Cases 934 (S.C.)
Criminal Procedure Code, 1973, Ss.340, 344 - Witness resiling from statement and denying participation during investigation - Trial Court not to be mute spectator to the statement of such witnesses - Action should be taken under the relevant provisions of law against such witnesses, so that the administration of criminal justice does not suffer. 2009(4) Criminal Court Cases 921 (P&H) (DB)
Criminal Procedure Code, 1973, S.378 - Appeal against acquittal - If appeal is dismissed on the point of limitation, judgment will gain finality. 2009(4) Criminal Court Cases 739 (S.C.)
Criminal Procedure Code, 1973, S.378 - Appeal against acquittal - Once dismissed then State or complainant cannot ask for revision of judgment - Similarly in a complaint case when leave to appeal against acquittal is refused, even the State Government would be unable to pursue any appeal against the impugned judgment of acquittal. 2009(4) Criminal Court Cases 739 (S.C.)
Criminal Procedure Code, 1973, S.378 - Revision against acquittal - Scope - Analysed. 2009(4) Criminal Court Cases 739 (S.C.)
Criminal Procedure Code, 1973, S.389 - Sentence suspended during pendency of appeal - Violation of terms of bail - Cancellation of bail - Remedy available is under proviso II of S.389(1) and an application is to be filed by the Public Prosecutor - Petition u/s 482 Cr.P.C. is not maintainable. 2009(4) Criminal Court Cases 929 (P&H)
Criminal Procedure Code, 1973, S.389 - Sentence suspended during pendency of appeal - Violation of terms of bail - Conditions which were violated not specified - Held, when there is plea that there is violation of conditions of bail bond then the same need to be specifically pleaded and violation thereof proved to the satisfaction of the Court, so that Court can exercise its jurisdiction for cancellation of bail. 2009(4) Criminal Court Cases 929 (P&H)
Criminal Procedure Code, 1973, Ss.397, 202, 203 and 204, Indian Penal Code, 1860, Ss.395 & 397 - Summoning order - Police report that no occurrence of dacoity took place - Case not appearing to be probable - Complainant had also filed some other complaints against some of the accused persons - Case appears to have been filed to harass his opponents - Judicial process not to be an instrument of oppression or needless harassment - Complaint dismissed. 2009(4) Criminal Court Cases 951 (Allahabad)
Criminal Procedure Code, 1973, S.401 - Revision - Non appearance of counsel - Various reasons shown for non appearance of the counsel on the day matter was taken up - Exparte dismissal order set aside - Matter remitted for decision afresh on merits. 2009(4) Criminal Court Cases 784 (S.C.)
Criminal Procedure Code, 1973, S.438, Indian Penal Code, 1860, Ss.406-A, 498 - Anticipatory bail - Offence u/ss 406, 498-A IPC - In facts and circumstances of the case, without expressing any opinion on merits, bail granted. 2009(4) Criminal Court Cases 949 (Rajasthan)
Criminal Procedure Code, 1973, S.438, Indian Penal Code, 1860, Ss.420, 465, 467, 468, 471 and 120-B - Anticipatory bail - Offence u/ss 420, 465, 467, 468, 471 & 120-B IPC - Accused joined investigation and has given his specimen handwriting in Court - Custodial interrogation not required - Pre-arrest bail granted till filing of report u/s 173 Cr.P.C. 2009(4) Criminal Court Cases 845 (P&H)
Criminal Procedure Code, 1973, S.438 - Interim order - To be passed subject to the final order - Before final order granting anticipatory bail is passed, High Court is required to apply its mind not only with regard to the stage in which the investigation is pending but several other factors including the conduct of the accused. 2009(4) Criminal Court Cases 960 (S.C.)
Criminal Procedure Code, 1973, S.482 - Bank officials initiated criminal proceedings for cheating and misappropriation against the borrower - As a counter blast criminal law set in motion against the bank officials - Criminal proceedings instituted with an ulterior motive of wreaking vengeance on the appellants and with a view to spite them due to personal grudge - It was clearly intended to prevent the public servants from discharging their duties - Proceedings quashed. 2009(4) Criminal Court Cases 777 (S.C.)
Criminal trial
Criminal trial - Acquittal of co-accused - Not a ground for acquittal of appellant. 2009(4) Criminal Court Cases 990 (S.C.)
Criminal trial - Filing a petition for contempt of Court - Does not oust the jurisdiction of Criminal Court - Commission of a penal offence and contempt of Court are entirely in different domain. 2009(4) Criminal Court Cases 834 (P&H)
Criminal trial - Merely because other witnesses have turned hostile, the same by itself is not a ground for coming to a conclusion that the incident had not taken place. 2009(4) Criminal Court Cases 900 (S.C.)
Criminal trial - Merely because the accused was not able to prove his defence, it cannot be presumed that the prosecution case is proved against him. 2009(4) Criminal Court Cases 954 (S.C.)
Criminal trial - Report of Tahsildar and Collector to higher authorities - These reports are merely law and order reports to higher authorities - Tahsildar and Collector are not investigating officers - Non mention of the names in these reports is of no consequence. 2009(4) Criminal Court Cases 862 (S.C.)
Evidence Act, 1872
Evidence Act, 1872, S.6 - S.6 of Act is an exception to the rule of evidence that hearsay evidence is not admissible - The test for applying the rule of res-gastae is that the statement should be spontaneous and should form part of the same transaction ruling out any possibility of concoction. 2009(4) Criminal Court Cases 808 (S.C.)
Evidence Act, 1872, S.32 - Second dying declaration - Record by Head Constable of Police shortly after recoding of first dying declaration by Magistrate - No explanation as to why second dying declaration was recorded - It also differs substantially from the first one - Improvements made to rationalise with the injuries sustained by the deceased - Not admissible. 2009(4) Criminal Court Cases 932 (S.C.)
Evidence Act, 1872, S.118 - Child of 9 years - Evidentiary value - A child of tender age can be allowed to testify if he has intellectual capacity to understand questions and give rational answers thereto - Evidence of a child witness is not liable to be rejected per se, but Court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about the quality and reliability thereof, can record conviction, based thereon. 2009(4) Criminal Court Cases 836 (S.C.)
Evidence Act, 1872, S.154 - Hostile witness - Entire evidence of a hostile witness is not to be thrown away. 2009(4) Criminal Court Cases 862 (S.C.)
Eye witness
Eye witness - Name not mentioned in FIR - One PW went to the police station to lodge FIR - Services of PW3 and others must have been taken for the purpose of shifting the deceased and injured to the hospital - Non mentioning of name of PW3 in FIR is not by itself sufficient to discard his evidence. 2009(4) Criminal Court Cases 900 (S.C.)
Independent witness
Independent witness - Withheld as won over - Material or data on basis of which independent witness not examined not produced - No application filed by prosecution to this effect - Held, discretion exercised by prosecution not to examine independent witness amounts to discretion exercised in an arbitrary and capricious manner - Best evidence withheld - Prosecution case becomes doubtful. 2009(4) Criminal Court Cases 875 (P&H)
Independent witnesses - 10-12 persons watching the incident - But they not examined as witnesses - Held, as there was enmity between the two parties as there were murder and counter murders as such if the witnesses do not become available it is not the fault of the investigating agency - Apart from that investigating officer not asked about the aspect of the witnesses being available - No fault with the judgment of conviction. 2009(4) Criminal Court Cases 830 (S.C.)
Indian Penal Code, 1860
Indian Penal Code, 1860, S.34 - Common intention - Law as to - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts and proved circumstances - There must be plan or meeting of mind of all the accused persons to commit the offence - It can be pre-arranged or on the spur of the moment but it must necessarily be before the commission of the crime - Existence of common intention amongst the participants in a crime is the essential element for application of this Section - Their acts need to be same or identically similar - Acts may be different in character but must have been actuated by one and the same common intention in order to attract the provision. 2009(4) Criminal Court Cases 808 (S.C.)
Indian Penal Code, 1860, S.149 - Appellant seeing the mob entered the house and came back with the fire arms and even then the appellant fired in the air which was for the purpose of scaring away the aggressors and to scatter them - Till that moment at least the appellant cannot be a member of the unlawful assembly nor can the assembly be termed as unlawful assembly with a definite common object. 2009(4) Criminal Court Cases 755 (S.C.)
Indian Penal Code, 1860, S.302 - Nature of offence - Appellants formed an unlawful assembly and came to the place of occurrence with deadly weapons - Their overt acts resulted in causing serious injuries on the head of the deceased which were not only grievous in nature, the skull of the deceased was also found fractured - Intensity of assault can be well imagined - Held, when three injuries have been caused on vital parts of the body then appellants knew that the said injuries were likely to cause death or cause such bodily injury which may result in death - Case, held, not covered u/s 304 Part II IPC. 2009(4) Criminal Court Cases 910 (S.C.)
Indian Penal Code, 1860, Ss.302, 304 Part II - Nature of offence - Occurrence took place at the spur of moment - Single lathi blow inflicted - Other accused not indulged in any overt act - There was no intention or pre-meditation to inflict such injuries as were likely to cause death in the ordinary course of nature - Conviction altered from S.302 IPC to S.304 Part II IPC. 2009(4) Criminal Court Cases 856 (S.C.)
Indian Penal Code, 1860, S.302, 304 Part II - Nature of offence - No intention on the part of accused that his action will cause death or such bodily injury as is sufficient in the ordinary course of nature to cause death of deceased - Case not covered under clause (4) of S.300 IPC - Case is covered under Section 304 Part II of IPC. 2009(4) Criminal Court Cases 752 (S.C.) 7 3 Indian Penal Code, 1860, Ss.302, 148, 149, 201, 396 - Conviction - Appeal against - Two accused in police custody but their custody shown two/three days thereafter - Recovery of blood stained articles from them cannot connect them with crime - Last seen theory not credible as there are many contradictions in the evidence of witnesses - PWs 10 & 12 not disclosing fact of their meeting accused and deceased even upto 10-12 days - Hiring of bugga of deceased by accused not proved - No dispute as to ownership of 'Bugga" as such no motive can be imputed to accused - Case not proved beyond reasonable doubt - Accused acquitted. 2009(4) Criminal Court Cases 816 (Rajasthan) (DB)
Indian Penal Code, 1860, Ss.304-B, 201 - Dowry death - Harassment of deceased with demand of dowry - No specific allegation as to on which date, in which month and the year deceased was harassed in connection with the demand of dowry - No specific allegation made as to the articles which were demanded in dowry - No evidence that deceased was harassed for dowry before her death - No medical opinion that death was not under normal circumstances - Deceased was suffering from dirrhoea from which she could not recover - There was no concealing of evidence by accused as cremation took place in presence of complainant - Accused acquitted. 2009(4) Criminal Court Cases 969 (P&H)
Indian Penal Code, 1860, S.307 - Attempt to murder - It is the intention or knowledge and not the injury inflicted which is the deciding factor for applicability of S.307 IPC - An accused charged u/s 307 IPC cannot be acquitted merely because the injuries inflicted on the victim were in the nature of a simple hurt - It is sufficient in law, if there is present an intention coupled with some overt act in execution thereof. 2009(4) Criminal Court Cases 737 (S.C.)
Indian Penal Code, 1860, S.376 - Rape - To constitute the offence of rape it is not necessary that there should be complete penetration. 2009(4) Criminal Court Cases 893 (S.C.)
Indian Penal Code, 1860, S.376 - Rape - Two person witnessed the occurrence - One declared hostile and other not examined as prosecution witness but was examined as defence witness who deposed that he did not witness committing any offence of rape - Material contradictions in respect of the time of seizure of the clothes of the prosecutrix and the forensic laboratory report received on the basis of the clothes so seized definitely creates a doubt - Other evidence of family members of prosecutrix who are interested persons - Prosecution failed to prove its case beyond reasonable doubt - Accused acquitted. 2009(4) Criminal Court Cases 873 (Rajasthan)
Indian Penal Code, 1860, S.420 - Actual area less than that for which sale deed executed - Civil Court seized of the matter - Summoning order set aside in a revision petition - Order upheld. 2009(4) Criminal Court Cases 933 (P&H)
Indian Penal Code, 1860, Ss.420, 340, 195 - Sale of property inspite of attachment order passed by Civil Court - Complaint u/s 420 IPC - Complaint ordered to be treated as an application u/s 340 Cr.P.C. which shall be placed before the Court, which ordered attachment - Court shall hold an inquiry as envisaged u/s 340 Cr.P.C. and if comes to the conclusion that an offence is committed, which falls within any of the provisions, which is specified u/s 195 Cr.P.C., Court shall proceed in accordance with provisions of law. 2009(4) Criminal Court Cases 834 (P&H)
Indian Penal Code, 1860, S.436 - Reduction in sentence - Accused a young married man having small kids and he was the only earning member of the family - Incident of the year 1989 - Accused was in jail for more than 7 months - Considering nature of allegations and period of sentence already undergone and subsequent developments while maintaining conviction sentence reduced to period already undergone by him. 2009(4) Criminal Court Cases 807 (S.C.)
Indian Penal Code, 1860, S.498-A - Dowry death - Delay - To prevent initiation of criminal proceedings it was agreed for transfer of land in the name of child of deceased - Child not taken care of thereafter - Criminal proceedings initiated - Held, delay is sufficiently explained. 2009(4) Criminal Court Cases 839 (S.C.)
Indian Penal Code, 1860, S.498-A - Dowry death - Relations between husband and wife were not cordial - Wife was harassed to meet the unlawful demand of husband - Settlement between family members of deceased for transfer of immovable property in the name of the child of deceased which was executed to restrain the family member of the deceased to launch criminal prosecution - Death of wife was in the house of husband - Husband and his mother made no attempt to inform the family members of deceased about her death - Dead body was cremated hurriedly without any autopsy being conducted - Held, appellant harassed/coerced the deceased to commit suicide - Charge u/s 498-A fully proved. 2009(4) Criminal Court Cases 839 (S.C.)
Indian Penal Code, 1860, Ss.500, 506 - Acquittal in a criminal case - Complaint against informant for defamation - Making complaint to the police is not defaming the complainant as complaint made is protected under Eighth Exception to S.499 IPC. 2009(4) Criminal Court Cases 957 (P&H)
Juvenile Justice (Care & Protection of Children) Act, 2000
Juvenile Justice (Care & Protection of Children) Act, 2000, S.12, Indian Penal Code, 1860, Ss.307, 336, 323, 34 - Juvenile - Bail - Offence u/ss 307, 336, 323 & 34 IPC - Bail granted to another accused similarly situated - Bail granted to petitioner on same analogy. 2009(4) Criminal Court Cases 852 (Rajasthan)
Juvenile Justice (Care and Protection of Children) Act, 2000, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 97(2) - Plea of juvenile on date of occurrence - All cases pending which have not received a finality to be dealt with and disposed of in terms of the provisions of the 2000 Act as amended on 22.8.2006 and 2007 Rules. 2009(4) Criminal Court Cases 815 (S.C.)
Medical evidence
Medical evidence - The medical evidence itself being a part of the evidence is required to be appreciated in the context of ocular evidence and other circumstances surrounding thereto. 2009(4) Criminal Court Cases 893 (S.C.)
Motive
Motive - PWs in their depositions clearly brought out the motive on the part of the accused to commit the crime - It is idle to contend that the appellants had no motive to kill the deceased. 2009(4) Criminal Court Cases 910 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985
Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.8, 15 - Recovery of 108 bags of Doda Chura - Recovery from factory in absence of accused - Investigation done by police officer who was not authorised to investigate the matter under NDPS Act - Court not to interfere at initial stage of framing charge on ground that investigation is done by an unauthorised officer. 2009(4) Criminal Court Cases 750 (Rajasthan)
Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.8, 21 - Smack - Recovery of 4.500 grams - Police failed to procure the presence of the independent witnesses, in whose presence the search could be taken - It casts doubt about the credibility of SHO as the prosecution evidence is contradictory to that of documentary evidence - Evidence of police witnesses seems to be unreliable and untrustworthy in absence of evidence of independent witnesses - Accused acquitted. 2009(4) Criminal Court Cases 804 (Rajasthan)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.8(c), 22, 23, 25, 27A, 53, 53A and 58 - Export of drugs mentioned in Schedule 'G' and 'H' of the Drugs and Cosmetics Rules without a export license - Application for bail rejected by trial Court and High Court - Drugs and Cosmetics Act does not deal with exports - Provisions of Customs Act do - Licensees were thus required to comply with the specific requirement of the Act and the Rules - Accused neither applied nor granted any authority to export by the Narcotic Commissioner or any other Officer who was authorised in this behalf - Decision of Court in Rajesh Kumar Gupta not applicable - Appeal having no merit dismissed. 2009(4) Criminal Court Cases 800 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 - Poppy husk - Recovery of 25.500 kg. - Accused convicted and sentenced to 1 year RI - Accused suffered protracted trial for more than nine years - Sentence reduced to period already undergone i.e. 2 months and 17 days. 2009(4) Criminal Court Cases 850 (P&H)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.18 - Contraband - Recovery of 2.100 kg. opium - Defence version more probable then prosecution version - Accused is entitled to acquittal. 2009(4) Criminal Court Cases 875 (P&H)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.18 - Contraband - Recovery of 2.100 kg. opium - Link evidence - Failure of prosecution to prove beyond a reasonable doubt, all the links starting from seizure - Possibility of sample being changed or tampered with during the period it changed several hands till its reaching the Public Analyst, could not be ruled out - Accused acquitted. 2009(4) Criminal Court Cases 875 (P&H)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.18 - Contraband - Recovery of 2.100 kg. opium - Sample - Delay of 9 days in sending sample for analysis - By itself not fatal to prosecution case - In such a case Court has to fall back, on the other evidence, produced by the prosecution - If after perusal of the other evidence, Court comes to the conclusion that there was no possibility of tampering with the sample parcel, until it reached the office of Chemical Examiner, the same can be believed. 2009(4) Criminal Court Cases 875 (P&H)
Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.21, 27A, 29, 37 - Contraband - Recovery of 4.9 kgs. of heroin - Bail - Reasonable grounds to believe that petitioner is not guilty of offence under the Act - Second limb of S.37(b) of the Act that Court must be satisfied that petitioner is not likely to commit offence under Act if released on bail - Satisfied in the instant case - Bail granted. 2009(4) Criminal Court Cases 763 (Delhi)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.29 - Contraband - Not found in possession of appellants- Burden of proof therefore never shifted on them. 2009(4) Criminal Court Cases 938 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 - Irregular search - Evidence obtained during an irregular search is admissible and conviction can be based on such evidence. 2009(4) Criminal Court Cases 938 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 - Search - Accused subjected to body search in course of which packets of heroin found in the shoulder bags carried by them - As the person of the accused was also searched as such it is obligatory to comply with the provision of S.50 of the Act. 2009(4) Criminal Court Cases 973 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 - Search - Search conducted at 2.25 P.M. - Notice given at 2.40 P.M. - Mandatory provision of law flouted - Accused acquitted. 2009(4) Criminal Court Cases 804 (Rajasthan)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 - Where a statute confers drastic power and provides for stringent penal provisions including the matter relating to grant of bail, the conditions precedent therefor must be scrupulously complied with. 2009(4) Criminal Court Cases 938 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.53 - Customs Officers are invested with the powers of Officer In charge of Police Station - Act does not debar the police officers of their powers under the Act. 2009(4) Criminal Court Cases 938 (S.C.)
Narcotic Drugs and Psychotropic Substances Act, 1985, S.67 - Confession - Voluntariness must be judged from facts and circumstances of each case. 2009(4) Criminal Court Cases 938 (S.C.)
Negotiable Instruments Act, 1881
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Jurisdiction - No part of transaction took place at the residence of complainant and there was no stipulation that payment was to be made at place of residence of complainant, such mere residence of complainant does not confer jurisdiction on Court at place of residence of complainant. 2009(4) Criminal Court Cases 916 (Kerala)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Communicated addressed to the accused, number of cheque, date, amount and name of bank mentioned, reason for return of cheque as "insufficient funds" mentioned, a request made to make the payment and a right reserved to initiate legal action in case of non payment - Held, communication shows that all the ingredients of a notice of demand are made out. 2009(4) Criminal Court Cases 824 (Delhi)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Presentation of cheque for the second time - Held, if dishonour of cheque has once snowballed into a cause of action it is not permissible for a payee to create another cause of action with the same cheque. 2009(4) Criminal Court Cases 824 (Delhi)
Negotiable Instruments Act, 1881, S.138, Evidence Act, 1872, Ss.45, 73 - Dishonour of cheque - Comparison of handwriting by expert as body of cheque filled in by another person - Accused is entitled to have cheque examined by an expert. 2009(4) Criminal Court Cases 782 (Rajasthan)
Negotiable Instruments Act, 1881, Ss.138, 142 - Dishonour of cheque - Complaint filed by Manager of firm in his personal capacity - Manager or authorized representative can file complaint on behalf of the payee or the holder in due course but cannot file complaint in his personal capacity - A persona can be authorized to initiate criminal prosecution on behalf of the firm, but right to initiate criminal prosecution cannot be transferred in favour of anyone - Order dismissing complaint by holding that complaint is not maintainable, upheld. 2009(4) Criminal Court Cases 944 (Delhi)
Prevention of Corruption Act, 1988
Prevention of Corruption Act, 1988, Ss.7 & 13 - Illegal gratification - Recovery of tainted currency notes in a trap - Demand not proved as shadow witness was standing at a distance where he could not hear the demand - I.O. did not offer himself for search before effecting search of the accused and this factor assumes significance as there is material discrepancies in the statement of prosecution witnesses as regards the recovery - Accused acquitted on benefit of doubt. 2009(4) Criminal Court Cases 962 (P&H)
Prevention of Corruption Act, 1988, Ss.7, 13(1)(d), 13(2) - Illegal gratification - Demand proved - Recovery also proved - Phenolphthalein test conducted on both the hands of accused separately and there was colour change in the solution - Independent witness corroborated the evidence of complainant - Conviction upheld. 2009(4) Criminal Court Cases 889 (S.C.)
Prevention of Corruption Act, 1988, Ss.7, 13(1)(d), 13(2) - Illegal gratification - In corruption case, the prosecution must prove both the demand and acceptance of the bribe amount. 2009(4) Criminal Court Cases 809 (S.C.)
Prevention of Corruption Act, 1988, Ss.7, 13(1)(d), 13(2), 20 - Illegal gratification - Acquittal by trial Court - Conviction by High Court - Recovery proved - Burden of rebuttal shifted upon accused who failed to rebut the same - Plea that it was not bribe but it was repayment of loan - Number of notes matched with the numbers noted in the ACB - Bushirt washed in sodium carbonate solution and same turned into pink colour - Evidence of complainant consistent and impeachable regarding the demand - Evidence of complainant supported by contemporaneous documents prepared by IO before money was delivered to accused - Nothing tangible extracted from the lengthy cross examination of PWs - Conviction upheld. 2009(4) Criminal Court Cases 846 (S.C.)
Prevention of Corruption Act, 1988, Ss.7, 13(1)(d)(ii) - Illegal gratification - Money recovered from son of accused - Demand and acceptance becomes doubtful - No interference in order of acquittal. 2009(4) Criminal Court Cases 898 (Rajasthan)
Prevention of Corruption Act, 1988, S.13(1)(d)(ii) - Illegal gratification - If an independent witness, joined with the raiding party does not support the case of prosecution and turns hostile, Court can rely upon the other evidence, produced by the prosecution, and if the same is reliable, accused can be convicted. 2009(4) Criminal Court Cases 785 (P&H)
Prevention of Corruption Act, 1988, S.20 - Illegal gratification - Recovery - Presumption - Once the currency notes are recovered from the pocket of the shirt of accused it is for the accused to explain as to how the same came into his possession, which were a short while ago in the possession of the complainant - Accused can rebut such presumption by leading evidence, or from the evidence of the prosecution witnesses - It is not necessary for him, to establish his case, to rebut such statutory presumption, operating against him, beyond a reasonable doubt. 2009(4) Criminal Court Cases 785 (P&H)
Prevention of Food Adulteration Act, 1954
Prevention of Food Adulteration Act, 1954, S.17 - Offence u/s 7, 16 of the Act - Company - Firm and its partners prosecuted as firm had not appointed any nominee - No specific averment against petitioner in complaint that he was in-charge of and responsible to firm for conduct of its business - Proceedings including summoning order quashed against petitioner. 2009(4) Criminal Court Cases 966 (Delhi)
Witness
Witness - A part of the statement of a witness, which appears to be not reliable, can be ignored by the Court, but the other parts of his statement, if found to be reliable, can be relied upon. 2009(4) Criminal Court Cases 785 (P&H)
Witness - Appreciation of evidence - Occurrence witnessed from a distance of 10 feet which took place inside a shop - Shop open - No reason to disbelieve the deposition of PW to state in detail in regard to the manner in which the occurrence took place. 2009(4) Criminal Court Cases 910 (S.C.)
Witness - Appreciation of evidence - PW3 shifted injured to the hospital - In the register his name not mentioned - By itself not a ground for not relying his testimony in support of the prosecution case - Such details are not necessarily recorded in the contemporaneous document. 2009(4) Criminal Court Cases 900 (S.C.)
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