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Mohit Khandelwal & Associates
03
Jun

Tarina Sen v. Union of India and Another, Criminal Appeal No. 4114 of 2024

June 3, 2025
Brief Facts On 14th October 2000, a regular case under section 154 of CrPC was registered against all 5 accused alleging commission of offences punishable under section 120-B, 420, 468 and 471 of IPC 1860 and section 13(2) and 13(1)(d) of prevention of corruption act 1988. It was alleged that accused 1 while being on...
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03
Jun

Dhanraj Aswani v. Amar S. Mulchandani and Anr, Criminal Appeal No. 2501 of 2024

June 3, 2025
Brief Facts FIR lodged by the complainant/appellant, while the respondent was already in custody for another case. Apprehending arrest, the accused applied to the Bombay High Court for anticipatory bail. Application was opposed by the Complainant on the ground of maintainability as the person was already in jail for another case, he should not be...
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13
May

Surendran v. State of Kerala, Criminal Appeal No. 1080 of 2019

May 13, 2025
Brief Facts In this case the accused persons were charged for offence under Section 304-B and 498-A of the IPC as the deceased had committed suicide after being harassed for the demand of dowry. The Trial Court convicted the accused persons for offence under Section 304-B and 498-A of IPC. The Appellate Court acquitted the...
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13
May

Tulesh Kumar Sahu Versus State of Chhattisgarh, Criminal Appeal No. 753 Of 2021

May 13, 2025
Issues Whether the court can convict a person for murder solely on basis of recovery of stolen article from the accused? What is the test to check the authenticity of the recoveries made from the accused? Held The Apex Court acquitted the accused by reversing the judgment of the High Court. Apex Court referred the...
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13
May

Munikrishna @ Krishna Etc. v.. State by Ulsoor PS, Criminal Appeal Nos.1597-1600 of 2022

May 13, 2025
Brief Facts In this case the Trial Court and the High Court relied on the voluntary statements of the accused and their videography statements made before the Police for convicting the Accused. Issues Whether video of confession made before police is admissible in evidence? Held The Apex Court acquitted the accused as the offence was...
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13
May

State of M.P v. Ramji Lal Sharma, Criminal Appeal No. 293 of 2022

May 13, 2025
Brief Facts In this case, the Trial Court held all the accused guilty for the offences punishable under Section 302 read with Section 34 of the IPC and sentenced all the accused to undergo life imprisonment. Allowing the appeal filed by three accused, the High Court acquitted them observing that there are contradictions in the...
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13
May

Jai Prakash Tiwari v. State of Madhya Pradesh, (Criminal Appeal No. 704/2018)

May 13, 2025
Issues Purpose of Section 313 Cr.P.C. Whether failure to ask questions from an accused u/s 313 CrPC would vitiate the entire trial? Held Apex Court allowed an appeal and set aside the conviction of accused for offence of attempt to murder. The purpose of Section 313 CrPC is to provide the accused a reasonable opportunity...
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13
May

Gireesan Nair v. State of Kerala Criminal Appeal 1864-1865/2010

May 13, 2025
Issues The object of conducting a Test Identification Parade Admissibility of evidence of Test Identification Parade Whether evidence of TIP is admissible if the witness had the opportunity to see accused before conducting TIP? Whether TIP conducted in front of the I.O. is admissible? Held The Apex Court acquitted the accused considering the fact that...
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13
May

Makhan Singh v State of Haryana, (Criminal Appeal No. 1290 of 2010)

May 13, 2025
Issues Whether Dying Declaration can be made the sole basis for conviction? Which type of dying declaration is to be relied upon if a case involves multiple dying declarations which are mutually inconsistent? Held The Court is required to examine as to whether the dying declaration is true and reliable; as to whether it has...
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13
May

Pappu Tiwary v. State of Jharkhand, Criminal Appeal No.1492 of 2021

May 13, 2025
Issues Whether an inquest report is a substantive piece of evidence? Who has the burden of proof in the case when the plea of alibi is taken by the accused? Whether testimony of informant to be taken into account even if given by close relative? Held An inquest report is not substantive evidence and the...
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