21 January 2019


Search Results for Tag : Conviction

Judgments

When a dying declaration is suspicious, it should not be acted upon without corroborative evidence(09.09.2016)

A charge sheet was filed against accused persons under Sections 302, 452 and 34 of Indian Penal Code and under Section 3 read with Section 25 of the A.....

Tags : Conviction, Evidence, Credibility

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Mere knowledge that modesty of a woman is likely to be outraged is sufficient to constitute offence(23.09.2016)

Instant appeal filed against judgment of High Court dismissing revision petition filed by SPS Rathore-Appellant-accused, a member of prestigious ser.....

Tags : Modesty, Outrage, Conviction

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Court is within powers to direct that subsequent sentence shall run concurrently with previous sentence(03.10.2016)

Appellant was involved in committing thefts was charged of having committed offences on different occasions and was separately tried for offences puni.....

Tags : Conviction, Sentences, Quantum

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Presumption under Section 113B of Evidence Act can be drawn only where ingredients of Section 304B of IPC are fulfilled(21.12.2016)

In facts of present case, FIR under Section 304B/34 of Indian Penal Code, 1860 (IPC), was registered on basis of statement made by complainant. After .....

Tags : Conviction, Evidence, Credibility

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Prosecution under Section 182 of IPC void without following procedure prescribed under Section 195 of Cr. PC(10.01.2017)

Instant appeals arise out of criminal proceedings pending in Court of Additional Session Judge, Delhi in relation to offences registered under Section.....

Tags : Conviction, Procedure, Applicability

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Mere filing of appeal by convicted person should not be a ground to suspend conviction(16.01.2017)

Present application has been filed by Applicant-appellant under Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) se.....

Tags : Conviction, Suspension, Entitlement

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Murder charge cannot be brought home unless there is some evidence to show that, robbery and murder occurred at same time(20.01.2017)

Accused-Appellant had been convicted by trial Court for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. He has a.....

Tags : Conviction, Provision, Applicability

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Person who records dying declaration must be satisfied that deceased was in fit state of mind(19.01.2017)

In present criminal appeal, Accused-Appellant, has challenged judgment passed by Additional Sessions Judge, by which accused appellant was convicted f.....

Tags : Conviction, Dying Declaration, Credibility

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Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted(27.01.2017)

In facts of present case, Appellant was sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 of Indian Penal C.....

Tags : Conviction, Validity, Unlawful assembly

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Intent and knowledge is must for crime to fall under Section 304 Part I of Indian Penal Code(14.02.2017)

In present case, Trial Court observed that, Appellants acted with common intention to commit murder of deceased and found that, prosecution has proved.....

Tags : Conviction, Sentence, modification

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Social interest and conscience of the society is to be kept in mind while exercising the discretion pertaining to awarding of sentence(27.02.2017)

In present case, on basis of statement of injured, an FIR under Sections 448 and 307 of Indian Penal Code, 1860 (IPC) was registered at police station.....

Tags : Conviction, Sentence, Quantum

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Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)

Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt

Instant appeals arise out of a common .....

Tags : Conviction, Evidence, Credibility

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Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)

Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....

Tags : Conviction, Evidence, Credibility

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Where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call records(31.05.2017)

By present appeal, Appellant challenges impugned judgment convicting him for offences punishable under Section 302/201 of Indian Penal Code, 1860 (IPC.....

Tags : Conviction, Evidence, Validity

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Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)

Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....

Tags : Conviction, Evidence, Credibility

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Mere delay cannot be a ground for discarding entire prosecution case(23.06.2017)

In instant case, Trial Court framed charge against Appellant under Section 9(m) of Act punishable under Section 10 of Protection of Children from Sexu.....

Tags : Conviction, Validity, FIR, Delay

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Burden is on accused to prove facts which is within his knowledge(06.07.2017)

Appellant in present appeal is sole accused in Sessions Case, on file of Sessions Judge. He stood charged for an offence under Section 302 of Indian P.....

Tags : Conviction, Sentence, Validity

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Mere possession and recovery of currency notes from an Accused without proof of demand would not establish an offence(14.07.2017)

Appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to present Court against affirmation of his conviction under Sections 7 and.....

Tags : Illegal gratification, Proof, Conviction

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Essence of Section 34 of IPC, is simultaneous consensus of minds of persons participating in criminal action to bring about particular result(25.07.2017)

Present appeals arise out of common judgment and sentence passed by Additional Sessions Judge, Fast Track Court. Trial Court after hearing parties and.....

Tags : Common Intention, Conviction, Validity

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Public servant facing charge of criminal misconduct is not liable to furnish any explanation in absence of proof of the allegation(09.08.2017)

Appellant seeks to overturn judgment rendered by High Court thereby affirming his conviction passed by Trial Court under Section 13(1)(e) read with Se.....

Tags : Conviction, Legality, Proof, Burden

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When evidence of eye witnesses is credible and trustworthy, medical opinion pointing to alternative possibilities cannot be accepted as conclusive(03.08.2017)

Appeals have been filed against common judgment passed by the High Court, whereby order of conviction and sentence passed by trial Court, for offences.....

Tags : Conviction, Validity

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Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)

In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....

Tags : Conviction, Legality, Evidence, Credibility

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Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)

Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....

Tags : Conviction, Legality, Evidence, Credibility

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Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)

By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....

Tags : Conviction, Evidence, Credibility

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Question with regard to juvenility can be raised at any time either during trial or during pendency of the appeal or revision or in any other proceeding pending in any Court of law(11.10.2017)

Present is an appeal under Section 374 of the Code of Criminal Procedure, 1973 filed by the convicts (Appellants) assailing the judgment and order of .....

Tags : Conviction, Legality, Juvenility Plea

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Statement of a person recorded by officers of NCB or CBN after arrest of such person is inadmissible in evidence(10.10.2017)

The instant appeal has been preferred by the accused Appellant being aggrieved of the judgment passed by the learned Special Judge, whereby, the Appel.....

Tags : Conviction, Statement, Admissibility

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Supreme Court need not re-appreciate evidence while affirming the judgments of Courts below in criminal cases(16.11.2017)

In facts of present case, the Animal Husbandry Officer, received information that wrongful withdrawal of treasury bills was being made. He constituted.....

Tags : Conviction, Re-appreciation, Evidence

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When there are strong circumstances proving the guilty, absence of evidence on motive cannot be a circumstance for discarding the evidence(20.11.2017)

The Appellant is convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and he is sentenced to suffer imprisonment fo.....

Tags : Conviction, Legality, Circumstantial Evidence

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When there is an eye witness to occurrence corroborated by other evidence, non-establishment of motive behind the crime is not fatal to prosecution(28.11.2017)

Appeal is against the judgment of conviction and order of sentence passed under Section 302 of Indian Penal Code, 1860 (IPC) against the Accused/Appel.....

Tags : Conviction, Legality, Evidence, Corroboration

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Mere presence of a knife on Appellant cannot impute pre-meditation on his part(23.12.2017)

The Appellant has impugned the judgment and the order on sentence passed by learned Additional Sessions Judge, whereby he has been convicted for commi.....

Tags : Conviction, Legality, Offence, Nature

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Presumption under Section 306 of IPC operates only when there was cruelty or harassment, soon before committal of suicide(05.01.2017)

The Appellant had been convicted for the offences under Sections 302 read with 34, 304-B, 306 and 498 A of the Indian Penal Code, 1860 (IPC). The Firs.....

Tags : Cruelty, Conviction, Legality

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A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)

The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....

Tags : Conviction, Evidence, Credibility

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Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)

The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....

Tags : Conviction, Validity, Burden, Discharge

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Retrial cannot be ordered, when there is a mere irregularity or where it does not cause any prejudice(23.01.2018)

Instant appeal arises out of the judgment passed by Kerala High Court allowing Criminal Revision Petition preferred by Respondent No. 1 thereby settin.....

Tags : Conviction, Validity, Retrial

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Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)

The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....

Tags : Conviction, Evidence, Credibility

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Mere fact that deceased allegedly died an unnatural death could not be sufficient to bring home a charge under Section 201 of IPC(12.02.2018)

Present is a case where the Appellant's wife committed suicide by hanging. The incident took place on 26th December, 1990. The information was conveye.....

Tags : Suspicion, Conviction, Legality

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Suspicion howsoever strong cannot substitute proof(26.02.2018)

Present appeals are against the judgment passed by the learned Additional Sessions Judge arising out of FIR registered at Police Station ('PS'), convi.....

Tags : Conviction, Circumstantial evidence, Proof

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An amendment which affects vested rights is prospective in nature unless legislature makes it retrospective expressly or by necessary implication(08.03.2018)

The Petitioners were held guilty of manufacturing/sale of spurious and mis-branded drugs. Consequently, sentence of RI for three years was imposed und.....

Tags : Conviction, Validity, Trial, Delay

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A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)

The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....

Tags : Conviction, Validity, Evidence, Credibility

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For not keeping his promise to marry the victim, the Appellant can certainly not be convicted and sentenced for rape(29.03.2018)

The Appellant has been convicted under Section 376 of Indian Penal Code, 1860 (IPC) vide judgment passed by the learned 2nd Additional District & Sess.....

Tags : Rape, Conviction, Validity

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Circumstances must be proved which unerringly points out finger towards the accused and none else(25.04.2018)

Appellants assailed the judgment by which Appellants are convicted for the offences punishable under Sections 302, 109, 120-B, read with Section 34 o.....

Tags : Conviction, Validity, Circumstantial evidence

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Heat of passion requires that there must be no time for the passions to cool down(03.05.2018)

The Appellant has filed the present appeal against his conviction and sentence passed by Additional Sessions Judge, convicting him under Section 302 o.....

Tags : Conviction, Validity, Exception, Benefit

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Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)

Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....

Tags : Conviction, Evidence, Credibility

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If evidence of an eyewitness, though a close relative of victim, inspires confidence, it must be relied upon(15.05.2018)

Instant appeal is against the judgment passed by the High Court of Jammu and Kashmir. By the said judgment, the High Court reversed the order of acqui.....

Tags : Conviction, Eye-witness, Evidence

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Appellate Court on hearing appeal filed against judgment of acquittal will not overrule or otherwise disturb trial Court's acquittal, if there is no substantial and compelling reason for doing so(01.06.2018)

In present case, five Accused were tried for the offences punishable under Sections 326, 302, and 114 read with Section 34 of Indian Penal Code, 1860 .....

Tags : Conviction, Validity, Evidence

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Muddamal in self same condition is required to be produced in Court and non-production thereof is fatal to prosecution(31.05.2018)

In instant case, charge sheet was filed against the Accused-Appellant for the offence under Section 8/15 Narcotic Drugs And Psychotropic Substances Ac.....

Tags : Conviction, Validity, Seized muddamal, Non-production

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No presumption can be absolute; every presumption is rebuttable(25.06.2018)

The Appellant has challenged his conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 452 .....

Tags : Conviction, Proof, Validity

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Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption, to draw person charged within coils thereof(20.06.2018)

Instant criminal appeals have been preferred against the judgment and order of conviction and order of sentence passed by Additional Sessions Judge-V,.....

Tags : Dowry death, Conviction, Validity

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Statements of a person who dies, are admissible, if the statements relate to the cause of death, or explain circumstances leading to the death(07.09.2017)

The Appellants faced trial for offence punishable under Sections 306 and 498-A read with Section 34 of Indian Penal Code, 1860 ('IPC'). They have been.....

Tags : Conviction, Legality, Circumstantial evidence

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Mere circumstance of Accused being last seen with the deceased is an unsafe hypothesis for conviction under Section 302 of IPC(19.09.2017)

Present appeal arises from a judgment of a Division Bench of High Court. The High Court affirmed the conviction of the Appellant under Section 302 of .....

Tags : Conviction, Legality, Circumstantial evidence

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Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)

In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....

Tags : Conviction, Exception, Applicability

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Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption(18.11.2016)

Appellants, in-laws of deceased, being aggrieved by conversion of their acquittal into conviction by High Court under Sections 498A and 304B of Indian.....

Tags : Dowry death, Conviction, Proof

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To constitute abetment, intention of accused to instigate commission of suicide is imperative(02.12.2016)

In instant case, assailment is the judgment passed by High Court of Punjab and Haryana, affirming conviction of Appellant and co-accused Sukhvinder Si.....

Tags : Conviction, Abetment, Mensrea

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FIR need not contain an exhaustive account of the incident(04.07.2018)

The judgment and order of conviction passed by the High Court, relating to the conviction of the Appellant, is the subject matter of present appeal. B.....

Tags : Unlawful assembly, Conviction, Validity

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Law presumes that, every person committing an offence is sane and liable for his acts, though in specified circumstances, it may be rebuttable(02.07.2018)

The Appellant assails his conviction under Section 302 and 324 of the Indian Penal Code, 1860 (IPC), rejecting his defence that he was of unsound mind.....

Tags : Conviction, Mental state, Benefit of doubt

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Dying declaration cannot be rejected on hyper technicalities; if it is trustworthy, conviction can be based solely on dying declaration, without any necessity of corroboration(14.08.2018)

By present appeal, the Appellant has challenged judgment passed by the trial Court, whereby she has been convicted under Section 304 Part I of the Ind.....

Tags : Conviction, Legality, Dying declaration

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Kitchen knife and Sil Batta are sufficiently dangerous weapons, if used on vital parts of a person's body can cause serious damage(30.08.2018)

In present matter, the accused challenges the judgment passed by the trial Court convicting him for the offences under Sections 326 and 342 of Indian .....

Tags : Grievous injury, Conviction, Legality

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When accused is not known to victim, then identification parade is necessary(30.08.2018)

Instant conviction appeal has been filed by Ahktar Hussain, which is directed against judgment passed by learned Sessions Judge, whereby Appellant/acc.....

Tags : Conviction, Identification parade, Necessity

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Only recovery of tainted money is not sufficient for conviction, rather prosecution has to prove the demand, acceptance and illegal gratification(30.08.2018)

Sole Appellant has preferred present appeal against the judgment and order by which the Appellant has been convicted under Section 5(2) read with Sect.....

Tags : Illegal Gratification, Conviction, Legality

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Non-collection of FSL report might be a defect of investigation which could not result in acquittal of an accused, when enough evidence was available for conviction(13.09.2018)

Present appeal has been preferred by the Appellant assailing the judgment, order of conviction and sentence respectively passed by the learned Additio.....

Tags : Conviction, Circumstantial evidence, Validity

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In a criminal case, resting entirely on circumstantial evidence, all circumstances are required to be proved solidly beyond reasonable doubt(20.07.2018)

The Appellant was convicted by the Additional Sessions Judge, under Section 302 of Indian Penal Code, 1860 (IPC) in Sessions Case and was sentenced to.....

Tags : Conviction, Circumstantial evidence, Credibility

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Accused is not conferred with any right to claim test identification parade(02.08.2018)

In instant case, the Accused pleaded not guilty and claimed to have been implicated falsely, therefore, wanted to be tried. At the trial, the prosecut.....

Tags : Conviction, Evidence, Credibility

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Default sentence is not to be merged with or allowed to run concurrently with a substantive sentence(20.09.2018)

Present appeal challenges the decision passed by the High Court affirming the conviction and sentence of the Appellant (original Accused No. 6) for of.....

Tags : Conviction, Fine, Imposition

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When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence(28.09.2018)

The Appellant assails his conviction by the High Court under Section 376(2)(f) of Indian Penal Code, 1860 (IPC) sentencing him to ten years rigorous i.....

Tags : Conviction, Evidence, Credibility

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Evidence of Food Inspector need not necessarily corroborate from independent witnesses(05.10.2018)

The revisionist-accused has preferred present revision under Sections 397 and 401 of Code of Criminal Procedure, 1973 (CrPC) against the judgment pass.....

Tags : Conviction, Provision, Compliance

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Examination of any particular number of witnesses is not required for proving prosecution case and reliance can be placed on solitary witness(04.10.2018)

Present appeal has been preferred by the Appellant assailing the judgment and order of conviction passed by the trial Court. By virtue of the impugned.....

Tags : Solitary witness, Conviction, Validity

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Essence of crime of conspiracy is unlawful agreement and not its accomplishment(08.10.2018)

Present appeals are directed against the judgment passed by the trial Court whereby the Appellants were convicted for the offence punishable under Sec.....

Tags : Conspiracy, Circumstantial evidence, Conviction

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In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must(10.10.2018)

Present appeal is directed against the final judgment passed by the High Court in Criminal Appeal whereby the High Court dismissed the appeal filed by.....

Tags : Conspiracy, Conviction, Legality

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Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with atrocity and brutality which the crime has been perpetrated(09.10.2018)

Present jail appeal has been preferred by Accused Appellant against judgment and order passed by Sessions Judge convicting and sentencing Appellant fo.....

Tags : Conviction, Evidence, Credibility

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A person cannot be punished twice for the same offence(24.10.2018)

The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....

Tags : Counterfeit currency, Possession, Conviction, Legality

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Court can compound offence, if the parties have settled the dispute amicably(26.10.2018)

Prayer in present appeal is for setting aside the judgment of conviction passed by the Additional Sessions Judge vide which the Appellant was convicte.....

Tags : Conviction, Dispute, Settlement

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Prosecution is required to establish continuity in links of chain of circumstances, so as to lead to conclusion of Accused being the assailant(31.10.2018)

The Appellant is the wife of the deceased convicted under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with fine of.....

Tags : Circumstantial evidence, Conviction, Legality

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Mere breach of promise without mala fide intention cannot amount to deception(29.10.2018)

The Appellant has preferred present appeal against the judgment passed by the trial Court whereby the Appellant has been convicted for the offence und.....

Tags : Conviction, Consent, Legality

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In absence of fitness certificate referring mental fitness, no reliance can be placed upon dying declaration(02.11.2018)

The Appellant has filed present appeal from his conviction and sentence passed by Additional Session's Judge convicting the Appellant under Section 3.....

Tags : Conviction, Legality, Dying declaration

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When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent(05.11.2018)

The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the c.....

Tags : Conviction, Evidence, Credibility

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Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)

Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....

Tags : Conviction, Legality, Witnesses, Credibility

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A long delay can be condoned if witness has no motive for falsely implicating Accused(27.11.2018)

Present appeal arose out of the judgment passed by the High Court by which the High Court has dismissed the appeal filed by the Appellant herein there.....

Tags : Conviction, Evidence, Credibility

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If the acquittal is justified on a probable view taken by the trial court, it should not be interfered with(04.12.2018)

In instant Appeals, Court is concerned with the correctness of the judgment of the High Court of by which the judgment of the trial Court was set asid.....

Tags : Conviction, Presumption, Innocence

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Standard of proof requires proof that it was accused alone who had committed offence(26.12.2018)

In instant matter, the learned Trial Court after recording evidence and evaluating the same convicted the Petitioner under Sections 279, 337 and 338 o.....

Tags : Conviction, Legality, Standard of proof

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Deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence(03.01.2019)

In present matter, FIR was lodged under Sections 323, 324 of Indian Penal Code, 1860 (IPC) against four persons alleging that, on 18th February, 1985,.....

Tags : Conviction, Injured witness, Evidence

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Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)

The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....

Tags : Conviction, Legality, Evidence, Credibility

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News

Delhi High Court Reverses Dowry Conviction of In-Laws(06.10.2017)

Delhi High Court has noticed a tendency "to rope in all in-laws" by the alleged victims in dowry related cases, and reversed a conviction in one such .....

Tags : Delhi High Court, Dowry Conviction

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SC Notices Centre over Plea Seeking Disqualification of Convicted Representatives(08.11.2016)

Supreme Court has issued a notice to Centre in a plea seeking disqualification of Elected Representatives by Election Commission of India upon convict.....

Tags : Supreme Court, Elected Representatives, disqualification, conviction

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Conviction Upheld by Bombay High Court 13 years After MTNL Employee Took Rs-500 Bribe(06.08.2015)

Bombay High Court has upheld the conviction of an MTNL employee who had taken the money from a phone booth owner for reducing his bank guarantee amoun.....

Tags : Bombay High Court, Conviction, MTNL, Bribe

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Madras High Court Cancels Conviction of Family of Three, Charged in a Murder Case(28.08.2015)

Madras High Court has cancelled conviction and sentence imposed on a family of three, including an aged woman, from murder case on account of various .....

Tags : Madras High Court,Conviction

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Madras High Court Acquits Couple Accused of Murdering Their Child(07.09.2015)

Madras HC has acquitted conviction and life sentence imposed on a couple accused of murdering their 18-month-old child, on ground that lower court’s d.....

Tags : Madras HC,Acquits conviction

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Madras High Court Slams a Trial Court for ‘Illegal’ Conviction(12.10.2015)

Madras High Court has slammed a trial court for throwing to the winds the fundamental principles of criminal jurisprudence and “illegally” convicting .....

Tags : Madras High Court , trial court , Illegal Conviction

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Uttarakhand High Court Cancels Conviction of Rape-Murder Accused(12.10.2015)

Uttarakhand High Court has reversed decision of a lower court in a case of rape and murder of a 10-year-old in Lalkuan, Nainital district, in 2012, as.....

Tags : Uttarakhand High Court , Rape-Murder, Conviction Cancels

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Madras High Court Cancels Conviction of two in a Murder Case(15.10.2015)

Madras HC has acquitted two in case filed against them on charges of abducting a married woman for ransom and subsequently murdering her after relievi.....

Tags : Madras HC , Cancels Conviction

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Madras High Court Raps Trial Court for Wrong Conviction(16.12.2015)

Madras HC has pulled up a Sessions Court for having convicted five people under wrong provisions of law in a highway robbery case and set aside convic.....

Tags : Madras HC, Wrong Conviction, Sessions Court

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International Cases

An appeal Court cannot intervene simply on basis that, it might have exercised discretion differently(16.05.2017)

In facts of present case, on 1st September 2016, Appellant was convicted after a trial in Magistrates Court of five offences of stealing as a servant .....

Tags : Spent conviction, Denial, Validity

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Where offences occur on separate occasions and involve separate transactions, cumulative sentences will generally be called for unless the totality principle requires another approach(12.12.2017)

In instant case, the Appellant was sentenced in the Fremantle Magistrates Court to a total effective sentence of 4 years' imprisonment in respect of 4.....

Tags : Conviction, Sentence, Validity

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Imposition of a sentence other than life imprisonment for the offence of murder will be an exceptional course(01.09.2017)

The Appellant was convicted after trial of murdering the deceased, who was her former partner, on 13 June 2015. She was sentenced to life imprisonment.....

Tags : Conviction, Sentence, Legality

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A conviction based on a plea of guilty may be set aside on basis that, an Appellant satisfies the Court that, he had an arguable defence with a reasonable prospect of success(29.06.2018)

In the instant case, Mr Granato was charged with importing a firearm accessory into Australia in contravention of Commonwealth law. He appeared before.....

Tags : Conviction, Validity, Arguable defence

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Where, there is challenge on totality grounds, severity of sentence imposed on individual count to be assessed in light of its contribution to total effective sentence(08.12.2016)

Appellant appeals against his conviction on the grounds that a miscarriage of justice occurred due to the appellant wrongly pleading guilty. Appellant.....

Tags : Conviction, Sentence, Totality principle

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Sentencing is a discretionary exercise. An Appellate Court can intervene, only if, Appellant demonstrates either an express or implied error(27.06.2018)

The Appellant seeks an extension of time within which to appeal and leave to appeal a total sentence of 22 months immediate imprisonment imposed by a .....

Tags : Conviction, Sentence, Validity

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A reasonable suspicion that a thing has been stolen or unlawfully obtained will necessarily fall short of certainty(06.11.2018)

In facts of present case, the Appellant was convicted after trial in the Magistrates Court of a charge of being in possession of a thing capable of be.....

Tags : Suspicion, Conviction, Legality

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Inferences could be drawn at trial only where Section was invoked(17.09.2018)

Matter Arising out of an incident which occurred on the 3rd June, 2009, Mr. Wilson, the Appellant, was arrested on suspicion of the unlawful possessio.....

Tags : Offence, Trial, Conviction, Validity

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Mere fact that a sentence is outside the range does not necessarily establish that exercise of sentencing discretion in particular case miscarried(09.08.2018)

Present is an appeal against sentence. The Appellant was convicted, on his plea of guilty, on a single count in an indictment which alleged that, on 1.....

Tags : Conviction, Sentence, Quantum

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Sentencing is a discretionary exercise, an Appellate Court can intervene only if Appellant demonstrates either an express or implied material error(19.09.2018)

The Appellant appeals against his sentence of 4 years' immediate imprisonment imposed on his conviction, on his pleas of guilty, to one count of posse.....

Tags : Conviction, Sentence, Validity

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Leave to appeal is required for each ground of appeal(24.12.2018)

The Appellant applies for leave to appeal against his conviction in the Children's Court of Western Australia of one count of burglary and one count o.....

Tags : Conviction, Evidence, Credibility

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An appeal to present Court is not an opportunity to revisit question of appropriate sentence(07.12.2018)

The Appellant pleaded guilty to three offences. He was sentenced to 7 years' imprisonment on count 1, attempting to possess methylamphetamine with int.....

Tags : Conviction, Sentence, Validity

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