“We find it difficult to accept the view taken in Mohan Lal. It was held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Some have maintained a distinction in that where the investigation was conducted by […]
Read more "Referred to Larger Bench XIV: 4 Kilograms of Opium"“The NDPS Act carries a reverse burden of proof under Sections 35, 54. Section 35(2) provides that a fact can be said to have been proved if it is established beyond reasonable doubt and not on preponderance of probability. Article 21 of The Constitution, would be a hollow promise if the investigation were not to […]
Read more "4 Kilograms of Opium"“It is no doubt true that Arvind committed suicide on 23.02.2002. There is also no dispute that Arvind blamed Rajesh, Wife’s Brother. In order to bring a case within the purview of Section 306, IPC there must be a case of suicide and in the commission of the said offence, the person who is said to […]
Read more "Section 306, Indian Penal Code"“It needs to be borne in mind that there may be certain activities which the society perceives as immoral per se. It may include gambling (though that is also becoming a debatable issue now), prostitution etc. It is also to be noted that standards of morality in a society change with the passage of time. […]
Read more "Morality of Gambling"Appellant was a driver working with Swargate S.T. Depot, Pune. On 25.01.2012 he had requested for changing his ‘night out duty’ to ‘single day duty’. After his request was declined, he ‘hijacked’ a S.T. Bus; ‘crushed to death’ 2-3; ‘killed’ 6; ‘grievously injured’ / ‘permanently disabled’ 36; ‘damaged’ public property. Appellant was not in a […]
Read more "Review of Death Penalty V"“The correctness of the decision in Sadanandan’s case was doubted. Three-Judge Bench of this Court in MSR Leathers v. S. Palaniappan held that there is nothing in the provisions of Section 138 of The Act that forbids the holder of the cheque to make successive presentation of the cheque and institute the criminal complaint based […]
Read more "Successive Presentations of Cheque"“It is true that an extra-judicial confession is used against its maker but as a matter of caution, advisable for the Court to look for a corroboration with the other evidence on record. In Gopal Sah, (2008) 17 SCC 128 this Court held that an extra-judicial confession is, on the face of it, a weak […]
Read more "Extra Judicial Confessions II"