A conviction would be valid even if there is any omission or irregularity in the charge, provided it did not occasion a failure of justice. (2011) 1 SCALE 114 : (2011) […]
A person commits an offence if—
(a)the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
(b)the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.
Hitesh Verma vs The State of Uttarakhand & Anr (05-11-2020) – Offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. In the present case, the parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. If such person happens to be a Scheduled Caste, the offence under Section 3(1)(r) of the Act is not made out.
When information is given at the police station, normally two courses are open. A station diary entry can be made or the FIR registered. In case there is any deviation, recourse to […]
Evidence Act-Section 137 does not say that such cross-examination has to be limited only to what has been stated by the prosecution witness in examination-in-chief. AIR 1961 SC 175 : (1961) 1 […]
Narain and others Vs State of Punjab– The test is whether he is a witness “essential to the unfolding of the narrative on which the prosecution is based”. Whether a witness is so essential or […]
Distinction between illegality and irregularity vs express prohibition and express provision in Cr.P.C
What is Justice – The essence of the matter does not lie there. It is embedded in broader considerations of justice that cannot be reduced to a set formula of words or […]
The Crown Court
The Course of the Trial
Pakalapati Narayana Gajapathi Raju and others Vs Bonapalli Peda Appadu and another– Section 439 has been interpreted in several decisions of this Court which have taken the view that the revisional jurisdiction, when invoked by […]
Sec- 401- High Court’s Powers of Criminal Revision (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its […]
State of Karnataka Versus K. Yarappa Reddy-As the general rule of evidence is one of prohibiting evidence on collateral issues and since it is only by way of exception that such evidence […]
It is an accepted proposition of law that even in cases where no direct evidence is available in the shape of eye-witnesses etc. a conviction can be based on circumstantial evidence alone. […]
Sec-95- Power to declare certain publications forfeited and to issue search warrants for the same (1) Where— (a)any newspaper, or book, or (b)any document, wherever printed appears to the State Government […]
Designated categories of offences Designated categories of offences means: participation in an organised criminal group and racketeering; terrorism, including terrorist financing; trafficking in human beings and migrant smuggling; […]
It is thus clear that for recording conviction of an offence of robbery, there must be five or more persons. In absence of such finding, an accused cannot be convicted for an offence of dacoity. In a given case, however, it may happen that there may be five or more persons and the factum of five or more persons is either not disputed or is clearly established, but the court may not be able to record a finding as to identity of all the persons said to have committed dacoity and may not be able to convict them and order their acquittal observing that their identity is not established.
PROFORMA FOR EXAMINATION OF RAPE ACCUSED (MALE) Requisition form_____________________of Police Station______________ vide his letter No.______ ___ __________Dated_______________________ Name (in full) _______________________________________ Age by appearance______________Sex____________M.L.C. No._________ Occupation_________________Address________________________________ Date of Examination______________ Time of Examination________________ […]
District and Session Judge Lucknow Case Details Case Type: Session Trial Filing Number: 4213/2017Filing Date: 19-05-2017 Registration Number: 423/2017Registration Date: 19-05-2017 CNR Number: UPLK01-006020-2017 Case Status First Hearing Date: 20th May 2017 Decision Date: 30th September 2020 Case Status: CASE […]
Common intention Sec 34 of Indian Penal Code Acts done by several persons in furtherance of common intention – When a criminal act is done by several persons in furtherance […]
Defendants are charged with numerous offenses arising out of their alleged involvement with an international terrorist organization led by Defendant Usama Bin Laden (“Bin Laden”). Presently before the Court are four motions, filed by Defendants Wadih El Hage (“El Hage”), Mamdouh Mahmud Salim (“Salim”), Mohamed Sadeek Odeh (“Odeh”), and Khalfan Khamis Mohamed (“K.K. Mohamed”) seeking an order compelling the Government to file a bill of particulars that is responsive to over 150 separate requests for information. For the reasons set forth below, those motions are granted in part and denied in part.
where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both