Section 6, 5(I) read with Section 6 and 5(n) read with Section 6 of Protection of Child from Sexual Offences (POCSO) Act – This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix. We have been informed about Read more…
IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NOS. 248-250 OF 2015MANOJ & ORS. …APPELLANT(S)VERSUSSTATE OF MADHYA PRADESH …RESPONDENT(S) Death Sentence – The trial court must elicit information from the accused and the state, both. The state, must – for an offence carrying capital punishment – at the appropriate Read more…
Section 482 of Cr.P.C-Section 156 (3) Cr.P.C-That it is a duty of the Magistrate to ensure that investigation is done impartially and in a fair manner. This applicant has been filed with a prayer to quash the impugned order dated 16.9.2021 passed by the learned Chief Judicial Magistrate, Mathura in Read more…
Section 319 Cr.P.C – power under Section 319 Cr.P.C. is a discretionary and extraordinary power, which should be exercised sparingly and only in those cases where the circumstances of the case so warrant. Section 319 Cr.P.C – the test that has to be applied is one which is more than Read more…
Section 319 of Cr.p.c.-The principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. should be exercised.. The power cannot be exercised in a casual and cavalier manner. This is yet another case where summons issued purporting to invoke Read more…
Penal Code, 1860 – Sections 302/304B – The true purport of the order passed by this Court. The direction was not meant to be followed mechanically and without due regard to the nature of the evidence available in the case. All that this Court meant to say was that in Read more…
For many centuries Indian society cherished two basic values of life i.e. “satya‟ (truth) and „ahimsa‟ (non-violence). Mahavir, Gautam Buddha and Mahatama Gandhi guided the people to ingrain these values in their daily life. I am of the considered opinion that the argument put forth by the learned counsel for the Read more…
Section 239 and 397 (2) of Cr.P.C. – It is well settled that the trial court while considering the discharge application is not to act as a mere post office. The Court has to sift through the evidence in order to find out whether there are sufficient grounds to try Read more…
