Criminal Law
Lack Of CDR From Rural Telephone Exchange In 2003 Not Material : Supreme Court Upholds Conviction In Kidnapping Case
The Supreme Court recently observed that non-production of the Call Detail Record (CDR) would not be fatal to the prosecution's case, when the substantive oral evidence remains cogent, credible, and completely unimpeached. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale upheld the conviction of two individuals, who were accused of kidnapping for a ransom under Section 346A...
O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court
Rajasthan High Court has said that an armed forces personnel–posted as a Soldier, Sailor or Airman, must be served summons for service of a case through their commanding officer as provided under General Rules (Civil & Criminal) 2018. The court was considering the question 'Whether the service of summons upon a person, who is posted as Soldier, Sailor or Airman in the Armed Forces can...
Bihar Court Sentences 85-Year-Old Man To 3 Yrs In Jail In 1992 Attempt To Murder Case; Granted Provisional Bail
A Court in Bihar's Vaishali district on Tuesday convicted an 85-year-old man in connection with a 1992 attempt to murder case. Additional District and Sessions Judge Manoj Kumar Tiwari found the octogenarian, Deep Rai, guilty under Sections 147 (rioting), 148 (rioting armed with a deadly weapon) and 307 (attempt to murder) IPC, along with Section 27 of the Arms Act. Rai...
“Ordinary Citizen Not Supposed To Know Full Form Of BNSS Unless Informed”: J&KL High Court Quashes Preventive Detention Order
The High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, observing that an ordinary citizen is not supposed to know the full form or meaning of the abbreviation 'BNSS' unless law enforcement agencies and the concerned magistrate disclose it.The Court held that the detention order referring to...
'Sad Picture': MP High Court Enhances Maintenance Of Wife Allegedly Married As Teenager, Says She Can't Be Denied Reasonable Sum
The Madhya Pradesh High Court enhanced maintenace amount ordered by a family court to a woman, remarking that it was a sad picture of the rights of girls wherein the woman who was allegedly a victim of child marriage, was again being victimized by being provided "meagre amount of maintainance". The woman, who was allegedly married in 2015 while she was only 13 years old, had alleged cruelty...
Habeas Corpus Plea Not Maintainable Against Arrest & Remand Order Once Cognizance Taken; Accused Must Seek Regular Bail: Allahabad HC
In a significant verdict passed last week, the Allahabad High Court has held that once a competent Court takes cognizance on the charge sheet, an accused cannot maintain a habeas corpus petition challenging the legality of his arrest or the initial remand order passed under Section 167(2) CrPC/187(2) BNSS. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi reasoned that...
Conviction Can't Be Based On Evidence Recorded Prior To Summoning Accused U/S 319 CrPC: Allahabad High Court
The Allahabad High Court recently held that evidence recorded in the absence of an accused person, which is relied upon to summon him under Section 319 CrPC, cannot later form the basis of his conviction.A bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi observed thus while acquitting a murder accused in connection with a 2008 case.The trial court had convicted the...
Adarsh Cooperative Society 'Scam': Rajasthan High Court Revokes Default Bail Granted To Co-Accused On Ground Of Incomplete Charge Sheet
Rajasthan High Court cancelled the default bail granted under Section 167 (2) CrPC, to one of the co-accused, Rajeev Kumar Rana, under IPC, Prize Chits and Money Circulation Scheme (Banning) Act, and IT Act (2000), in an alleged Rs. 9238 Crores Loan scam case. The accused has been asked to surrender within 4 weeks. The State moved the high court seeking cancellation of bail granted by the...
Presence Of Police Officer During Recording Of Section 164 CrPC Confession Renders It Inadmissible: Gauhati High Court
The Gauhati High Court has held that confessions recorded by a Judicial Magistrate under Section 164 CrPC in the presence of a police officer cannot be said to be voluntary and cannot be relied upon as substantive admissible evidence for recording conviction against the accused.A Division Bench of Justice Michael Zothankhuma and Justice Sanjeev Kumar Sharma observed, “In the present case,...
Yogesh Goudar Murder: CBI Opposes In Karnataka HC Suspension Of Convicted Ex-Cop's Sentence, Says S.389(3) CrPC Doesn't Apply Once Appeal Filed
The Central Bureau of Investigation (CBI) on Tuesday (May 26) opposed the suspension of sentence sought by former police inspector Channakeshava B. Tingarikar, convicted for manipulating evidence and protecting the real perpetrators in the Yogesh Goudar murder case.Arguing before the Karnataka High Court, CBI submitted that the relief of bail under Section 389(3) CrPC applies only at the...
Ill-Treatment In Matrimonial Home Justifies Separate Residence Of Wife, Even If Husband Not Personally Guilty: Bombay HC Grants Maintenance
Torture or ill-treatment of the wife in her husband's house, or even when a wife cannot reasonably hope that she can live with dignity at her husband's house are some sufficient grounds for a wife to refuse to live with her husband and seek maintenance under section 125 of the Criminal Procedure Code (CrPC), the Bombay High Court held recently.Sitting at the Nagpur seat, single-judge...