Blood of Human Origin

Not all crimes are perfectly investigated. SC was recently evaluating the possibility of releasing Former Panachayat Chairman Balwan Singh, accused of murder [Balwan Singh v. State of Chattisgarh, Criminal Appeal No. 727 of 2015]. Learned Senior Counsel, Shri Sanjay Hegde successfully argued for Balwan. Delay in recording statements of eye-witnesses need not necessarily raise suspicion. […]

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The Revival of Ray XXIV

“Justice Krishna Iyer delivered a concurring opinion in Sushil Kumar Sen v. State of Bihar, (1975) 1 SCC 774, expressing a thought process which would be of significant relevance to the issue in hand. “The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary […]

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Review of Death Penalty XIV

While evaluating mitigating circumstances, brutality of the crime should never be lost sight of. Perhaps, that is the lesson taught by Hon’ble Justice R.F. Nariman. _____ “The entire chain of events has been made out and despite this being a case of circumstantial evidence, the prosecution has clearly proved its case beyond reasonable doubt. The […]

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Section 306, Indian Penal Code II

“When the accusation in the present case has its genesis in certain acts and utterances attributed to the accused, the meaning and expanse of the expression ‘abetment’, particularly on its operation in relation to the offence of ‘abetment of suicide’, is required to be dilated upon. ‘Abetment’ involves a mental process of instigating a person […]

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Child Witness

“Section 118 of The Evidence Act, 1872 deals with the competence of a person to testify before the Court. Section 4 of The Oaths Act, 1969 requires all witnesses to take oath or affirmation, with an exception for child witnesses under the age of twelve years. Therefore, if the Court is satisfied that the child […]

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Compromising the Non-Compoundable

“It is the experience of the Judge that comes to his aid and the said experience should be used with care, caution, circumspection and courageous prudence.” – Hon’ble Justice M.R. Shah. _____  Shankar, (2019) 5 SCC 166. Manjit Singh v. The State of Punjab, [Criminal Appeal No. 1090 of 2019]. Hon’ble Justice R. Banumathi has […]

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The Proof of Forgery II

“CBI registered an FIR on 12.04.1994 with regard to the opening of a fictitious bank account on 13.07.1992 in the name of one Raj Kumar. Soon thereafter by separate forged credit entries between the period 23.07.1992 to 31.10.1992, deposit of Rs. 3,22,056/- was made in the account. Subsequently on different dates a sum of Rs. […]

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