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 […]

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Section 306, Indian Penal Code

“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 […]

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Review of Death Penalty V

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 […]

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Extra Judicial Confessions II

“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 […]

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Setting Aside, Acquittal Orders II

Stories, Locking Key, Weapons, Blood Stains, Fingerprints, Hair, Robbed Items, Murdered Bodies, Accused: Recovered. Trial Court: Capital Punishment. 2:1 High Court: Acquittal. Hon’ble Justice Mohan M. Shantanagoudar, Ashish Jain v. Makrand Singh, [Criminal Appeal No. 1980 of 2008]: Acquittal “We have re-appreciated the entire evidence. No whisper of an important fact / crucial piece of […]

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Compound the Non-Compoundable I

“Offences under Sections 307, 294 read with Section 34, IPC are non-compoundable. Accused fired twice by a country-made pistol. The High Court has committed a grave error in quashing the criminal proceedings solely on the ground that the Complainant and the Accused have settled the dispute. In Gulab Das, (2011) 12 SCALE 625 this Court […]

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