Supreme Court Criminal Digest

  • Google India Pvt. Ltd. Vs. M/s. Visakha Industries and Another-10/12/2019 - DEFAMATION: Google hosts the Google Groups. The only question of fact is whether the appellant is in control of the said Group or it is, as claimed, controlled by its Parent Company. Hence, the issue is limited as to the role of appellant and its participation in the business of providing Google Groups platform and raising revenues for the same through advertisements, etc. apart from marketing it. The appellant, it is contended, cannot be allowed to disown its role in Google Groups. The appellant has withheld the actual nature of the activities it is carrying on in India. A party must come to court with clean hands.
  • Raja Vs. State by the Inspector of Police-10/12/2019 - TEST IDENTIFICATION-there is no hard and fast rule about the period within which the TIP must be held from the arrest of the accused. In certain cases, this Court considered delay of 10 days to be fatal while in other cases even delay of 40 days or more was not considered to be fatal at all.
  • SANTOSH PRASAD @ SANTOSH KUMAR VS THE STATE OF BIHAR-14/2/2020 - Sections 376 and 450 of the IPC-It cannot be disputed that there can be a conviction solely based on the evidence of the prosecutrix. However, the evidence must be reliable and trustworthy. Therefore, now let us examine the evidence of the prosecutrix and consider whether in the facts and circumstances of the case is it safe to convict the accused solely based on the deposition of the prosecutrix, more particularly when neither the medical report/evidence supports nor other witnesses support and it has come on record that there was an enmity between both the parties.
  • State of Madhya Pradesh Vs. Amar Lal-10/12/2019 - Acquittal-It appears from the records that the respondent as under trial had undergone 2 years 8 months 11 days of custody and after his conviction on 24.01.1995 by the Sessions Judge he remained incustody till 18.11.2006 completing 11 years 9 months 26 days. Thus, he has undergone total custody of 14 years 6 months 7 days.
  • Sushila Aggarwal and others Versus State (NCT of Delhi) and another – 29/1/2020 - Anticipatory Bail-An order of anticipatory bail should not be “blanket” in the sense that it should not enable the accused to commit further offences and claim relief of indefinite protection from arrest. It should be confined to the offence or incident, for which apprehension of arrest is sought, in relation to a specific incident. It cannot operate in respect of a future incident that involves commission of an offence.
  • VINAY SHARMA  Vs UNION OF INDIA AND OTHERS-14/2/2020  - Nirbhaya’s case-Vinay Sharma – a death-row convict-we do not find any ground for exercise of judicial review of the order of the President of India rejecting the petitioner’s mercy petition and this writ petition is liable to be dismissed.