Supreme Court Weekly Round-Up

Finger Print Evidence Of Accused Taken Without Magistrate's Order Not Illegal [Ashish Jain vs. Makrand Singh] The Supreme Court observed that merely due to the absence of a magisterial order authorizing the police to obtain fingerprints of the accused, it cannot be held that the fingerprint evidence was illegally obtained. The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar was considering the issue of legality of fingerprints obtained without magistrate order authorizing it. The bench also observed that there is no evidentiary value to an involuntary confessional statement made under undue pressure and compulsion from the investigating officer, even when it leads to the recovery of material objects in relation to a crime. Why Should They Speak Lie: Deceased's Parents Are Most Natural Witnesses in Dowry Death Case [Mahadevappa vs. State of Karnataka] The Supreme Court upheld conviction of a man accused of dowry death, relying on the evidence of his deceased wife's parents and relatives. In this case the prosecution had alleged that, the accused poured kerosene oil on his wife Rukmini Bai when she was in kitchen and set her on fire. The Trial Court had acquitted him holding that the prosecution was not able to prove the charge of demand of dowry against him. It had also held that there is no proof that she suffered homicidal death. The High Court, on state's appeal, reversed these findings and convicted the accused. The accused challenged the conviction before the Apex court. He May Be A Reformed Person Already: SC Commutes Death Sentence To Pune Driver Who Killed 9 By His Murderous 'Joy Ride' [Santosh Maruti Mane V. State of Maharashtra] The Supreme Court, last week, commuted death penalty awarded to a bus driver whose murderous 'joy ride' had resulted in death of nine persons in the year 2012. The bench comprising of Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah observed that though the defence of insanity is not established in this case, the accused was under mental strain and stress which resulted in the tragedy. State Cannot Thrust Its Own Notions Of Morality On Society [Indian Hotel and Restaurants Association (Ahar) V. State of Maharashtra] While relaxing the stringent conditions imposed by the Government for getting license for dance bars, the Supreme Court observed that State cannot thrust its own notion of morality on the society. The bench comprising Justices AK Sikri and Ashok Bhushan considering the submissions about 'morality' made by the Maharashtra State Counsel Senior Advocate Shekhar Naphade, examined the extent to which the State can go in imposing 'morality' on its citizens? Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC [Rajesh vs. State of Haryana] The Supreme Court reiterated that conviction under Section 306 of the Indian Penal Code (Abetment of Suicide) is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide. 'Cheque Bounce' Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable [Sicagen India Ltd vs. Mahindra Vadineni] The Supreme Court held that a 'cheque bounce' complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintainable. SC Grants Parole To TADA Convict After 24 Years Custody The Supreme Court, on Thursday, granted parole to one of the convicts in the bomb blasts that were orchestrated in various trains during the night intervening 5th and 6th of December, 1993. The blasts had taken place in six Rajdhani Express trains across the country, killing two people and injuring several others. 16 people were then convicted under the now-repealed Terrorist and Disruptive Activities (Prevention) Act by the designated TADA court at Ajmer in 2004. A Bench comprising Justice UU Lalit and Justice KM Joseph now noted that the petitioner, Mohammed Shamsuddin had been in 24 years of actual custody and has never been released on parole. Rape And Murder Of 8Yr Old Girl: SC Commutes Death Sentence To 25 Yrs Imprisonment Without Remission The Supreme Court on Friday commuted to life imprisonment the death sentence, as confirmed by the Madhya Pradesh High Court, of a convicted for the rape and murder of an eight-year old girl. The bench of Justices S. A. Bobde, L. Nageswara Rao and R. Subhash Reddy noted that the appellant was charge-sheeted under Sections 5 and 6 of Protection of Children from Sexual Offences Act, 2012, in addition to the offences under Sections 302, 363, 366 and 376(2)(i) of the IPC. There Cannot Be A Total Prohibition Of Dance Bars In Maharashtra;SC Relaxes Stringent Conditions For Licence The Supreme Court on Tuesday held that there cannot be a total prohibition of dance ...

Supreme Court Weekly Round-Up

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Supreme Court Weekly Round-Up

Ashok Kini

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