Criminal Law
'Last Heard' Over Phone Can't Be Treated As 'Last Seen Together' Evidence: Chhattisgarh High Court Acquits Murder Convict
The Chhattisgarh High Court has held that the circumstance of a deceased informing a person during a telephonic conversation that he was in the company of the accused constitutes, at best, a case of "last heard" and cannot be equated with the doctrine of "last seen together". The Court observed that the trial court had erroneously treated evidence of "last heard" as proof of "last seen together".[2026 LiveLaw (Chh) 77]A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra...
Matrimonial Dispute Cannot Be Heard By MP/MLA Courts Just Because One Party Is A Legislator : Supreme Court's Prima Facie View
The Supreme Court has made a prima facie observation that MP/MLA courts specially designated to expedite criminal cases against the legislators lack jurisdiction to try matrimonial disputes. “We are not convinced that a matrimonial dispute can be agitated before such a special Court merely for reason of one of the parties being a legislator.”, observed a bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran, while hearing a plea of MLA Raghuraj Pratap Singh (popularly known as Raja...
Children Easy Targets, Lack Words To Explain Ordeal: Gujarat High Court Denies Probation To Convicts Who Molested Teenage Girls
The Gujarat High Court has upheld the conviction of two men for outraging the modesty of two teenage girls and rejected the accused's plea for probation observing, that perpetrators with such criminal mentality specifically target children because they can be easily intimidated.The court also referred to the IO's report which said that on very few occasions would the victim's father...
WhatsApp Chats, Emails From Owner's Personal Device Can Be Proved Through His Own S.65B Evidence Act Certificate: Telangana High Court
The Telangana High Court has held that a party seeking to rely on emails and WhatsApp chats originating from their own personal device is not required to obtain a Section 65B certificate from an external or official authority. It held that the owner and manager of the device can furnish the certificate contemplated under Section 65B(4) of the Indian Evidence Act, 1872. It thus set aside a...
Allegation Of Child Marriage Doesn't Empower Divorce Court To Direct POCSO FIR: Calcutta High Court
The Calcutta High Court has held that a court hearing a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 cannot travel beyond the limited scope of the proceedings to direct registration of a criminal case under the Protection of Children from Sexual Offences (POCSO) Act.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya set aside an order of the Additional District Judge, Contai, which had dismissed a mutual consent...
S. 50 NDPS Act Applies Only To Personal Search, Not When Recovery Is From Articles Carried By Accused : Supreme Court
The Supreme Court on Tuesday (July 21) observed that the protection under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, to be searched in the presence of a Gazetted Officer or a Magistrate, would be available during the personal search of an accused and doesn't extend to searches when the accused was carrying a bag, container, or any other object. “The protection under Section 50 is confined to cases where the recovery is sought to be effected through the personal...
'Crime Executed In Calculated Manner': Gujarat High Court Denies Bail To Man Booked For Woman's Murder & Staging Her Death As Road Accident
The Gujarat High Court refused bail to a married man accused of murdering a woman with whom he was allegedly in a relationship and of subsequently attempting to portray her death as a road accident. [2026 LiveLaw (Guj) 201]In doing so the court prima facie observed that the crime was executed in a calculated manner and there was an attempt to mislead the state machinery. The prosecution...
Child Who Saw Mother Being Killed Is A Victim Too: Calcutta High Court Convicts Husband, Family In 2006 Murder Case
The Calcutta High Court has reversed the acquittal of a husband and four of his relatives in a 2006 murder case, holding that the trial court committed "fundamental errors" in discarding the testimony of the couple's minor son, who had witnessed his mother's death.A Division Bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay convicted husband Samir Das, his brother Samar...
HP High Court Calls For Contempt Action Against Litigant Who Accused Magistrate Of Corruption, Says Baseless Allegations Scandalise Judiciary
After a litigant made reckless and unsubstantiated allegations of corruption against a Judicial Magistrate, the Himachal Pradesh High Court has directed that the matter be placed before the Chief Justice to constitute an appropriate Bench to consider initiating criminal contempt proceedings.The Court further Observed that baseless accusations against judicial officers amount to an attempt...
Admission Of Issuing Cheque Alone Can't Be Treated As Plea Of Guilt In S.138 NI Act Case: J&K&L High Court
Delineating the limits of summary criminal procedure, the High Court of Jammu & Kashmir and Ladakh has held that a defence disclosed by an accused while recording his plea under Section 251 of the Code of Criminal Procedure cannot be converted into a plea of guilt merely because the accused admits issuing the cheque or expresses willingness to settle accounts.The Court ruled that unless the admission is voluntary, unqualified, unequivocal and covers every constituent ingredient of the...
AP High Court Quashes Cruelty FIR Against Husband's Alleged Second Wife, Says She's Not 'Relative' Under S.498A IPC
The Andhra Pradesh High Court quashed cruelty FIR agaist a woman accused of being the second wife of a married man, after noting that she would not fall under the category of "relative" to invoke Section 498A IPC.[2026 LiveLaw (AP) 145]For context FIR was lodged under Section 498A IPC which penalises cruelty by a husband or his relatives towards a married woman; Sections 3 and 4 of the...