Supreme Court Monthly Criminal Digest November 2022

CBI Investigation - Keralite Medical Student Death in Mangaluru in 2014 - Writ petition filed by his father seeking CBI investigation - Allowed - It appears prima facie that it is not a case of simple accident as opined by the Investigating Agency - CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried to find out the truth - It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed - Abated charge-sheet set aside. M.S. Radhakrishnan v. State of Karnataka, 2022 LiveLaw (SC) 918 Circumstantial Evidence - In order to sustain conviction, the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused only and none else. The circumstantial evidence must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. [Para 33] Rahul v. State of Delhi Ministry of Home Affairs, 2022 LiveLaw (SC) 926 Code of Criminal Procedure, 1973 ; Section 439(2) - Cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bai - The powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused - In a case where bail has already been granted, its upsetting under Section 439(2) CrPC is envisaged only in such cases where the liberty of the accused is going to be counteracting the requirements of a proper trial of the criminal case - Unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered. (Para 19 - 20) Bhuri Bai v. State of Madhya Pradesh, 2022 LiveLaw (SC) 956 Code of Criminal Procedure, 1973; Section 125 - Income tax returns do not necessarily furnish an accurate guide of the real income. Particularly, when parties are engaged in a matrimonial conflict, there is a tendency to underestimate income. Hence, it is for the Family Court to determine on a holistic assessment of the evidence what would be the real income. (Para 10) Kiran Tomar v. State of Uttar Pradesh, 2022 LiveLaw (SC) 904 Code of Criminal Procedure, 1973; Section 161 and 164 - Indian Evidence Act, 1872; Sections 145,157 - Statements recorded under Section 161 Cr.P.C. are inadmissible in evidence and its use is limited for the purposes as provided under Sections 145 and 157 of the Evidence Act - statement recorded under Section 164, Cr.P.C. can also be used only for such purposes. (Para 20) State of Maharashtra v. Dr. Maroti Kashinath Pimpalkar, 2022 LiveLaw (SC) 898 Code of Criminal Procedure, 1973; Section 162 - Even a TIP conducted in the presence of a police officer is inadmissible. (Para 29, 44) Gireesan Nair v. State of Kerala, 2022 LiveLaw (SC) 955 Code of Criminal Procedure, 1973; Section 164 - Rape victim's statement made under Section 164 CrPC should not be disclosed to any person (including accused) till charge-sheet/final report is filed - Referred to State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna (2014) 8 SCC 913 and A vs. State of Uttar Pradesh (2020) 10 SCC 505 - Appropriate modifications / amendments be made to the Criminal Practice/Trial Rules incorporating provisions consistent with the directions issued by this Court in these decisions. X v. M Mahender Reddy, 2022 LiveLaw (SC) 899 Code of Criminal Procedure, 1973; Section 293 - Ballistic Report forwarded by Director/ Deputy Director/ Assistant Director of a lab under the seal can be said to be in compliance with the statutory requirement under Section 239 Cr.P.C. (Para 167-171) Ashok Kumar Chandel v. State of U.P., 2022 LiveLaw (SC) 915 Code of Criminal Procedure, 1973; Section 319 - Discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant - The crucial test has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. (Para 11-12) Naveen v. State of Haryana, 2022 LiveLaw (SC) 897 Code of Criminal Procedure, 1973; Section 41A - The observations made in the impugned judgment [State of Telangana vs Ramachandra Barathi @ Sathish Sharma V.K.] which are contrary to the observations made in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 would not be treated as a binding precedent in the State of Telangana. Ramachandra Barathi @ Sathish Sharma V.K. v. State of Telangana, 2022 LiveLaw (SC) 986 Code of Criminal Procedure, 1973; Section 428 - An indispensable requirement to invoke...

Supreme Court Monthly Criminal Digest November 2022

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