Search Results for Tag : 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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SC: Only When Conviction Arise Out of the Single Transaction, Concurrent Sentence Would be Merited(02.08.2023)

Supreme Court while observing that only when the conviction arise out of the single transaction, concurrent sentence would be merited, has held that i.....

Tags : Supreme Court, Conviction, Concurrent Sentence

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SC: Conviction Can Be Based on Sole Testimony of Victim If Reliable and Trustworthy(19.10.2020)

Supreme Court has reiterated that there can be a conviction based on the sole testimony of the sexual assault victim if she is found to be reliable an.....

Tags : Supreme Court, Conviction Based on Testimony of Victim

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SC: If Accused had No Intention/Knowledge to Cause Death, Conviction U/S 308 IPC Not Sustainable(07.07.2023)

Supreme Court while modifying conviction imposed on a bus conductor under Section 308 of IPC, has observed that conviction under Section 308 of IPC is.....

Tags : Supreme Court, Death, Conviction, Sustainable

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Guj HC to State: Form Committee to Identify Rape Cases Where Convictions is Based on Weak Evidence(17.07.2023)

Gujarat High Court has directed State Government to establish a committee to identify rape cases which are pending before the High Court where convict.....

Tags : Gujarat High Court, Rape, Weak Evidence, Conviction

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SC: No Automatic Conviction under Section 306 IPC because Accused was Found Guilty under Section 498A(27.11.2019)

Supreme Court has observed that merely because an Accused is found guilty of an offence punishable under Section 498A of Indian Penal Code, 1860 and t.....

Tags : SC, Conviction

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SC: Vote Cast by Lawmaker Prior to Conviction on Same Day Cannot be Termed Invalid(21.12.2020)

Supreme Court has held that a vote cast by a lawmaker prior to his conviction in a criminal case on the same day cannot be termed as invalid.

Tags : Supreme Court, Vote Cast Before Conviction

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SC: No Conviction Under Section 304B IPC if Unnatural Death is Not Established(07.12.2020)

Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code, 1860 cannot be made out if the cause of death has .....

Tags : Supreme Court, Dowry Death Conviction

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Allahabad HC Upholds 3 Year Imprisonment of Man for Mutilating Private Part of 4 Year Old Girl(29.08.2022)

Allahabad High Court has upheld the conviction and 3-year imprisonment awarded to a man who had mutilated the private part of a 4-year-old girl in yea.....

Tags : Allahabad High Court, Conviction, Private Parts

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Allahabad HC: No Conviction Under SC/ST Act if Offence Not Committed on Ground of Victim's Caste(29.07.2022)

Allahabad High Court has held that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence that .....

Tags : Allahabad High Court, SC/ST Act, Caste, Conviction

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Allahabad HC: Compensation Under SC/ST Act Should be Paid on Conviction & Not on Filing of FIR(04.08.2022)

Allahabad High Court has held that compensation to the Victims under the SC/ST (Prevention of Atrocities) Act, 1989 should be disbursed only upon the .....

Tags : Allahabad High Court, Compensation, SC/ST Act, Conviction

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Ker. HC: Limitation Act Doesn’t Stipulate Time for Victim to File Appeal U/S 372 CrPC(13.10.2023)

Kerala High Court while relying on judgment in Sobhanakumari K. vs. Santhosh (MANU/KE/2167/2017), has held that here is no time period stipulated unde.....

Tags : Kerala High Court, Limitation Act, Appeal, Conviction

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Bombay HC: Conviction in Non-Compoundable Case Can't Be Set Aside by HC(07.01.2021)

Bombay High Court has held that the High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure, 1973 cannot s.....

Tags : Bombay High Court, Conviction in Non-Compoundable Case

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SC Converts Conviction of Appellants from Murder to Voluntarily Causing Grievous Hurt(24.11.2021)

Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal .....

Tags : Supreme Court, Conviction of Appellants

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MP HC: Power of Suspension of Conviction Can Only be Exercised in Very Exceptional Circumstances(18.10.2023)

Madhya Pradesh High Court has observed that the power of suspension of conviction can only be exercised in the very ‘exceptional circumstances’ and th.....

Tags : Madhya Pradesh High Court, Suspension, Conviction

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Delhi High Court Convicts 'Barely 17 Years Old Boy' for Rape as He Fails to Claim Juvenility(05.02.2020)

Delhi High Court has convicted and sentenced a minor boy under the Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act, 20.....

Tags : Delhi High Court, Conviction of Juvenile

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SC Upholds Conviction of Man Accused of Killing Father Under Influence of Liquor(15.09.2022)

Supreme Court while upholding conviction of man accused of killing his own father following a fight under influence of liquor, has held that maybe it .....

Tags : Supreme Court, Conviction, Liquor

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Bombay HC Upholds Conviction of God-Man for Raping Married Woman as Part of Child Bearing Ritual(10.12.2021)

Bombay High Court has said while confirming a god-man's conviction for raping a married woman under the guise of child bearing rituals, that the blind.....

Tags : Bombay High Court, Conviction of God-Man for Raping Married Woman

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P&H HC: Jail Before Conviction is Punishment as Conviction Rate Low in Our Country(30.11.2022)

Punjab and Haryana High Court while quashing a lower court's order canceling the bail of a murder accused, has held that imprisonment of the accused b.....

Tags : Punjab and Haryana High Court, Conviction, Bail

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SC: Demand of Ransom Coupled with the Threat to Life Necessary for Conviction Under Section 364A IPC(04.01.2024)

Supreme Court has held that for conviction under Section 364A of IPC, the prosecution must prove, beyond a reasonable doubt, before the Court not only.....

Tags : Supreme Court, Conviction, Section 364A, Kidnapping

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SC: Defence Not Lost if Plea Not Taken Under Section 313 CrPC(05.01.2024)

Supreme Court while observing that statement recorded u/s 313 of CrPC cannot form the sole basis of conviction, has held that mere omission to take a .....

Tags : Supreme Court, Section 313 of CrPC, Conviction

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Ori. HC: Evidence From 'Microscopic Hair Comparison' Can’t be the Sole Ground For Murder Conviction(06.02.2024)

Orissa High Court has held that the evidence adduced from the 'microscopic hair comparison' cannot be solely used to record a conviction for murder ag.....

Tags : Orissa High Court, Microscopic Hair Comparison, Murder 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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SC Sets Aside Conviction of Person for Offence of Murder on Lack of Proper Evidence(02.03.2022)

Supreme Court has set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence .....

Tags : Supreme Court, Conviction of Person for Offence of Murder

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SC Sets Aside Conviction of Person for Offence of Murder on Lack of Proper Evidence(02.03.2022)

Supreme Court has set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence .....

Tags : Supreme Court, Conviction of Person for Offence of Murder

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Calcutta HC Modifies Order of Conviction to Attempt to Rape in Case Concerning 11 Yr Old Girl(02.03.2022)

Calcutta High Court has observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that.....

Tags : Calcutta High Court, Modification of Order of Conviction

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Calcutta High Court Upholds Conviction for Abetment of Suicide(03.03.2022)

Calcutta High Court has observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compellin.....

Tags : Calcutta High Court, Conviction for Abetment of Suicide

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J&K&L HC Issues Guiding Factor to Magistrates to Pass Conviction Orders Under NI Act(29.11.2021)

Jammu & Kashmir And Ladakh High Court has issued certain guiding factors for Magistrates to consider when they pass conviction orders under Section 13.....

Tags : Jammu & Kashmir And Ladakh High Court, Conviction Orders Under NI Act

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Allahabad HC Upholds Conviction of Man Who Rape 10 Year Old Girl 43 Years Ago(16.11.2022)

Allahabad High Court while upholding conviction of a man who raped a 10 year old girl in 1979 after finding the testimony of victim to be reliable, ha.....

Tags : Allahabad High Court, Rape, Conviction

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SC: Conviction Under S. 302 IPC Cannot be Based Upon Statement of Untrustworthy Witness(15.01.2024)

Supreme Court while setting aside the conviction of a person in a murder case of 1999 has held that if a witness is branded as untrustworthy having al.....

Tags : Supreme Court, S. 302 IPC, Conviction, Untrustworthy Witness

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SC: Conviction Based on Disclosure Statement Sustained Only When Resultant Recovery Is Unimpeachable(09.11.2021)

Supreme Court has observed that to convict an accused exclusively on the basis of his disclosure statement and the resultant recovery of inculpatory m.....

Tags : Supreme Court, Conviction Based on Disclosure Statement

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Delhi HC Upholds Conviction, Life Sentence of Man For Rape of 1-Year-Old Niece(19.10.2022)

Delhi High Court while noting the alarming rise in the number of sexual offences against minors, has upheld the conviction and life sentence of a man .....

Tags : Delhi High Court, niece, conviction, sexual

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Kerala High Court: Incident of Rape not Implausible Just Because Family Lives in a Small Hut(23.01.2024)

Kerala High Court while upholding father’s conviction for sexually assaulting and raping his minor daughter has held that merely because the family of.....

Tags : Kerala High Court, Father’s Conviction, Sexual Assault, Rape

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CRIMINAL - SC Sets Aside Concurrent Conviction in a Rape Case(27.03.2019)

Supreme Court while acquitting a man who faced concurrent conviction in a rape case has noted that prosecutrix was in the habit of making such complai.....

Tags : Supreme Court, concurrent conviction

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Tripura HC Upholds Conviction Of Rape Accused(07.01.2022)

The Tripura High Court has confirmed the conviction of rape accused of sexually assaulting a girl child. The court further stated that the mother of a.....

Tags : Tripura High Court, Rape, Conviction

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Delhi High Court Upholds Conviction Of Accused Charged With Rape Under POCSO Act(10.01.2022)

Delhi High Court has upheld the conviction to a man for raping a 5 year old minor victim in a POCSO case. The Court held that presence of the semen is.....

Tags : Delhi High Court, Rape, Conviction, POCSO

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Kar. HC: Deflection From Terms of Compromise Will Lead to Re-Imposition of Conviction Order(04.03.2024)

Karnataka High Court has held that when a person has been convicted under the Negotiable Instruments Act, 1881 and such conviction is set aside on the.....

Tags : Karnataka High Court, Re-imposition, Conviction Order

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Calcutta HC Dismisses Plea of Delayed Lodging of FIR, Upholds Conviction of Gang Rape(16.03.2022)

Calcutta High Court has observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case sinc.....

Tags : Calcutta High Court, Conviction of Gang Rape

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SC: Statement u/s 161 CrPC Inadmissible in Evidence and Cannot be Relied Upon for Conviction(03.03.2020)

Supreme Court has reiterated that a Statement recorded under Section 161 of the Code of Criminal Procedure, 1973 is inadmissible in evidence and canno.....

Tags : Supreme Court, Evidence to Uphold Conviction

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SC: Can’t Convict Accused Solely on The Basis of ‘Last Seen’ Circumstance(18.01.2023)

Supreme Court while setting aside concurrent conviction of murder accused has held that ‘last seen’ doctrine has limited application and court should .....

Tags : Supreme Court, Concurrent Conviction, Last Seen Theory

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P&H HC: Person Can Raise Plea of Juvenility Even After Conviction(18.01.2023)

Punjab and Haryana High Court has held that plea of juvenility can be raised by a person even after his conviction and sentence, as per which plea, th.....

Tags : Punjab and Haryana High Court, Juvenility, Conviction

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Bombay HC: Conviction Cannot be Based on Admissions Made by Accused(20.12.2021)

Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal .....

Tags : Bombay High Court, Conviction Cannot be Based on Admissions

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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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Calcutta High Court Upholds Conviction of Man for Raping Girl Aged Below 16 Yrs(31.01.2022)

Calcutta High Court has upheld the conviction of a man for the offence of rape after observing that the consent of the minor victim is immaterial as s.....

Tags : Calcutta High Court, Conviction of Man for Raping Girl

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Gujarat HC: Appellate Court Cannot Substitute Own View by Reversing Acquittal Into Conviction(04.02.2022)

Gujarat High Court has held that while dealing with the judgment of acquittal, the Appellate Court cannot substitute its own view by reversing the acq.....

Tags : Gujarat High Court, Reversing Acquittal Into Conviction

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Meghalaya HC: Victim's Sole Testimony if Found Reliable Can Be Used to Decide Case for Conviction(09.02.2023)

Meghalaya High Court has held that statement of victim girl in POSCO case has a telling effect with regard to the fate of the criminal case as the sol.....

Tags : Meghalaya High Court, POCSO, Sole Testimony, Conviction

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Tripura HC: Conviction Only on Presumption Under POCSO Act Would Offend Articles 20(3), 21(05.04.2021)

Tripura High Court has held that the conviction of an accused only on the basis of presumption under sections 29 and 30 of the Protection of Children .....

Tags : Tripura High Court, Conviction Only on Presumption Under POCSO Act

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Kar. HC: Petition to Quash S. 138 of NI Act Conviction is Not Maintainable Under Section 482 CrPC(20.02.2023)

Karnataka High Court has said that a petition filed under Section 482 of Criminal Procedure Code (CrPC) seeking to quash conviction handed down to an .....

Tags : Karnataka High Court, Negotiable Instruments, Quash, Conviction

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HP HC: Offences for Cheque Dishonor Can be Compounded after Conviction(03.03.2023)

Himachal Pradesh High Court has held that Courts under Section 147 of Negotiable Instrument Act are empowered to proceed to compound an offence, even .....

Tags : Himachal Pradesh High Court, Negotiable Instrument, Compound, Conviction

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HP HC: Conviction Can’t Entail Automatic Removal of Convicted Employee(09.03.2023)

Himachal Pradesh High Court has held that as per Article 311 of Constitution and Rule 19(i) of CCS Rules 1965, employee can be dismissed without any e.....

Tags : Himachal Pradesh High Court, Conviction, Employee, CCS Rules

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P&H HC: Conviction of Wife for Killing Minor Son Amounts to Cruelty; Grant of Divorce Upheld(22.05.2024)

Punjab and Haryana High Court while observing that the conviction of the wife for killing her minor son amounts to mental cruelty to the husband, has .....

Tags : Punjab and Haryana High Court, Conviction, Mental Cruelty

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SC: Mere Unnatural Death of Wife Within 7 Years of Marriage Not Sufficient to Prove Dowry Death(25.04.2023)

Supreme Court has held that mere death of the deceased wife being unnatural in the matrimonial home within seven years of marriage will not be suffici.....

Tags : Supreme Court, Dowry Death, Unnatural Death, Conviction

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SC: Can’t Upheld Conviction in Absence of Trial Court’s Records(27.04.2023)

Supreme Court while setting aside Allahabad High Court’s judgment upholding conviction of a person on ground that High Court can’t decide appeal witho.....

Tags : Supreme Court, Conviction, Trial Court’s Records

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Delhi HC: Sensitization of Trial Court Judges Required in Pronouncing Judgements on Conviction(27.05.2024)

Del. HC has observed that judgments on conviction should only be pronounced when they are ready for pronouncement and where judges convict accused and.....

Tags : Delhi High Court, Pronouncing Judgements, 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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SC: Accused Can Challenge Conviction in Appeal Even if Formal Appeal Not Preferred(07.05.2020)

Supreme Court has observed that an accused can challenge the finding and order of conviction in the appeal filed by the State, even though he had not .....

Tags : Supreme Court, Challenge to Conviction

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Madras HC: Set Off of Pre-Conviction Detention Permissible to Life Convict(08.07.2021)

Madras High Court has ruled that 'set off’ of pre-conviction detention under Section 428 of Code of Criminal Procedure, 1973 is permissible even for a.....

Tags : Madras High Court, Set Off of Pre-Conviction Detention

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Surat Court Dismisses Plea to Stay Conviction of Rahul Gandhi in ‘Modi Surname’ Defamation Case(20.04.2023)

Surat Court has dismissed application filed by Rahul Gandhi to stay his conviction in the defamation case over ‘Modi surname’ remark made during a pol.....

Tags : Surat Court, Rahul Gandhi, Conviction, Modi Remark

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Allahabad HC Upholds Conviction of Man for Murdering Wife and Daughters(12.07.2021)

Allahabad High Court has upheld the conviction of a man for brutally murdering his wife and four minor daughters aged 7, 5, 3 years and the youngest o.....

Tags : Allahabad High Court, Conviction of Man for Murdering Wife and Daughters

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Kashmiri Separatist Leader Yasin Malik Convicted in J&K Terror Funding Case(20.05.2022)

A Special NIA Court in Delhi convicted Kashmiri separatist leader Yasin Malik, after he pleaded guilty in relation with Jammu & Kashmir terror funding.....

Tags : Delhi High Court, Trial, Conviction, Yasin Malik

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Gujarat High Court: Statement of Co-accused Can’t Be the Sole Basis for Conviction(23.05.2022)

Gujarat High Court has held that the Statement or admission of the co-accused cannot be proved in evidence against the maker of it and it cannot be th.....

Tags : Gujarat High Court, Conviction, Co-accused

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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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SC: When Conviction by Lower Court Was Not Granted, High Court Cannot Can’t Convict Accused(19.07.2019)

Supreme Court has noted that when the trial court conviction under Section 498A of Indian Penal Code, 1860 was not for the demand of dowry the High Co.....

Tags : SC, Conviction

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Ker. HC: HC Can Order Mitigation Investigation at Appellate Stage Even Before Upholding Conviction(12.05.2023)

Kerala High Court while considering death sentence references observed that there will be serious issues and delay if study process is commenced only .....

Tags : Kerala High Court, Mitigation Investigation, Conviction, Death Sentence

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Bombay High Court: Desire of Contesting Elections Not Sufficient to Stay Conviction(08.07.2024)

Bom. HC has observed that merely because accused has to represent his constituency, it could not be an exceptional circumstance for a grant of stay to.....

Tags : Bombay High Court, Contesting Elections, Conviction

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SC: Evidence that Offence was Committed Just Because Victim was SC/ST Essential to Sustain Conviction(28.08.2019)

Supreme Court has ruled in order to sustain conviction under Section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1.....

Tags : SC, ST, Conviction

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Kar. HC: Accused Can't be Convicted for Charge Which is Not Framed by Trial Court(30.06.2022)

Karnataka High Court has set aside the conviction under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame.....

Tags : Karnataka High Court, Conviction, Charge

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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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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: Conviction Can be Based on Sole Eye Witness Testimony Only if He is Wholly Reliable(13.10.2020)

Supreme Court has observed that conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.

Tags : Supreme Court, Conviction

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Madras HC Upholds Conviction of Accused in Gokulraj Murder Case(05.06.2023)

Madras High Court while upholding the conviction of life imprisonment of eight accused in the Gokul Raj murder case and altering the conviction agains.....

Tags : Madras High Court, Gokulraj Murder Case, Conviction, Caste

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SC: Cal. HC’s Order Asking Girls to Control their Sexual Urges, Set Aside(20.08.2024)

Supreme Court while restoring the conviction of an accused in a rape case, has set aside the Calcutta High Court’s order wherein it was stated that ad.....

Tags : Supreme Court, Sexual Urges, Conviction

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Allahabad HC: HC Can Nullify Order of Conviction in Criminal Revision in Cheque Bounce Case(16.08.2021)

Allahabad High Court has held that High Court can nullify an order of conviction passed by it in a Criminal Revision in a Cheque bouncing case, by usi.....

Tags : Allahabad High Court, Order of Conviction in Criminal Revision in Cheque Bounce Case

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SC: Suspension of Conviction Can’t be Done Merely Because it will Cause Disqualification of MP(18.07.2023)

Supreme Court while hearing a plea against Kerala High Court’s order that suspended the conviction of MP Mohammed Faizal in an attempt to murder case,.....

Tags : Supreme Court, Suspension, Conviction, Parliamentarian

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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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Meghalaya HC: Courts Required to Bring Specific Attention of Accused to Incriminating Materials(23.06.2022)

Meghalaya High Court while setting aside a conviction has held that trial Courts are required to attract specific attention of accused to those materi.....

Tags : Meghalaya High Court, Conviction, Incriminating Materials

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Delhi HC Upholds Conviction of UP Cops in 2006 Custodial Death Case of a 26 Year Old(27.06.2023)

Delhi High Court has upheld the conviction awarded to six cops in Uttar Pradesh in the case of death due to custodial torture of a young 26 years old .....

Tags : Delhi High Court, Custodial Death, Conviction

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International Cases

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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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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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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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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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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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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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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Discretion to suspend a term of imprisonment is not confined by considerations relating to rehabilitation and mercy(10.04.2019)

The Appellant was convicted after trial on charge of unlawfully assaulting a member of the crew of an aircraft so as to interfere with the performance.....

Tags : Conviction, Sentence, Legality

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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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Spent conviction orders are not made, when public interest is involved(17.04.2019)

The Appellant seeks leave to appeal against penalties imposed upon him following his conviction of road traffic offences. The penalties were imposed b.....

Tags : Public interest, Conviction, Validity

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An appellate court will not set aside a conviction based on a plea of guilty unless Appellant satisfies the Court that a miscarriage of justice has occurred(14.06.2019)

The Appellant appeared in the Magistrates Court in relation to various charges including one charge of assaulting a public officer. He entered pleas o.....

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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Every case must be approached on its own facts and it is only after a diligent examination of all the facts that, it can be decided whether an accused had a fair trial or not(12.03.2020)

Present is an appeal, with the special leave of present court, against a judgment of the High Court, which confirmed a sentence of life imprisonment i.....

Tags : Conviction, Fair trial, Legality

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Court will not interfere with sentence imposed unless it is satisfied that, the sentence has been vitiated by a material misdirection or is disturbingly inappropriate(01.04.2019)

Present appeal arises from a tragic incident which occurred on 10 July 2009 at the offices of the detective branch at Esikhawini, when Bongani Cebekhu.....

Tags : Conviction, Sentence, Legality

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In a sentencing discretion Court should only intervene, if a material error of fact or law has been made or result is manifestly unreasonable or unjust(14.04.2020)

In present matter, the Appellant was convicted of six breaches of a family violence restraining order (FVRO) contrary to Section 61(1) of the Restrain.....

Tags : Conviction, Sentence, Quantum

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Leave to appeal can only be granted by present Court, if failure to make a conviction order amounts to a miscarriage of justice(07.08.2020)

The Appellant seeks leave to appeal against sentence. On 8 November 2019, following a plea of guilty, the Appellant was convicted for attempting to co.....

Tags : Conviction, Fine, Legality

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Section 8 of the Criminal Code is applicable only when two or more persons forms common intention to prosecute a criminal offence(24.12.2020)

On 14 February 2020, the Appellant was convicted after trial of one count of animal cruelty contrary to Section 19(1) of the Animal Welfare Act, 2002 .....

Tags : Animal cruelty, Conviction, Legality

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A person who unlawfully omits or refuses to do any act which it is the person's duty to do under Section 444A of the Criminal Code is guilty of a crime and is liable to imprisonment(28.01.2021)

Present is an appeal against sentence. The Appellant was convicted after trial on basis of being a person who had charge of an ignition source and unl.....

Tags : Conviction, Sentence, Legality

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Discretion to make a spent conviction order should be regarded as of an exceptional character(07.05.2021)

The Appellant was convicted on 27 October 2020 of breach of bail in Kalgoorlie Magistrates Court. She was fined $100 and ordered to pay costs. The App.....

Tags : Spent conviction, Entitlement, Hardship

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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 confession by an accused shall not be admissible as evidence against his or her co-accused(09.07.2021)

The issue before the Supreme Court was whether the evidence of a single witness was reliable and acceptable considering that the witness was declared .....

Tags : Conviction, Evidence, Credibility

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Accused could only have been properly convicted, if the evidence of the single witness was clear and satisfactory in all material respects(01.09.2021)

In facts of present case, on 28 November 2018, the appellant, Mr. Lungisa Grifhs, was convicted together with two of his erstwhile co-accused in the R.....

Tags : Conviction, Evidence, Credibility

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An accused released on warning who fails to appear, shall be guilty of an offence and liable to the punishment(19.08.2020)

The issue in present appeal, with the special leave of this Court, is whether the Appellant’s petition for leave to appeal in terms of Section 309C of.....

Tags : Conviction, Leave to appeal, Grant of

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In the absence of demonstrable and material misdirection, Trial Court’s findings of fact are presumed to be correct(30.07.2021)

The Appellant was arrested and charged with murder. Appellant raised an alibi defence during trial before the South Gauteng High Court (trial court). .....

Tags : Conviction, Evidence, Credibility

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Sentencing is a discretionary exercise, an appellate court can only intervene, if the Appellant demonstrates either an express or implied material error(15.03.2022)

The Appellant was sentenced to a total effective sentence of 8 years 11 months' imprisonment. The appellant now appeals against his sentence. His sole.....

Tags : Conviction, Sentence, Validity

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Leave to appeal must not be granted, unless the court is satisfied that the ground has a reasonable prospect of succeeding(19.09.2022)

The Appellant lodged an appeal against the decision by a magistrate to convict the Appellant of an offence contrary to Section 218(b) of the Planning .....

Tags : Charge, Simple offence, Conviction

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If an undertaking is clear and unambiguous, a failure to obey it will constitute contempt(02.09.2022)

The applicant, the Attorney General, seeks orders that the first contemnor, Robert Noel Morrison (Mr. Morrison Snr.), and the second contemnor, Robert.....

Tags : Undertaking, Contempt, Conviction

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Applicant for grant of special leave to appeal must show that there are special circumstances which merit a further appeal to the court(05.09.2022)

Present is an appeal against the refusal by the high court of the Appellant’s application for leave to appeal to that court against his conviction and.....

Tags : Conviction, Leave to appeal, Grant

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Sentencing or punishment is pre-eminently a matter of discretion of the trial court, A court exercising appellate jurisdiction cannot, interfere in the absence of a material misdirection(23.01.2023)

In present case, the Appellant was convicted of the rape of his 9-year-old niece and sentenced to life imprisonment by the Regional Court. The issues .....

Tags : Conviction, Evidence, Credibility

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Once an alibi has been raised, the alibi has to be accepted, unless it can be proven as false beyond a reasonable doubt(01.12.2022)

On 3 July 2016, in the early evening at approximately 18h00, a group of men arrived at the Mall of Africa taxi rank in Midrand in a white VW Polo moto.....

Tags : Charges, Conviction, Legality

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Leave to appeal must not be granted on a ground of appeal unless the court is satisfied that the ground has a reasonable prospect of succeeding(17.02.2023)

The Appellant was charged with one count of assaulting a public officer who was performing a function of his office, contrary to Section 318(1)(d) of .....

Tags : Assault, Conviction, Legality

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In a trial involving a charge of murder, the magistrate shall be assisted by assessors unless the accused requests that the trial may proceed without assessors(23.06.2023)

In facts of present case, Pillay had been charged with murder before the Regional Court. He was convicted. Pillay appealed to the high court against h.....

Tags : Conviction, Compliance, Provision

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When self-defence has been specifically pleaded by the accused, the onus remains on the State to prove beyond reasonable doubt that the accused acted unlawfully(27.07.2023)

On 12 June 2020, the regional court, Benoni convicted Mr. Pillay for murder and sentenced the Appellant to 15 years’ imprisonment. On the same day, th.....

Tags : Conviction, Evidence, Legality

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Leave to appeal must not be granted unless the court is satisfied that, the ground has a reasonable prospect of succeeding(08.08.2023)

Appellant was convicted of reckless driving, contrary to Section 60A(2) of the Road Traffic Act, 1974. He was fined $1,400, ordered to pay costs in th.....

Tags : Evidence, Conviction, Legality

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If the preconditions in Section 45(1)(a) and (b) of Sentencing Act are satisfied, the Court has a discretion, not a duty, to make a spent conviction order(17.08.2023)

The Appellant was convicted in on a charge that, being an occupier of premises, she knowingly permitted those premises to be used for the purpose of t.....

Tags : Discretion, Spent Conviction, Sentence

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Jury can be satisfied of the guilt of the accused only if guilt is not simply a rational inference, but the only rational inference that the circumstances permit(22.02.2024)

The Appellant was convicted after trial in the Magistrates Court of one count of home burglary contrary to Section 401(2)(b) of the Criminal Code and .....

Tags : Conviction, Sentence, Legality

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State bears the onus to prove the identity of the Accused and to dispel their alibi defence beyond reasonable doubt(20.06.2024)

The matter involved Dinesh Moodley and Ugresen Perumal who were convicted of murder and sentenced to 25 years in prison on 6 September 2019 by the Gau.....

Tags : Conviction, Identification, Legality

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Driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked(12.01.2022)

The Appellant was convicted of a contravention of regulation 265(2) in the Magistrates Court. Pursuant to Part 2 Division 2 of the Criminal Appeals Ac.....

Tags : Conviction, Evidence, Legality

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An accused can be convicted on the evidence of a competent single witness(20.03.2024)

The Appellant and his co-accused were convicted in the Regional Court, Johannesburg on a count of robbery with aggravating circumstances read with Sec.....

Tags : Robbery, Conviction, Legality

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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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Court may allow an appeal against sentence if, in its opinion, a different sentence should have been imposed(27.07.2020)

Present is an appeal against sentence. The Appellant was charged on indictment with two counts: (a) On 1 March 2018, at Margaret River, the Appellant.....

Tags : Conviction, Sentence, Legality

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Imposition of appropriate sentence must commensurate with nature and gravity of crime and manner in which crime is done(20.02.2019)

In present appeal, the Appellant-Accused has called in question the judgment and order whereby, Madras High Court while dismissing criminal revision p.....

Tags : Conviction, Sentence, Legality

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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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A related witness cannot be said to be an 'interested' witness merely by virtue of being a relative of victim(19.02.2019)

Present appeal is presented by the convicted Accused against the concurrent judgments of conviction and sentence passed by the Additional Sessions Jud.....

Tags : Conviction, Testimony, Eye-witnesses, Validity

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Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)

In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....

Tags : Conviction, Legality, Evidence, Credibility

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Credibility of witnesses is ordinarily not re-visited by Supreme Court in an appeal by special leave(12.02.2019)

Present appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the Appellant against his conviction.....

Tags : Conviction, Circumstantial evidence, Validity

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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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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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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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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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Sole testimony of victim is sufficient to record conviction in offence of rape(01.02.2019)

Present appeal is preferred against the judgment passed by Additional Sessions Judge, by which learned Trial Judge has convicted and sentenced the acc.....

Tags : Conviction, Victim, Testimony

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Right of private defence does not extend to inflict more harm than it is necessary in exercise of right of private defence(01.04.2019)

The challenge in the present appeals is to a judgment maintaining conviction of the Appellant for an offence under Section 302 of Indian Penal Code, 1.....

Tags : Conviction, Private defence, Applicability

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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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Benefit of Exception 4 to Section 300 of IPC is available only when act is committed without premeditation in a sudden fight in heat of passion(15.03.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant under Section 302 .....

Tags : Conviction, Sentence, Legality

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In a crime committed by an unlawful assembly, every member of unlawful assembly would be guilty of offence, even if he himself had not done actual act(15.03.2019)

In present matter, First Information Report was lodged with Police Station, District Raipur pursuant to information received at Police Station from In.....

Tags : Unlawful assembly, Conviction, Legality

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Minor irregularity/omission by Investigation Officer need not necessarily lead to rejection of prosecution version(13.03.2019)

The present appeal has been preferred against the judgment passed by Addl. Sessions Judge convicting and sentencing the Appellant-Girand under Sectio.....

Tags : Conviction, Evidence, Credibility

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Witness cannot be said to be an "interested" witness merely by virtue of being a relative of victim(26.04.2019)

Present appeal is directed against the judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal preferred b.....

Tags : Conviction, Evidence, Credibility

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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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Nature of weapon used and vital part of body where blow was struck are sufficient to prove intention of Accused to cause death(10.04.2019)

Present appeal arises from the judgment and Order of a Division Bench of the High Court passed in Criminal Appeal. The High Court, while allowing the .....

Tags : Conviction, Sentence, Conversion, 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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Right of private defence is not available, when assailants are unarmed(23.04.2019)

The challenge in the present appeal is to an order passed by the High Court maintaining conviction for offences under Sections 302 and 324 of Indian P.....

Tags : Conviction, Validity, Private defence, Proof

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When findings of trial court and High Court are shown to be perverse, the Supreme Court would certainly interfere with same(07.05.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of Appellant-Accused No. 1 under Se.....

Tags : Conviction, Evidence, Credibility

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Wilful conduct which is likely to drive the woman to commit suicide is necessary for conviction under Section 498A of IPC(18.07.2019)

In facts of present case, FIR was registered on the statement of PW-11, the mother of the deceased. A charge sheet was filed. Later, charges were fram.....

Tags : Conviction, Legality, Dowry demand, Proof

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Offence of attempt to murder is a serious offence, in proving its commission; prosecution is required to prove basic ingredients of murder short of death(15.07.2019)

By the instant Regular Appeal under Section 374 of Code of Criminal Procedure, 1973 (CrPC), the Appellant assails the judgment where-under, the Appell.....

Tags : Conviction, Injury, Nature

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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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Conviction on basis of a solitary eye witness is sustainable only if there is reliable evidence proving guilt of accused(06.08.2019)

In facts of present case, the two Appellants have been convicted under Sections 302, 149 and 148 of the Indian Penal Code (IPC). The Appellants submit.....

Tags : Conviction, Evidence, Credibility

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Person can be convicted under Prevention of Food Adulteration Act, 1954 even if there is marginal deviation from prescribed standard(04.10.2019)

In facts of present case, on 30th October, 1995 a sample of milk was collected from the Appellant by the Food Inspector. The same was sent to the Publ.....

Tags : Adulteration, Conviction, Legality

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When there was no premeditation on part of Accused and occurrence took place suddenly, offence would fall under Exception 4 to Section 300 of IPC(27.08.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant-Accused under Sect.....

Tags : Conviction, Sentence, Legality

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Convincing evidence on recoveries given by Investigating Officer could not be rejected merely because panch witness had turned hostile(26.08.2019)

By present revision application, the Applicant (original accused) has challenged judgments and orders of two Courts below, whereby he stood convicted .....

Tags : Conviction, Evidence, Credibility

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A mere error, omission or irregularity in sanction is not fatal unless it has resulted in a failure of justice(27.11.2019)

The impugned judgment passed by the High Court upholding conviction of the Appellant under Sections 7 and 13 of the Prevention of Corruption Act, 1988.....

Tags : Conviction, Legality

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Accused is obliged to furnish explanation under Section 313 of CrPC with regard to circumstances under which deceased met an unnatural death inside the house(07.11.2019)

The Appellant, husband of the deceased, is aggrieved by his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) affirmed by the High Cou.....

Tags : Conviction, Circumstantial Evidence, Credibility

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In a criminal case, remand is not to be ordered as a matter of course(17.12.2019)

Present appeals are directed against the judgment passed by the High Court whereby it allowed the appeal filed by the State, set aside the acquittal o.....

Tags : Conviction, Remand, Legality

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Measure of punishment should be proportionate to gravity of offence, to protect society and to deter criminal in achieving avowed object of law(24.01.2019)

Present Criminal Appeal has been filed by convict Appellant against judgment passed by Additional Sessions Judge/Special Judge related with Case Crime.....

Tags : Conviction, Legality, Circumstantial evidence

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Cheque drawn and issued by a person to the complainant, in discharge of debt owed by another person to complainant, comes within purview of Section 138 of NI Act(09.12.2019)

In facts of present case, the trial court found the Petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1.....

Tags : Conviction, Sentence, Legality

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Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status(06.01.2020)

Present Criminal Appeal is filed by the sole Accused, aggrieved by the judgment passed in Criminal Appeal by the High Court. The Appellant herein was .....

Tags : Conviction, Evidence, Credibility

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A paper-cutter is a 'deadly weapon' to secure a conviction for committing robbery with an attempt to cause death(03.02.2020)

The Appellant has filed the present appeal impugning a judgment, whereby he was convicted for the offences punishable under Sections 392/397 of the In.....

Tags : Robbery, Conviction, Legality

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The motive part loses its significance, when there is trustworthy evidence of witnesses as to commission of an offence(31.01.2020)

Present appeal is directed against judgment and order of sentence passed by the learned Additional Sessions Judge, whereby the learned Sessions Judge .....

Tags : Conviction, Evidence, Credibility

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Before acting upon opinion of hand-writing expert, Court must see that, such evidence is corroborated by either direct or other circumstantial evidence.(14.01.2020)

Present appeal has been preferred challenging the impugned judgment passed by the High Court whereby the High Court dismissed the revision petition fi.....

Tags : Conviction, Evidence, Credibility

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In absence of evidence of harassment or cruelty on victim, charge of dowry death cannot be established(10.01.2020)

The appeal is directed against judgment passed by Second Additional Sessions Judge, in Session Trial wherein the said Court convicted the Appellant fo.....

Tags : Dowry death, Conviction, Legality

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Statement recorded under Section 161 of CrPC can be used only to prove the contradictions and/or omissions(02.03.2020)

Feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court by which the High Court has confirmed the conviction of the App.....

Tags : Conviction, Evidence, Credibility

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Projection of different story by prosecution adversely affects and destroys prosecution case and it is unsafe to convict accused on basis of same(27.04.2020)

Present criminal appeal has been filed against the impugned judgment passed by Additional Sessions Judge under Section 376, 308 of Indian Penal Code, .....

Tags : Conviction, Evidence, Credibility

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If Investigating Officer conducts search, then, he must record the reason for doing so within seventy-two hours of the search(08.06.2020)

The instant appeal has been preferred against the judgment passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 .....

Tags : Conviction, Evidence, Credibility

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Person charged for higher offence can be punished for lower offence(22.06.2020)

The instant appeal has been preferred by the Accused-Appellant against the judgment passed by learned Additional Sessions Judge under Sections 451, 32.....

Tags : Conviction, Sentence, Legality

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When the inventory is prepared by an officer not authorised under the Abkari Act, it cannot be acted upon by the court and cannot be treated as primary evidence(09.06.2020)

The prosecution case is that, on 6th July, 2007, PW1 Excise Inspector found the Petitioner having in his possession a can containing 2½ litres of arra.....

Tags : Conviction, Sentence, Legality

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When there is a time gap between an occurrence and the trial, it is impossible for police/Investigating Officer to recall minute details(18.06.2020)

Present appeal is against a common judgment and order passed by a Division Bench of the High Court dismissing Criminal Appeal filed by the Appellant, .....

Tags : Conviction, evidence, credibility

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Mere delay in forwarding FIR to Magistrate is not a ground to acquit accused(26.05.2020)

The Appellant has challenged the judgment by the Allahabad High Court, confirming his conviction under section 302 read with Section 34 of the Indian .....

Tags : Conviction, Evidence, Credibility

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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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False answers offered by Accused in examination under Section 313 of CrPC can be used against him(15.09.2020)

Present appeal is filed by the sole Accused aggrieved by the judgment of conviction and further order of sentencing the Appellant, passed by the High .....

Tags : Conviction, Sentence, 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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Case of abetment made out only if accused instigates a person either by act of omission or commission(01.10.2020)

Present Appeal challenges the judgment and order of the High Court whereunder, the Criminal Appeal of the convicted Appellant was dismissed and the ju.....

Tags : Abetment, Conviction, Legality

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In rape cases, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix, if cogent and reliable(23.10.2020)

The present appeal is preferred under Section 374 of Code of Criminal Procedure, 1973 (CrPC) on behalf of the Appellant challenging the judgment and o.....

Tags : Conviction, Evidence, Credibility

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To prove the case under NDPS Act, ownership of the vehicle is not required to be established(10.09.2020)

Original accused no.1 has preferred the present appeal against impugned Judgment passed by the High Court by which the High Court has dismissed the sa.....

Tags : Conviction, Evidence, Credibility

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Punishment of life imprisonment is not unquestionably foreclosed in spite of gravity and barbarity of offence(01.10.2019)

The instant review proceedings pertain to Review Petition seeking to review the final judgment passed by this Court confirming conviction under Sectio.....

Tags : Conviction, Death sentence, Legality

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Conviction Can Be Based On Sole Testimony Of Victim If Reliable And Trustworthy(14.10.2020)

The Appellant – original accused has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by t.....

Tags : Conviction, Evidence, Credibility

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If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony(09.10.2020)

Present Appeal has been preferred by 5 accused, challenging the judgment whereby, the Madhya Pradesh High Court, approved the conviction of the appell.....

Tags : Conviction, Evidence, Credibility

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When the test identification parades are held in police presence, statements made by the identifiers to a police officer fall within the ban of Section 162 of CrPC(29.10.2020)

The present Appeal challenges the judgment of the High Court, whereby the Criminal Appeal was disposed of upholding the conviction of the Appellant in.....

Tags : Conviction, Evidence, Credibility

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Consent of minor is of no defence to charge of kidnapping(12.01.2021)

The Appellant impugns the judgment pronounced by the High Court by which his conviction under Section 376 of the Indian Penal Code, 1860 (IPC) was ove.....

Tags : Conviction, Sentence, Legality

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Minor contradictions, inconsistencies or improvements on trivial matters without effecting core of prosecution case cannot be made a ground to reject evidence in its entirety(28.02.2019)

In facts of present case, after completion of the investigation, final report, under Section 173 of Code of Criminal Procedure, 1973 (CrPC) was prepar.....

Tags : Conviction, Evidence, Credibility

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Blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881, when signatures are admitted by the Accused(10.02.2021)

Appellant No. 1 and its managing partner(Appellant No. 2) are in appeal challenging the judgment passed by the High Court, whereby the order of acquit.....

Tags : Cheque bounce, Conviction, Legality

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In a case based on circumstantial evidence, circumstances must be consistent only with the hypothesis of the guilt of the accused and inconsistent with the innocence(23.02.2021)

The accused Appellant was charged for offence under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of his own wife while she was at the a.....

Tags : Conviction, Evidence, Credibility

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Dying declaration cannot be disbelieved on mere basis that parents and relatives of deceased were present in hospital while recording it(03.03.2021)

Present appeal has been filed by the Accused aggrieved by the judgment and order passed by the High Court whereby, his conviction and order of sentenc.....

Tags : Conviction, Evidence, Credibility

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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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Power to award fixed term sentences without remission is available only with the High Court and Supreme Court(01.04.2021)

Present appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 (CrPC) by the convict Appellant against the judgment of senten.....

Tags : Conviction, Sentence, Legality

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Examination of independent witnesses is not an indispensable requirement and non-examination is not necessarily fatal to the prosecution case(06.05.2021)

The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court, by which the High Co.....

Tags : Conviction, Evidence, Credibility

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Minor Contradictions cannot be the basis to discredit witnesses' testimony(26.03.2021)

Present appeal is filed by the accused aggrieved by the judgment and order of conviction and sentence in Criminal Appeal passed by the High Court. Cas.....

Tags : Conviction, Testimony, Witnesses

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When the evidence of the official witnesses is trustworthy and credible, there is no reason not to rest the conviction on the basis of their evidence(03.07.2020)

In facts of instant case, the Excise Circle Inspector (PW3) of Hosdurg Excise Range found the Petitioner/accused with a can containing three litres of.....

Tags : Conviction, Evidence, Credibility

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Private vehicle would not come within the expression “public place” as explained in Section 43 of the NDPS Act(16.04.2021)

Present appeal challenges the judgment and final order passed by the High Court dismissing appeal preferred by the Appellants and affirming their conv.....

Tags : Conviction, Compliance, Provision

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Pleas of unsoundness of mind or mitigating circumstances like juvenility of age ought to be raised during trial itself(19.08.2020)

The present criminal appeal is at the instance of Accused-Appellant who impugns the judgment of the High Court whereby his appeal against a judgment o.....

Tags : Conviction, Evidence, Legality

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Evidence of witnesses cannot be disbelieved on basis of minor contradiction(06.07.2021)

Present appeal is filed against judgment and order passed by the High Court, by which the High Court has dismissed the said appeal preferred by the Ap.....

Tags : Conviction, Evidence, Credibility

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Once a plausible version has been put forth in defence at the examination stage, then it is for the prosecution to negate the defense plea(28.07.2020)

The present Criminal Appeal has been preferred by Appellant impugning the judgment of the High Court through which challenge to a judgment passed by t.....

Tags : Conviction, Evidence, Credibility

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Fraudulent or dishonest intention must exist at the time of initial promise or formation of contract(27.07.2020)

The Petitioner being the convict has challenged the judgment and order of conviction and sentence delivered in case by the Judicial Magistrate, by mea.....

Tags : Conviction, Evidence, Credibility

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A fact can be said to have been proved, if it is established beyond reasonable doubt and not on preponderance of probability(05.08.2020)

The Appellant assails his conviction under Section 8C read with Section 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("th.....

Tags : Conviction, Evidence, Credibility

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Mere demand of dowry is not sufficient to bring home the offence to an accused(21.06.2021)

The Appellants being aggrieved against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge has preferred.....

Tags : Conviction, Evidence, Credibility

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If the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction(10.08.2021)

The present appeal is preferred on behalf of the Appellant challenging the judgment on conviction and order on sentence passed by the trial Court aris.....

Tags : Conviction, Evidence, Credibility

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Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only(29.10.2021)

In facts of present case, trial Court vide separate judgments and orders under Sections 132, 135(1)(a)(ii) read with 135A of the Customs Act 1962, had.....

Tags : Conviction, Evidence, Culpability

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If signature on cheque is admitted, presumption under Section 139 of NI Act that cheque was issued in discharge of a legally enforceable debt will be raised(23.09.2021)

The Appellant is before present Court assailing the common order passed by the High Court. Through the said order, the learned Single Judge has allowe.....

Tags : Conviction, Deletion, Validity

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When cause of provocation was sudden, without premeditation, case falls under Exception 4 of Section 300 of IPC(09.02.2021)

The challenge in the present appeal is to an order passed by the High Court whereby an appeal against the judgment of conviction and the order of sent.....

Tags : Conviction, Sentence, Legality

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Before imposing the extreme penalty of death sentence, the Court should satisfy itself that, death sentence is imperative(26.11.2021)

Present Petition has been filed under Article 137 of the Constitution of India, 1950 seeking review of the judgment. The Petitioners were convicted fo.....

Tags : Conviction, Death sentence, Validity

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Detention under the preventive detention laws is not punitive but is essentially a precautionary measure intended to prevent and intercept a person(13.01.2020)

In present case, the Superintendent of Special Customs Preventive Unit, Kannur intercepted the jeep. The second accused was the driver of the jeep. Th.....

Tags : Conviction, Evidence, Credibility

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There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned(17.12.2021)

The Appellant are aggrieved by the common judgment passed by the High Court upholding the judgment of conviction under Sections 304B and 201 read with.....

Tags : Conviction, Evidence, Credibility

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In absence of any evidence to show meeting of minds, it is not safe to hold a person guilty under Section 120-B of IPC(07.12.2021)

Present Appeal is directed against the judgment passed by the High Court whereby, the High Court has dismissed the Appeal filed by the Appellant / acc.....

Tags : Conviction, Evidence, Credibility

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Circumstances howsoever strong cannot take place of proof and the guilt of the accused have to be proved by the prosecution beyond reasonable doubt(15.02.2022)

The present appeal filed by the Appellants-accused emanates from the Judgment passed by the High Court, whereby the High Court has dismissed the said .....

Tags : Circumstantial evidence, Conviction, Legality

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Article 136 of the Constitution only confers a right to obtain special leave in rare and extraordinary cases(07.03.2022)

The Appellant calls in question the judgment of the High Court by which it dismissed the Criminal Revision filed against the order of the Sessions Jud.....

Tags : Cheque bounce, Conviction, Legality

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Vicarious liability arises only when the company or firm commits the offence as the primary offender(09.05.2022)

The issues raised in present appeal by the Appellant is against the impugned order of conviction under Section 138 of Negotiable Instruments Act, 1881.....

Tags : Vicarious liability, Conviction, Legality

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Mere facts that, the weapon used is not recovered cannot be a ground not to rely upon the dying declaration(01.04.2022)

The State has preferred the present appeal against the impugned judgment passed by the High Court by which the High Court has acquitted the Respondent.....

Tags : Conviction, Evidence, Credibility

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When there are definite evidence proving an incident and eye­witness account prove the role of accused, absence of motive does not affect the prosecution case(09.09.2020)

The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which the High Cou.....

Tags : Conviction, Sentence, Legality

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Different statement given by the same prosecution witness in another case would not be a reason for recalling the witness(21.06.2022)

The Petitioner before present Court had challenged the order which has been passed in Sessions Trial before the High Court whereupon the impugned judg.....

Tags : Conviction, Evidence, Credibility

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Once the prosecution had successfully established the chain of events, the burden is on the accused to prove it otherwise(20.05.2022)

Present appeals are directed against the judgment and order passed by the High Court. The High Court vide order impugned acquitted the daughter of th.....

Tags : Conviction, Legality, Burden of proof

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Act of private defence is necessarily a defensive right and should have been done in good faith and without malice(14.06.2022)

The Appellant is aggrieved by the judgement passed by the Division Bench of the High Court dismissing a writ petition filed by him, wherein he had cha.....

Tags : Private defence, Conviction, Legality

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Minor inconsistencies in the statement of witnesses are not of any consequence in case of concurrent findings recorded by Courts below(05.07.2022)

The instant appeal is preferred by the accused against final judgment passed by High Court whereby the Division Bench of High Court declined to interf.....

Tags : Conviction, Evidence, Credibility

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Accused is not required to prove his defence beyond a reasonable doubt but only by preponderance of probabilities(04.08.2022)

The present appeal arises from the judgment passed by the High Court dismissing the Appellant's appeal against judgment passed by the First Additional.....

Tags : Conviction, Evidence, Credibility

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Dying declaration can be the sole basis for recording conviction and if it is found reliable and trustworthy, no corroboration is required(16.08.2022)

The Appellant¬ has approached present Court being aggrieved by the judgment passed by the High Court vide which the High Court, though reduced the sen.....

Tags : Conviction, Dying declaration, Legality

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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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Conviction cannot be based on the testimony of a wholly unreliable witness(03.06.2022)

Instant appeals challenges the judgment delivered by the Division Bench of the High Court, thereby dismissing the appeal filed by the present appellan.....

Tags : Conviction, Evidence, Credibility

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If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court(03.03.2023)

The appeal challenges the judgment and order passed by the High Court thereby reversing the judgment and order passed by the trial court, vide which t.....

Tags : Conviction, Evidence, Credibility

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Mere recovery of currency note from an accused without proof of demand does not establish an offence under Prevention of Corruption Act(06.06.2023)

Present is an appeal under Section 374 of Code of Criminal Procedure, 1973 (CrPC) challenging the Judgment passed by learned Special Judge. Appellant .....

Tags : Illegal gratification, Conviction, Legality

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Once any gratification other than legal remuneration is proved to have been accepted by Accused, Court is entitled to raise the presumption under Section 20 of PC Act, 1988(21.09.2023)

The instant Appeal is directed against the judgment and order passed by the High Court, whereby the High Court had dismissed the Appeal filed by the A.....

Tags : Conviction, Evidence, Credibility

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When the evidence of the eye-witnesses is of sterling quality, an adverse inference need not be drawn(13.12.2023)

Present is an appeal preferred by the Accused Nos. 1 and 2. The learned Trial Court convicted Accused No. 3, for the offence punishable under Section .....

Tags : Common intention, Conviction, Legality

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In a case based on circumstantial evidence, non- explanation or false explanation of accused under Section 313 of CrPC cannot be used as an additional link to complete chain of circumstances(24.01.2024)

Present appeal challenges the judgment and order, passed by the Division Bench of the High Court thereby dismissing the appeal filed by the Appellant,.....

Tags : Conviction, Evidence, Credibility

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Confession of an accused recorded by a Police Officer is not admissible as evidence(01.03.2024)

Present appeals take exception to the final impugned judgment passed by the High Court rejecting the Criminal Appeal preferred by the appellants assai.....

Tags : Conviction, Evidence, Credibility

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Revisional Court cannot substitute its opinion simply because another view is possible(02.01.2024)

The Applicant-Original accused has questioned the legality, correctness and propriety of the judgment and order passed by the Sessions Court. Learned .....

Tags : Conviction, Evidence, Credibility

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Conviction can be based on solitary testimony of a credible witness though uncorroborated(15.01.2024)

Appeal has been preferred under Section 374(2) read with Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order .....

Tags : Conviction, Sentence, Legality

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Appellate Court cannot overturn order of acquittal only on basis that another view is possible(10.04.2024)

In present case, the Appellants, who are father and son, were prosecuted for the offence punishable under Section 302, read with Section 34 of the Ind.....

Tags : Conviction, Evidence, Credibility

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Sole admission under Section 313 of CrPC in absence other corroborative piece of evidence, cannot be made basis of conviction(18.03.2024)

Judgment and order passed by Additional Sessions Judge, thereby convicting husband and in-laws (Appellants) for offence punishable under Section 498A .....

Tags : Conviction, Evidence, Credibility

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Mere bald allegations without narrating details, would not be sufficient to gravitate charge under Section 498A of IPC(19.06.2024)

Appellant is challenging the judgment and order of conviction recorded by trial Court, thereby convicting for offence punishable under Sections 498A a.....

Tags : Conviction, Evidence, 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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Benefit of doubt given to an Accused must always be reasonable and not fanciful(12.03.2019)

In present matter, the First Additional Sessions Judge, vide judgment convicted the Accused/Appellant for the offences punishable under Sections 363, .....

Tags : Conviction, Sentence, Validity

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Statement of the accused recorded under Section 313 of CrPC is not a substantive evidence of defence to rebut the presumption under Section 139 of the NI Act(09.03.2021)

The Appellant is aggrieved by the judgment passed by the High Court holding the Appellant guilty of offence under Section 138 of the Negotiable Instru.....

Tags : Cheque bounce, Conviction, Legality

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Common intention contemplated by Section 34 of IPC pre¬supposes prior concert requires a pre-arranged plan before a man can be vicariously convicted for the criminal act of another(15.03.2022)

In facts of present case, the Sessions Court has convicted the Appellant¬-accused for an offence punishable under Section 302 read with Section 34 of .....

Tags : Common intention, Conviction, Legality

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