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Landmark Judgments and Articles on Law

How to appreciate finger print evidence?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.2329-2331 OF 2009 State of Punjab .. Appellant versus Jagga Singh Etc. .. Respondents WITH CRIMINAL APPEAL NO.2327 OF 2009 AND CRIMINAL APPEAL NO.2328 OF 2009 J U D G M E N T…

Accused is entitled to get acquittal on ground that material evidence were not put as per u/s 313 of Cr.P.C

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2388 OF 2014 (Arising out of S.L.P. (Crl.) No.8852 of 2013) Nar Singh ….Appellant Versus State of Haryana ….Respondent J U D G M E N T R. BANUMATHI, J. Leave granted. 2. This…

Burden of proof is on accused to prove the voluntary consent of the deceased

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.  1902    OF 2014 (Arising out of SLP (Crl.) No. 1800 of 2014) NARENDRA                                      …

Is it necessary to prove certificate as per section 65B of evidence Act to prove Tape recorded evidence

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. JUDGMENT D.B. CRIMINIAL APPEAL NO. 151/2007 SUNIL PANCHAL VS. THE STATE OF RAJASTHAN. DATE OF JUDGMENT : 03.06.2016 MR. JUSTICE MOHAMMAD RAFIQ MR. JUSTICE VIJAY KUMAR VYAS Citation: 2016 CRLJ 4238 Raj These two…

Basic Principles to be followed to resolve conflict between two fundamental rights

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 132 OF 2016 Asha Ranjan Vs State of Bihar Ors. Dated:FEBRUARY 15, 2017. Citation: AIR 2017 SC 1079. Regard being had to the similitude of prayers and considering the commonality of issues…

When Culpable Homicide does not amount to Murder

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION (Before A.K. Sikri and R.K. Agrawal, JJ.) Surain Singh . vs. The State of Punjab . Criminal Appeal No. 2284 of 2009 Decided on April 10, 2017 Citation: 2017 SCC ONLINE SC364 The Judgment of the Court…

Whether court can convict accused on basis of testimony of hostile witness?

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.423 OF 2015 DEVRAJ . V STATE OF CHHATTISGARH . Dated:JULY 25, 2016. This appeal has been filed against the judgment and order dated 7th January, 2013 of the High Court of Chhattisgarh in…

Dying declaration of wife is enough to convict under 498A?

HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.1387 of 1998 Ramesh Pateria, vs The State of Madhya Pradesh (now Chhattisgarh) Coram: Shri Deepak Gupta, Chief Justice Shri Justice Sanjay Agrawal Dated: 24.10.2016. Citation: 2017 CRLJ(NOC) 41 Chhati 1. By means of this appeal, the accused/Appellant…

Adultery by itself isn’t cruelty to wife

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 1138-1139 OF 2016 (@ S.L.P. (Crl) Nos. 5928-5929 OF 2016) K.V. Prakash Babu … Appellant VERSUS State of Karnataka … Respondent J U D G M E N T Dipak Misra, J. Leave…

Sexual intercourse, which is forceful and not forcible,is not rape.

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 17, 2014 Judgment Delivered on: October 30, 2014 CRL.A. 1534/2011 ACHEY LAL ….. Appellant Represented by: Mr.Vivek Sood, Ms.Vandana Bhatnagar, Ms.Jhanvi Mahan,Mr.Jaideep Tandon and Mr.Prem Prakash, Advocates. versus STATE GOVT. OF NCT…

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