Category

Cognizance & Charges
Brief Facts Petitioners in the present case were the intruders who open fired at Red Fort resulting killing of 3 army men. The Appellants were convicted by the Trial Court punished with death sentence. The Death Reference made before the High Court was rejected and even the appeals were dismissed by the Apex Court vide...
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Issues Whether the opinion of the handwriting expert is the only way or mode of proving the signature and handwriting of a person? Whether the order of cognizance for offence under Section 467 and 471 of IPC can be quashed only on the ground that the opinion of the handwriting expert was not conclusive? Held...
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Issues Whether the absence of motive in a case of circumstantial evidence weighs in favour of the accused? Whether the last seen theory must establish the proximity of time? Held The Apex Court acquitted the accused persons by setting aside the order of the High Court. In a case based on substantial (circumstantial) evidence, motive...
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Issues Whether the prosecution is required to prove its case beyond all iota of doubt? Whether the accused can be acquitted on the ground that the trial has taken years and other accused had died during the pendency of appeal? Held The Apex Court upheld the conviction and denied to interfere in the concurrent findings...
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Issues Whether the evidence tendered by the witnesses can be discarded solely on the ground that the witnesses were the relative of the deceased? Whether delay in lodging the FIR can be a ground to weaken the prosecution case? Held The Apex Court set aside the order of acquittal and convicted the accused. The High...
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Issues Whether the accused can be discharged from the allegations of the offense under Section 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act when no incriminating material have been found during the investigation? What should be the approach of the courts before framing the charges in criminal proceedings? Whether the court is required to...
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Brief Facts A discharge application was filed by a person accused of offence under the Prevention of Corruption Act, 1988 (for having possessed assets disproportionate to his known sources of income) and the same was dismissed by the Trial Court. The Trial Court refused to consider this objection on the ground that a roving inquiry...
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Issues Whether the dying declaration will be reliable if, at the time when the dying declaration was recorded, there was no emergency and/or any danger to the life of the deceased? Whether Error/Omission/defect in framing of charges –would render the conviction improper and unsustainable? Whether non-recovery of weapons alleged to have been used by the...
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Brief Facts In this case Manish Sisodia, then Deputy Chief Minister of Delhi had filed a criminal complaint against Manoj Kumar Tiwari & five ors. alleging that Manoj Kumar Tiwari made false and defamatory statements against the Complainant during the press conference and alleged that the Complainant was involved in corrupt practices in the matter...
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Brief Facts In this case the Complainant/Appellant lodged an FIR for the offence under Sections 147, 148, 149, 307, 323, 324, 504 IPC. The Investigating Officer, after completing the investigation, submitted a Negative Final Report. Being aggrieved by the said report, the appellant-complainant filed a Protest Petition before the concerned CJM. The Magistrate rejected the...
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