Prime Minister Narendra Modi bt his 30-minutes television address, which began at 8 pm, addressed the nation on Thursday on the coronavirus outbreak, where he made requests to the people of the country in tackling the virus. India reported its fourth coronavirus death on Thursday as the total number of cases of COVID-19 rose to 173.

Civil vs Criminal Proceeding-effort should be made to avoid conflict of findings between the civil and criminal Courts, it is necessary to point out that the standard of proof required in the two proceedings are entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable doubt has to be given. There is neither any statutory provision nor any legal principle that the findings recorded in one proceeding may be treated as final or binding in the other, as both the cases have to be decided on the basis of the evidence adduced therein.

Penal Code, 1860—Sections 211 and 500—Criminal Procedure Code, 1973—Sections 195, 340 and 439—Bail proceedings are judicial proceedings—Any offence punishable under Section 211, IPC could be taken cognizance of only at instance of court in relation to whose proceedings same was committed or who finally dealt with that case—Bar contained in Section 195, Cr.P.C. was clearly attracted to complaint filed by respondent—Impugned orders quashed.

Criminal Procedure Code, 1973—Sections 195 and 340—Perjury—Making of false statement in court of Rent Controller—Though Rent Controller discharges quasi-judicial functions, he is not a Court, as understood in conventional sense and he cannot make complaint under Section 340 Cr.P.C.—Complaint could be made by a private party in the proceedings—Rent Controller, being a creature of Statute, has to act within four corners of Statute and could exercise only such powers as had been vested in him by Statute—No reason to quash proceedings.

The consistent view taken by this Court that the exercise of power of judicial review of the decision taken by His Excellency the President of India in Mercy Petition is very limited.Keeping in view the above principles, when we considered the grounds raised by the petitioner, we do not find any ground to hold that there was non-application of mind by the President of India. Insofar as the alleged torture of the petitioner in the prison, as we have held in earlier Writ Petition (criminal) Diary No. 3334 of 2020, the alleged torture in the prison cannot be a ground for review of the order of rejection of the Mercy Petition by the President of India.

NIRBHYA DEATH ROW ACCUSED-In this writ petition, the petitioner has raised the points on merits of the matter:- (i) That there was no proper consideration of evidence; (ii) regarding the disability of Ram Singh (accused no.1) who subsequently allegedly committed suicide in the prison; and (iii) raising doubts about the arrest of the petitioner at Karoli, Rajasthan.

Recent Updates