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Criminal procedure

DR. ANAND RAI versus STATE OF MADHYA PRADESH & ANR.

The High Court failed to independently scrutinise whether the statutory ingredients of offences under the SC/ST Act were prima facie disclosed; the prosecution material did not contain averments or evidence establishing the requisite knowledge that the complainant was a member of a Scheduled Caste or Scheduled Tribe, and therefore charges under the SC/ST Act could not be sustained at the threshold and were quashed, with the matter remitted to the trial court to proceed on other charges.

Source excerpt

  • Discharge under section 227 crpc
  • Framing of charge under section 228 crpc
  • Appellate powers of the high court under section 14-a sc/st act
  • Knowledge requirement for offences under the sc/st act (ss.3(2)(v),(va))
  • Scope and limits of preliminary scrutiny
  • Effect of bnss 2023 on procedure
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Penal code, 1860

RAJ KUMAR @ BHEEMA versus STATE OF NCT OF DELHI

The conviction could not be sustained because the sole identifying witness's dock identification was unreliable (elderly witness with weak distance vision not wearing spectacles, identification after about eight and a half years via video conferencing, material improvements and denial of attendance at the alleged TIP), the TIP itself was shown to be fundamentally flawed or of doubtful authenticity, and recoveries were not credibly connected to the crime (no identification of recovered articles at trial and blood on the pant did not match the scene/deceased/victim); accordingly no substantive…

Source excerpt

  • Test identification parade (tip)
  • Identification by sole eyewitness
  • Evidence recorded over video conferencing
  • Cross-examination as to previous written statements
  • Recoveries and forensic serology
  • Identification after long delay
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Criminal law

GOVIND versus STATE OF HARYANA

The prosecution failed to prove the appellant's guilt beyond reasonable doubt because the primary eyewitness turned hostile and did not establish presence of the appellant at the scene; the alleged motive was not proved; the pistol and cartridges were recovered from an unlocked iron box in a room accessible to other family members without independent public witnesses; the chain of custody (seizure, storage, deposit to FSL) was not duly proved; and the FSL correlation alone, absent proof that the recovered pistol was the weapon used in the offence, was insufficient to sustain conviction. Conse…

Source excerpt

  • Recovery from place accessible to others
  • Fsl report and ballistic correlation
  • Section 27 evidence act 'distinctly' requirement
  • Motive and circumstantial evidence
  • Chain of custody of exhibits
  • Hostile eyewitness/last seen evidence
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Criminal law

ZAINUL versus THE STATE OF BIHAR

On the facts the Court found material contradictions, embellishments and conflicts between ocular testimony of injured witnesses and medical records, deficiencies in identification and in the FIR/first information aspect such that the prosecution did not prove guilt beyond reasonable doubt; accordingly convictions of the appellants were set aside and they were acquitted, and the PW-20 hospital statement could not be treated as the FIR where earlier information had reached police.

Source excerpt

  • Section 149 of the ipc
  • Unlawful assembly
  • Innocent bystander
  • Member of unlawful assembly
  • Rule of prudence in convicting members of unlawful assembly
  • Ocular evidence
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Criminal law

THAMMINENI BHASKAR versus THE STATE OF ANDHRA PRADESH

The prosecution failed to prove that the appellant kidnapped or was last seen with the deceased, and the circumstantial evidence did not satisfy the five golden principles; animosity alone was insufficient to convict, therefore the convictions under Sections 302, 364 and 201 IPC were unsustainable and must be set aside.

Source excerpt

  • Murder
  • Kidnapping
  • Circumstantial evidence
  • Last seen theory
  • Hostile witnesses
  • Sentencing
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Penal code, 1860

MANIKLAL SAHU versus STATE OF CHHATTISGARH

The injuries sustained by the deceased were sufficient in the ordinary course of nature to cause death and the fatal septic complications were attributable to those injuries; a delay of about nine months and the occurrence of complications during treatment do not automatically break the causal nexus or reduce the offence to an attempt under Section 307 IPC; consequently the High Court was in error in holding the matter to be one under Section 307 on that basis.

Source excerpt

  • Section 300 ipc
  • Section 302 ipc
  • Section 307 ipc
  • Causation and supervening causes
  • Medical evidence and septicemia
  • Attempt to murder vs murder
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Penal code, 1860

RAJAN versus THE STATE OF HARYANA

The trial court and High Court correctly and thoroughly appreciated the direct ocular evidence of the two eyewitnesses (including an injured eyewitness); absence of recovery of the alleged firearm did not undermine reliable direct evidence; although the High Court's delay of about 2 years 5 months in uploading the reasoned judgment is a matter of grave concern, on the facts of this case the delay did not cause such prejudice as to warrant setting aside the conviction, and therefore the appeal is dismissed.

Source excerpt

  • Murder (ss.302/34 ipc)
  • Offences under arms act (ss.25, 27)
  • Ocular evidence and injured eyewitness
  • Appreciation of ocular evidence
  • Discovery or recovery of weapon
  • Delay in uploading high court judgment
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Penal code, 1860

SD. SHABUDDIN versus THE STATE OF TELANGANA

The High Court erred by shifting the burden to the accused via Section 114 Evidence Act and by sustaining conviction under Section 411 IPC despite both Courts having acquitted the accused of theft under Section 379 IPC; because prosecution failed to prove the foundational fact of theft and to link the recovered cash to the deceased, possession alone and inability to account cannot sustain conviction under Section 411, and the initial burden remained on the prosecution under Section 102 Evidence Act.

Source excerpt

  • Section 411 ipc
  • Section 379 ipc
  • Burden of proof
  • Presumption under section 114 evidence act
  • Initial burden under section 102 evidence act
  • Possession of alleged stolen property
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Penal code, 1860

SHANTI DEVI versus STATE OF HARYANA

The prosecution failed to establish a complete and cogent chain of incriminating circumstances: the alleged motive was unsubstantiated and contradictory, the last-seen-together and extra-judicial confession evidence were unreliable and likely fabricated, the recoveries were doubtful and rendered inconsequential by a negative FSL/serology report; therefore convictions and sentences under Sections 302/34 and 201/34 IPC could not be sustained and the accused (appellant and non-appealing co-accused) were to be acquitted.

Source excerpt

  • Murder
  • Illegal occupation
  • Chain of incriminating circumstances
  • Appellate jurisdiction
  • Testimony of the witnesses
  • Last seen together theory
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Penal code, 1860

SHAIL KUMARI versus STATE OF CHHATTISGARH

Conviction could not be sustained where it rested solely on the unreliable testimony of PW-2 which was an improved and contradictory account vis-à-vis his statement under Section 161 Cr.P.C., where no other evidence connected the appellant to the crime and the prosecution failed to establish the required complete chain of circumstantial evidence; therefore the conviction and sentence were quashed and the appellant acquitted.

Source excerpt

  • Circumstantial evidence
  • Chain of events
  • Improving examination-in-chief
  • Conviction on the basis of circumstantial evidence
  • Conjectures and surmises
  • Murder
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.