Supreme Court Criminal Digest-August 2023

15 days police custody meant to be applied to the entire period of investigation as a whole : Supreme Court doubts 1992 precedent. V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611 : 2023 INSC 677A Judge does not preside over a criminal trial merely to see that no innocent man is punished. This Court proceeded to observe that a Judge also presides to see that a guilty man does not escape. Both are public duties. The law does not enjoin a duty on the prosecution to lead evidence of such character, which is almost impossible to be led, or at any rate, extremely difficult to be led. The duty on the prosecution is to lead such evidence, which it is capable of leading, having regard to the facts and circumstances of the case. Wazir Khan v. State of Uttarakhand. 2023 LiveLaw (SC) 601 : 2023 INSC 674Abkari Act; Section 8 - The testimonies of official witnesses cannot be discarded simply because independent witnesses were not examined - the person receiving the information of the crime or detecting the occurrence thereof, can investigate the same. Questioning such an investigation on the basis of bias or such like factor, would depend on the facts and circumstances of each case. It is not amenable to a general unqualified rule that lends itself to uniform application. (Para 16-26) Sathyan v. State of Kerala, 2023 LiveLaw (SC) 627 : 2023 INSC 703'Age-old principle "where women are respected, gods live there" would recede to background' : Supreme Court cancels bail to gang-rape accused. Bhagwan Singh v. Dilip Kumar @ Deepu @ Deepak, 2023 LiveLaw (SC) 707 : 2023 INSC 761Allegations in complaint made in good faith to lawful authority cannot attract offence of defamation. Kishore Balkrishna Nand v. State of Maharashtra, 2023 LiveLaw (SC) 602 : 2023 INSC 675Antilia bomb scare case - Supreme Court grants bail to former Mumbai Police officer pradeep sharma. Pradeep Rameshwar Sharma v. National Investigation Agency, 2023 LiveLaw (SC) 699 : 2023 INSC 755Bail condition of NDPS accused relaxed - The liberty of an accused who is facing prolonged trial deserves attention of the Court - Prolonged incarceration of undertrial prisoners violates the constitutional principles of dignity and liberty. (Para 8 - 10) Ejike Jonas Orji v. Narcotics Control Bureau, 2023 LiveLaw (SC) 670Bootlegger - Samples which were drawn and collected from the liquor seized from the possession of the appellant detenu were sent to the forensic science laboratory for the purpose of chemical analysis and in all cases, the analysis report states that the samples were found to be unfit for human consumption and injurious to health. (Para 52) Pesala Nookaraju v. Government of Andhra Pradesh, 2023 LiveLaw (SC) 678Can bail condition requiring assurance from the embassy that foreign accused will not leave India be imposed? Supreme Court to examine. Frank Vitus v. Narcotics Control Bureau, 2023 LiveLaw (SC) 681Chargesheet filed in a language which the accused does not understand is not illegal; translation can be given. Central Bureau of Investigation v. Narottam Dhakad, 2023 LiveLaw (SC) 708 : 2023 INSC 770Cheque case against the firm's partner can be quashed only on strong evidence that he didn't have any concern with issuing the cheque. Riya Bawri v. Mark Alexander Davidson, 2023 LiveLaw (SC) 695 : 2023 INSC 757Cheque Dishonour - Concurrent sentencing rule only when cases arise out of a single transaction. K. Padmaja Rani v. State of Telangana, 2023 LiveLaw (SC) 584Circumstantial Evidence - Cases are frequently coming before the Courts where the husbands, due to strained marital relations and doubt as regards the character, have gone to the extent of killing the wife. These crimes are generally committed in complete secrecy inside the house and it becomes very difficult for the prosecution to lead evidence - No member of the family, even if he is a witness of the crime, would come forward to depose against another family member - If an offence takes place inside the four walls of a house and in such circumstances where the assailants have all the opportunity to plan and commit the offence at the time and in the circumstances of their choice, it will be extremely difficult for the prosecution to lead evidence to establish the guilt of the accused, if the strict principle of circumstantial evidence, is insisted upon by the Courts. Wazir Khan v. State of Uttarakhand. 2023 LiveLaw (SC) 601 : 2023 INSC 674Code of Criminal Procedure, 1973 - Curtailment of 15 days of police custody by any extraneous circumstances, act of God, an order of Court not being the handy work of investigating agency would not act as a restriction. (Para 60) V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611 : 2023 INSC 677Code of Criminal Procedure, 1973 - Section 167 of the Cr.P.C. is a bridge between liberty and investigation performing a fine balancing act. (Para 77) V. Senthil Balaji v. State, 2023 LiveLaw (SC) 611 : 2023 INSC 677Code of Criminal Procedure, 1973 - Sections 311, 367 and 391...

Supreme Court Criminal Digest-August 2023

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