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Landmark Judgments and Articles on Law

Bail granted in Gangrape case

ALLAHABAD HIGH COURT Court No. – 76 Case :- CRIMINAL APPEAL No. – 5119 of 2021 Appellant :- Suresh Yadav @ Suresh Kumar Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Awadhesh Kumar Sharma,Sharda Vishwakarma,Swati Agrawal Srivastava Counsel for Respondent :-…

Longer voluntery sexual relation with promise of the marriage is not Rape

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 635 OF 2020 (Arising out of SLP (Crl.) No.393 of 2020) MAHESHWAR TIGGA …APPELLANT(S) VERSUS THE STATE OF JHARKHAND …RESPONDENT(S) JUDGMENT NAVIN SINHA, J. Leave granted. 2. The appellant assails his conviction under…

Whether the court can convict an accused for an offence of being a habitual offender based on his confession even if he is not convicted twice for a crime U/S 411 of IPC?

HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. Reserved on :- 04.08.2021 Delivered on :- 19.08.2021 Court No. – 76 Case :- CRIMINAL APPEAL No. – 1534 of 2020 Appellant :- Vinod Mali Respondent :- State of U.P. Counsel for Appellant :- Shiv Vilas Mishra,Vinod Kumar…

How to appreciate evidence of defence witness and court witness?

IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON’BLE MR. JUSTICE MANOJ KUMAR OHRI CRL.A. 633/2020 SONU vs. THE STATE (GOVT. OF NCT), DELHI Dated: 06.09.2021 1. The present appeal has been preferred under Section 374(2) read with Section 383 Cr.P.C. on behalf of the…

POCSO – Presumption is guilt of the accused. The burden of proof on the prosecution

IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON’BLE MR. JUSTICE MANOJ KUMAR OHRI CRL.A. 454/2020; 10.08.2021 RAKESH @ DIWAN v.s THE STATE (GNCT OF DELHI) Appellant Through: Mr. Sulaiman Mohd. Khan, Advocate; Respondent Through: Mr. Ashok Kr. Garg, APP for State JUDGMENT…

Object of the bail is to ensure the presence of the accused during the trial is neither to punish the accused by keeping him in jail or to teach him a lesson

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Hon’ble Vikas Kunvar Srivastav, J. BAIL No. – 5451 of 2018 Ajay Kumar vs. State Of U.P Counsel for Applicant :- Sudhakar Mishra,Atul Verma,Hari Krishna Verma,Shitla Prasad Tripathi; Counsel for Opposite Party :- G.A. 1. The case…

Whether court should release the Rape accused on bail if the victim has taken a u-turn?

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.12704 of 2021 DECIDED ON:25th MARCH, 2021 Subhash Chander Vs State of Haryana CORAM: HON’BLE MR. JUSTICE AVNEESH JHINGAN. The matter is taken up for hearing through video conference due to COVID-19 situation. This…

Bail in 498A and 304B

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. – 12 Case :- BAIL No. – 239 of 2020 Applicant :- Dhanpal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Mohan Singh,Km. Akhilesh Singh Counsel for Opposite Party :- Govt….

Object of Section 313 Cr.P.C. is to settle approach discourse between a Court and a Accused

IN THE HIGH COURT OF DELHI AT NEW DELHI CORAM: HON’BLE MR. JUSTICE G.S.SISTANI , HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL CRL.A. 47/2004 Date of Judgment: 18th February, 2016 HARI BAHADUR @ HARI ….. Appellant Through: Mr. Braham Singh, Advocate Versus STATE ….. Respondent Through:…

When Postmortem report can be treated as Substantive Evidence without Examining doctor?

HIGH COURT OF JUDICATURE AT ALLAHABAD (On admissibility of P.M.R.) Reserved Chief Justice’s Court Case :- CRIMINAL APPEAL No. – 3079 of 1985 Appellant :- Bijendra Singh VS. Respondent :- State of U.P. Counsel for Appellant :- R.S. Yadav,Ajay Kumar Srivastava,Jitendra Pal Singh Chauhan Counsel…

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