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DELHI LAW TIMES

A Daily Premium Periodical covering judgments pronounced by Hon’ble Delhi High Court, Appeals from Delhi High Court decided by Hon’ble Supreme Court Plus Statutes Sections containing Acts/Rules/Amendments/Notifications of Central Govt. as well as NCT, Delhi. Journal Section(JS) containing Articles/ Write-ups/Critics by eminent Jurists, Lawyers, Educationists.

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->Current Criminal Reports

CRIMINAL LAW

II (2009) CCR 484 (SC)
BAIL - Grant of - Detailed examination of evidence and elaborate documentation of merits of case is to be avoided by Court.

II (2009) CCR 486 (SC) CORRUPTION - Recovery of Amount - Civil and criminal proceeding can proceed simultaneously.

II (2009) CCR 480 (SC) CRIMINAL CONSPIRACY - Definition - Essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct or circumstantial evidence or by both.

II (2009) CCR 397 (SC) CRIMINAL PROCEDURE CODE - Section 133 - "Public Nuisance" - A Lawful and necessary trade ought not to be interfered with unless it is proved to be injurious to health or physical comfort of community.

II (2009) CCR 94 (DB) Parliament Attack Case CRIMINAL TRIAL - A plea in defence, even if not proved, does not entitle prosecution to secure an order of conviction on the accused for that reasons alone.

II (2009) CCR 486 (SC) DISCHARGE - Complicity of accused persons required to be taken into consideration.

II (2009) CCR 401 (SC) EVIDENCE - Dying Declaration - Credibility - Person who recorded dying declaration must be satisfied that deceased was in a fit state of mind.

II (2009) CCR 58 JUDGMENT - Pronouncement of - Presiding Officer may pronounce judgment even if any accused is present and others are absent, and have no authority to stall trial awaiting other accused.

II (2009) CCR 94 (DB) Parliament Attack Case POTA - Confessional statement of one accused cannot be used against co-accused even if both are being tried together for same offences.

II (2009) CCR 94 (DB) Parliament Attack Case - - Confessional statement of different accused persons in same trial cannot be used to corroborate each other's confessional statement.

II (2009) CCR 521 (SC) POST-MORTEM REPORT - If its genuineness is not disputed by opposite party, can be read as substantive evidence to prove correctness of its contents without doctor concerned being examined.

II (2009) CCR 518 (SC) PREVENTION OF CORRUPTION ACT - Section 19(3) - Sentence or order passed by Special Judge shall be reversed or altered by Court of Appeal on ground of absence of any error, omission or irregularity in sanction required under Section 19(1) unless in opinion of Court failure of justice has been occasioned thereby.

II (2009) CCR 417 (SC) PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT - Where persons are part of a protest which turns violent, results in damage to private or public property, persons who have caused damage or were part of the protest or who have organized will be deemed to be strictly liable for the damage so caused.

II (2009) CCR 441 (SC) RAPE - Sentence - Court has discretion to impose a sentence of imprisonment less than prescribed minimum for 'adequate and special reasons'.

II (2009) CCR 395 (SC) SCHEDULED CASTES AND SCHEDULED TRIBES ACT - Quashing of Investigation - Investigation of offence under IPC made by competent officer in accordance with provision of Cr.P.C. cannot be quashed for non investigation of offence under Section 3 of Scheduled Castes and Scheduled Tribes Act by competent police officer.

II (2009) CCR 54 (SC) APPEAL AGAINST ACQUITTAL - High Court has full power to reappreciate, review and reconsider evidence at large, and to reach its own conclusions on such evidence.

II (2009) CCR 206 (SC) BAIL - Interim Bail - Offence committed in State of U.P. - Since provision of anticipatory bail did not exist in State - In appropriate cases - Interim bail should be granted.

II (2009) CCR 116 (SC) COMPOUNDING OF OFFENCES - In violation of statutory provisions except in some marginal cases, Court shall not allow composition of offence.

II (2009) CCR 81 (SC) CORRUPTION - When part of prosecution version relating to demand and acceptance of bribe is not acceptable, whole case would not fail.

II (2009) CCR 11 (SC) CRIMINAL LAW - Circumstantial evidence - Onus was on prosecution to prove that chain is complete and infirmity of lacuna in prosecution cannot be cured by false defence or plea.

II (2009) CCR 101 (SC) - - Non-explanation of serious injuries on defence created serious doubt about credibility of prosecution version.

II (2009) CCR 54 (SC) - - Reasonable doubts - To constitute reasonable doubt, it must be free from an overemotional response.

II (2009) CCR 300 (SC) CRIMINAL PROCEDURE CODE - Section 231 - Prosecution is entitled to produce any person as witness even though such person is not named in the earlier charge-sheet.

II (2009) CCR 70 (SC) CRIMINAL PROCEEDINGS VIS-A-VIS CIVIL PROCEEDINGS - Ordinarily criminal proceeding will have primacy over civil proceeding.

II (2009) CCR 16 (DB) CRIMINAL TRIAL - Benefit of whatever has been written in written complaint cannot be denied to accused, if accused wants to rely on that.

II (2009) CCR 133 (SC) - - Infirmity of lacunae in prosecution cannot be cured by false defence or plea.

II (2009) CCR 17 (SC) DEATH SENTENCE - Organised crime or mass murders of innocent people would call for imposition of death sentence as deterrence.

II (2009) CCR 14 DISHONOUR OF CHEQUE - Partnership firm - Joint account - Complainant can proceed against both or one of signatories.

II (2009) CCR 195 (SC) EVIDENCE - Eye-witnesses - Minor omissions and contradictions in evidence - Entire evidence cannot be discarded.

II (2009) CCR 70 (SC) - - Judgment - If judgment of Civil Court is not binding on Criminal Court, judgment of Criminal Court will certainly not be binding on Civil Court.

II (2009) CCR 207 (SC) - - Last seen theory - Time gap when deceased was last seen alive in company of accused and when his dead body was seen is not very large - Last seen theory applicable.

II (2009) CCR 108 (SC) INDIAN PENAL CODE - Section 34 - In spite of acquittal of one co-accused it is open to Court to convict other accused on basis of joint liability.

II (2009) CCR 91 (SC) - - Section 304 Part I - Merely because single blow was given that does not automatically bring in application of Section 304 Part I, IPC.

II (2009) CCR 116 (SC) INQUEST REPORT - Not prepared for purposes of corroborating prosecution case and mentioning the name of accused in inquest report also not necessary.

II (2009) CCR 243 (SC) FIR - Delay in lodging - Informant went to wrong police station and was directed to go to Navapur Police Station - Delay explained. Criminal Procedure Code, 1973 - Section 154.

II (2009) CCR 84 (SC) INVESTIGATION - Manner and method of conducting investigation are left entirely to Police and Magistrate has no power to interfere with same.

II (2009) CCR 40 PREVENTION OF CORRUPTION ACT - Accused cannot be allowed to raise plea of invalid sanction for first time in appeal.

II (2009) CCR 133 (SC) PROTECTION TO WITNESSES - In a case of gruesome murder, police protection should be given to witnesses.

II (2009) CCR 140 (SC) RIGHT OF PRIVATE DEFENCE - Accused need not prove existence of right of private defence beyond reasonable doubt.

II (2009) CCR 174 (SC) SENTENCE - Custodial sentence - Waiver of - Reasons to be recorded.

II (2009) CCR 174 (SC) - - Imposition of without considering its effect on serial order may be in reality a futile exercise.