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case_law:supreme_court_quarterly_digest_july_-_september_2018_part_2_84327122018

Supreme Court Quarterly Digest July - September 2018 Part 2

Constitution of India - Art. 142 - directs the Punjab National Bank to appoint 29 canteen workers. Punjab National Bank v. PNB Canteen Workers Union (Calcutta), C.A. No. 5112 of 2017 25-09-2018

Constitution of India - Art. 21 - Fundamental Right - Unnecessary Arrest - Reputation of an individual is an insegregable facet of his right to life with dignity. S. Nambi Narayanan v. Siby Mathews, JT 2018 (9) SC 97 : 2018 (4) KHC 598 : 2018 (4) KLJ 242 : 2018 (4) RCR (Criminal) 801 : 2018 (11) Scale 171 : 2018 (7) SLT 310 C.A. No. 6637 of 2018 14-09-2018

Constitution of India - Art. 226 - Whether the Division Bench in an intra court appeal could have remitted a writ petition in the matter of moulding the relief . It is the exercise of jurisdiction of the High Court under Article 226 of the Constitution of India. The learned Single Judge as well as the Division Bench exercised the same jurisdiction. Only to avoid inconvenience to the litigants, another tier of screening by the Division Bench is provided in terms of the power of the High Court but that does not mean that the Single Judge is subordinate to the Division Bench. Being a writ proceeding, the Division Bench was called upon, in the intra court appeal, primarily and mostly to consider the correctness or otherwise of the view taken by the learned Single Judge. Hence, the Division Bench needs to consider the appeal(s) on merits by deciding on the correctness of the judgment of the learned Single Judge, instead or remitting the matter to the learned Single Judge. Roma Sonkar v. Madhya Pradesh State Public Service Commission, 2018 (10) Scale 222 C.A. No. 7400 of 2018 31-07-2018

Constitution of India - Art. 32 - Criminal P.C. 1973- S. 144 - Public Protests - Police can frame proper guidelines for regulating protests, demonstrations, etc. Mazdoor Kisan Shakti Sangathan v. Union of India, 2018 (9) Scale 134 W.P.(C) No. 1153 of 2017 23-07-2018

Constitution of India - Art.136 - Merely because two Courts have taken a particular view on the material issues, that by itself would not operate as a fetter on Apex Court to exercise jurisdiction under Art.136 - What really matters is whether the finding is manifestly an unreasonable, and unjust one in the context of evidence on record. Lakshmi Sreenivasa Coop. Bldg. Soty. Ltd. v. Puvvada Rama Rao (d) By Lrs., AIR 2018 SC 3580 : 2018 (5) ALD 150 : 2018 (9) Scale 317 C.A. No. 6620 of 2008 31-07-2018

Constitution of India - Art.32 - Protecting the interests of home buyers in projects floated by Jaypee Infratech Limited. Chitra Sharma v. Union of India, 2018 (5) Bom.C.R. 712 : JT 2018 (8) SC 114 : 2018 (4) RCR (Civil) 45 : 2018 (9) Scale 490 : 2018 (7) SLT 37 W.P. (C) No. 744 of 2007 09-08-2018

Constitution of India - Art.342 - Scheduled Tribes - Limitations on the powers of Supreme Court - Court cannot add to alter or modify the notified list of Schedules Castes and Scheduled Tribes - Court cannot take into consideration any evidence in this regard - Court cannot give such an interpretation to a Caste or Tribe mentioned in the list of notified Scheduled Castes or Scheduled Tribes which would have the effect of nullifying the intention of the Parliament. State of Orissa v. Dasarathi Meher, 2018 (13) Scale 639 C.A. No. 7362 of 2013 27-09-2018

Constitution of India - Article 137 - Supreme Court Rules, 2013 - Order XLVII Rule 1 - Nirbhaya Rape Case - Death Sentence - Review Jurisdiction - In review petition, the petitioner had tried to raise the plea that he was not in the bus and he has nothing to do with the incident. The factum of he being involved in the offence having been gone into by all courts and after marshalling the evidences, he having been convicted and sentenced, it is not open for the petitioner in the review petition to contend that he had nothing to do with the incident. Mukesh v. State of NCT of Delhi, 2018 (8) Scale 557 R.P. (Crl.) No. 570 of 2017 09-07-2018

Constitution of India - Article 21 - Public Interest Litigation - Suo Motu Writ Petitions - Rights of Prisoners - Jail Reforms - Supreme Court Committee on Prison Reforms - Directions issued. Re-Inhuman Conditions in 1382 Prisons, 2018 (13) Scale 52 W.P. (C) No. 406 of 2013 25-09-2018

Constitution of India - Arts. 14, 15, 25, 32, & 51A(e) - Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 (Kerala) - R.3(b) - Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 (Kerala) - S.4 - Seeks issuance of directions against the Government of Kerala, Devaswom Board of Travancore, Chief Thanthri of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 10 to 50 years to the Lord Ayyappa Temple at Sabarimala (Kerala) which has been denied to them on the basis of certain custom and usage - to declare the 1965 Rules framed in exercise of the powers conferred by the 1965 Act as unconstitutional and further to pass directions for the safety of women pilgrims. Indian Young Lawyers Association v. State of Kerala, JT 2018 (10) SC 19 : 2018 (4) KLT 373 : 2018 (13) Scale 75 W.P. (C) No. 373 of 2006 28-09-2018

Constitution of India - Arts. 16, 335, 341, 342 - Equality of opportunity in matters of public employment - Claims of Scheduled Castes and Scheduled Tribes to services and posts. Jarnail Singh v. Lachhmi Narain Gupta, 2018 (5) KarLJ 689 : 2018 (7) SLT 639 : 2018 (4) JLJR 93 : 2018 (4) PLJR 108 : 2018 (11) Scale 530 SLP © No. 30621 of 2011 26-09-2018

Constitution of India - Arts. 25, 26 & 145(3) - Freedom to follow faith and manage religious affairs - 1934 Constitution of Malankara Orthodox Syrian Church - cannot be said to be in violation of Arts. 25 and 26. Mathews Mar Koorilos v. M. Pappy, AIR 2018 SC 4033 : 2018 (3) KLT 990 : 2018 (10) Scale 351 : (2018) 9 SCC 672 C.A. No. 6263 of 2001 28-08-2018

Constitution of India - Leprosy - Activities of the National Leprosy Eradication Programme (NLEP) must be given wide publicity. Pankaj Sinha v. Union of India, AIR 2018 SC 4297 : JT 2018 (9) SC 87 : 2018 (11) Scale 210 W.P. (C) No. 767 of 2014 14-09-2018

Constitution of India - Lieutenant Governor need not, in a mechanical manner, refer every decision of his Ministers to the President. He has to be guided by the concept of constitutional morality. Government of NCT of Delhi v. Union of India, 2018 (8) Scale 72 : (2018) 8 SCC 501 C.A. No. 2357 of 2017 04-07-2018

Constitution of India - Medicine Shops - Closure of the shop - Supply of free essential drugs to all classes of patients by the Government - Sardar Vallabh Bhai Patel Nishulka Aushadhi Vitaran Yojna - The laudable objective of the Government to ensure availability of free medicines to the patients in the civil hospital premises will have to be balanced with the competing interests of the appellants to earn their livelihood. If peaceful coexistence is possible, there is no reason why the shop premises should be shut down and the appellants be asked to vacate. Bharmal Medical Store Civil Hospital Badnagar v. State of Madhya Pradesh, JT 2018 (8) SC 318 : 2018 (2) RCR (Rent) 379 : 2018 (10) Scale 225 C.A. No. 8590 of 2018 27-08-2018

Constitution of India - Part IXA - Ss. 243P(e), 243Q, 243R, 243ZF - ”Municipality” - Constitution of Municipalities - Composition of Municipalities - Continuance of existing laws and Municipalities - Object and Purpose of Constitution 74th Amendment Act, 1992. New Okhla Industrial Development Authority v. Chief Commissioner of Income Tax, 2018 (8) Scale 365 C.A. No. 792 of 2014 02-07-2018

Constitution of India - The horrendous acts of mobocracy cannot be permitted to inundate the law of the land. Tehseen S. Poonawalla v. Union of India, 2018 (3) RCR (Civil) 725 : 2018 (9) Scale 4 : 2018 (3) SCC (Cri) 770 bit.ly/WPC754of2016 17-07-2018

Constitution of India - Whether a person belonging to a Scheduled Caste in relation to a particular State would be entitled or not, to the benefits or concessions allowed to Scheduled Caste candidate in the matter of employment, in any other State? Bir Singh v. Delhi Jal Board, AIR 2018 SC 4077 : JT 2018 (8) SC 463 : 2018 (10) Scale 284 : (2018) 10 SCC 312 C.A. No. 1085 of 2013 30-08-2018

Constitution of India - Writ of Habeas Corpus - Whether could be maintained in respect of a person who is in police custody pursuant to a remand order passed by jurisdictional Magistrate in connection with the offence under investigation. State of Maharashtra v. Tasneem Rizwan Siddiquee, AIR 2018 SC 4167 : 2018 (4) Bom.C.R.(Cri.) 1 : JT 2018 (8) SC 437 : 2018 (4) MLJ(Cri) 211 : 2018 (10) Scale 711 : (2018) 9 SCC 745 Crl.A. No. 1124 of 2018 05-09-2018

Constitution of India, 1950 - A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed. True it is, the final publication must not run counter to law but the application of the rigours of law has to also remain alive to the various aspects that have been accepted by the authorities of the Court. The craftsmanship of a writer deserves respect by acceptation of the concept of objective perceptibility. N. Radhakrishnan @ Radhakrishnan Varenickal v. Union of India, AIR 2018 SC 4154 : 2018 (3) JLJ 330 : 2018 (3) KLT 1042 : JT 2018 (8) SC 450 : 2018 (10) Scale 717 : (2018) 9 SCC 725 W.P.(C) No. 904 of 2018 05-09-2018

Consumer Law - Consumer Disputes Redressal Commission - Appointment of part time female member. Meena Verma v. State of Himachal Pradesh, JT 2018 (9) SC 231 : 2018 (11) Scale 289 C.A. No. 5710 of 2018 19-09-2018

Consumer Protection Act, 1986 - Deficiency in service - purchased one plot from the Urban Planning and Development Authority for the construction of their residential house - respondents caused loss, inconvenience and mental harassment while completing construction of their residential house on the plot which remained incomplete for more than one year - dismissed with costs quantified at Rs.10,000/ payable by the Authority to the respondents. Punjab Urban Planning & Development Authority v. Kanwaljit Singh Ahluwalia, JT 2018 (9) SC 332 : 2018 (13) Scale 465 : 2018 (4) RCR (Civil) 605 C.A. No. 4639 of 2010 25-09-2018

Contempt of Court - Application seeking direction expunging / deleting the remarks made against the counsel. Tehseen Poonawalla v. Union of India, 2018 (13) Scale 320 M.A. No. 1607 of 2018 26-09-2018

Contempt of Court - Criminal Contempt Reference - High Court ought to have conducted an inquiry. That having not been done and the punishment having been imposed solely on the basis of the reference made by the District Judge and the affidavit in response - the principles of natural justice have not been complied with fully - appellant had tendered unconditional apology - the apology tendered by the appellant is taken on record - set aside the conviction and sentence imposed upon the appellant and the appeal is allowed. Kuldeep Mansukhani v. Court On its Own Motion, High Court of Delhi at New Delhi, JT 2018 (7) SC 462 : 2018 (4) RCR (Civil) 131 : 2018 (9) Scale 431 : 2018 (6) SLT 405 Crl.A. No. 920 of 2006 01-08-2018 Contempt of Courts Act, 1971 - Criminal Contempt - Lawyer - Sentence of simple imprisonment for six months - direction to the Bar Council of India to take appropriate action against the appellant - It was made clear that until the appellant purged with the contempt, he would not be entitled to practise under the jurisdiction of the respondent-High Court, except for the chamber practice - As per the interim Order dated 3rd December, 2007 while admitting the appeal, the sentence of imprisonment awarded to the appellant was stayed by this Court. Bar Council of India that they had dropped the proceedings against the appellant on account of his serious ill-health, having met with an accident - Court had also taken note of the 2 adverse health condition of the appellant - High Court, submits that the appellant has not been practising in the jurisdiction of the Jharkhand High Court - interest of justice would be met and complete justice done in case the Interim Order dated 3 rd December, 2007 is made absolute and the appeal is disposed of, thereby vacating that part of the impugned order on sentence of imprisonment. Ordered accordingly. In view of above, the appeal is party allowed. K.K. Jha “Kamal” v. Jharkhand High Court, 2018 (9) Scale 46 Crl.A. No. 1673 of 2007 10-07-2018

Contempt of Courts Act, 1971 - the High Court unjustly proceeded against him without framing formal charges or furnishing such charges to him; and more so because filing of affidavit by the appellant was supported by contemporaneous official record, which cannot be termed as an attempt to obstruct the due course of administration of justice. Accordingly, this appeal ought to succeed. R.S. Sehrawat v. Rajeev Malhotra, AIR 2018 SC 4172 : 2018 (4) Bom.C.R.(Cri.) 14 : 2018 (4) MLJ(Cri) 121 : 2018 (10) Scale 701 : 2018 (7) SLT 462 Crl.A. No. 684 of 2006 05-09-2018

Contract Law - Global Invitation of Request for Qualification (RFQ) - inviting applications from interested persons for the development of the 4th Container Terminal Project on Design, 1 Build, Finance, Operate and Transfer Basis at Jawaharlal Nehru Port. PSA Mumbai Investments Pte. Limited v. Board of Trustees of the Jawaharlal Nehru Port Trust, 2018 (5) ArbLR 185 : JT 2018 (9) SC 127 : 2018 (5) RAJ 511 : 2018 (11) Scale 325 C.A. No. 9352 of 2018 11-09-2018

Copyright Act, 1957 - Infringement of Copyright - Software - Comparison of software by a foreign expert. Diyora and Bhanderi Corporation through its partner v. Sarine Technologies Ltd., 2018 (9) Scale 423 : (2018) 8 SCC 804 C.A. No. 7304 of 2018 30-07-2018

Criminal Law - a dismissal of a SLP in limine, would neither mean that the lower court judgment stands affirmed nor the principle res judicata would be applicable. Kusal Toppo v. State of Jharkhand, 2018 (10) Scale 651 Crl.A. No. 1691 of 2010 07-08-2018

Criminal Law - Investigating Officer filed a closure report - objections filed by the defacto complainant - Magistrate has issued process under Section 204 Cr.P.C. - Appellant to surrender before the Magistrate. Sandip Pandey @ Sandeep Kumar Pandey v. M/s. Shivam Builders and Developers, Crl.A. No. 1216 of 2018 24-09-2018

Criminal Law - Police force need to develop and recognize the concept of ‘democratic policing’, wherein crime control is not the only end, but the means to achieve this order is also equally important. Yashwant v. State of Maharashtra, AIR 2018 SC 4067 : 2018 (4) Bom.C.R. (Cri.) 20 : 2018 (3) Crimes 491 : 2018 (3) JLJ 242 : JT 2018 (8) SC 405 : 2018 (4) MLJ(Cri) 10 : 2018 (10) Scale 658 : 2018 (7) SLT 434 bit.ly/CrlA385of2008 04-09-2018

Criminal P.C. 1973 - S. 125 - Whether the quantum of maintenance amount determined by the High Court is just and proper - Discussed. Reema Salkan v. Sumer Singh Salkan, AIR 2018 SC 4606 : JT 2018 (9) SC 390 : 2018 (4) RCR (Criminal) 395 : 2018 (13) Scale 33 Crl.A. No. 1220 of 2018 25-09-2018

Criminal P.C. 1973 - S. 321 - Withdrawal from prosecution - Public Prosecutor or an Assistant Public Prosecutor, as the case may be, has an important role under the statutory scheme and is expected to act as an independent person. He/she has to apply his/her own mind and consider the effect of withdrawal on the society in the event such permission is granted. Abdul Wahab K. v. State of Kerala, AIR 2018 SC 4265 : 2018 (3) Crimes 420 : 2018 (3) GLH 272 : 2018 (11) Scale 99 : 2018 (7) SLT 343 Crl.A. No. 1047 of 2018 13-09-2018

Criminal P.C. 1973 - S. 362 - The High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits. However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C. The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. What the High Court sought to do in the impugned order is not to correct a clerical or arithmetical error; it sought to rehear the matter on merits, since, according to the learned Judge, the earlier order was patently erroneous. That is impermissible under law. Mohammed Zakir v. Shabana, 2018 (9) Scale 374 : 2018 (3) KLJ 816 Crl.A. No. 926 of 2018 23-07-2018

Criminal P.C. 1973 - S. 438 r/w Ss. 420 & 409 - Anticipatory Bail - “Bank Guarantee” - “defalcated sum” - If on account of failure to submit and to keep it alive in respect of the “defalcated sum”, any benefit of bail/anticipatory bail was withdrawn and orders of non-bailable warrants were issued, such orders stand cancelled and recalled. However the concerned millers ought to have furnished and kept alive bank guarantees as contemplated in terms of the agreement. If there be any failure on this count the cancellation of bail/anticipatory bail was perfectly justified. Arvind Tiwary v. State of Bihar, 2018 (9) Scale 563 : (2018) 8 SCC 475 : JT 2018 (8) SC 1 : 2018 (6) SLT 645 Crl.A. No. 998 of 2018 13-08-2018

Criminal P.C. 1973 - S. 482 - Penal Code, 160 - Ss. 406 r/w. 420 - amount deposited - the de facto complainant submits that the amount may be directed to be released to him - since he is getting his money, he has no intention to proceed with the prosecution - offences are compoundable with permission of the court - All the coercive steps taken against the appellant, including freezing of the account, shall stand withdrawn. Raj Sharma @ Raj Kumar Sharma v. State of Uttar Pradesh, 2018 (3) RCR (Criminal) 792 : 2018 (9) Scale 47 Crl.A. No. 844 of 2018 09-07-2018

Criminal P.C. 1973 - S.167(2) - On the expiry of the period stipulated, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in the completion of the investigation within the period stipulated and the accused is entitled to be released on bail, if he is prepared to and furnishes the bail as directed by the Magistrate. Achpal @ Ramswaroop v. State of Rajasthan, JT 2018 (9) SC 315 : 2018 (4) KLT 664 : 2018 (4) RCR (Criminal) 433 : 2018 (13) Scale 5 http://bit.ly/CrlA1218of2018 24-09-2018

Criminal P.C. 1973 - S.216 - Sessions Judge has ample power to alter / amend / add any charge. State of Haryana v. Rajesh Aggarwal, 2018 (3) ACC 926 : AIR 2018 SC 3998 : 2018 (3) Crimes 501 : JT 2018 (8) SC 145 : 2018 (10) Scale 11 : 2018 (7) SLT 349 http://bit.ly/CrlA2218of2011 20-08-2018

Criminal P.C. 1973 - S.378(3) - Application for grant of leave to appeal - High Court rejected it without assigning any reasons - Such casual approach of High Court, disapproved - Matter was remanded back to it for decision afresh on merits. State of Uttar Pradesh v. Anil Kumar @ Badka, AIR 2018 SC 4006 : 2018 (4) JLJR 28 : 2018 (4) PLJR 66 : 2018 (10) Scale 250 : (2018) 9 SCC 492 : 2018 (3) SCC (Cri) 766 Crl.A. No. 1094 of 2018 29-08-2018

Criminal P.C. 1973 - S.451 - Custody of Vehicle - Tata Hitachi Model EX 200 Hydraulic Excavator - Contractor engaged for the purpose of widening the National Highway - Demolished Government Building on direction from superior officers - Magistrate permitted release of the vehicle on producing a bank guarantee of the alleged loss caused to the Government building - Held, High Court was justified in holding that the bank guarantee for the alleged loss need not be insisted upon - Magistrate is directed to release the vehicle without insisting the condition regarding bank guarantee - Appeal is dismissed. State of Kerala v. A.A. Ali, JT 2018 (8) SC 186 : 2018 (4) RCR (Criminal) 112 Crl.A. No. 2100 of 2017 14-08-2018

Criminal P.C. 1973 - Second Complaint - the complainant came to know certain facts after the disposal of the first complaint - there is no bar to lodge second complaint. Om Prakash Singh v. State of Bihar, 2018 CriLJ 3909 : 2018 (3) PLJR 346 : 2018 (8) Scale 720 : 2018 (3) SCC (Cri) 749 Crl.A. No. 857 of 2018 11-07-2018

Criminal P.C. 1973 - Ss. 245 & 482 - Penal Code, 1860 - Ss. 498A, 323, 406, 379 & 504 - Discharge - Quashing. Nayan Prasad v. State of Bihar, AIR 2018 SC 4031 : 2018 (9) Scale 51 Crl.A. No. 1955 of 2009 20-07-2018

Criminal P.C. 1973 - Ss. 30, 31, 421, 427, 428 & 429 - Penal Code, 1860 - Ss. 63, 64, 364A, 395, 397 & 387 - Amount of fine - Sentence of imprisonment for non-payment of fine - Sentence of imprisonment in default of fine - Sentence in cases of conviction of several offences at one trial - Sentence on offender already sentenced for another offence - Period of detention undergone by the accused to be set off against the sentence or imprisonment - Punishment for organised crime - Discussed. Sharad Hiru Kolambe v. State of Maharashtra, AIR 2018 SC 4595 : 2018 (4) Crimes 159 : JT 2018 (9) SC 293 : 2018 (2) OLR 807 : 2018 (4) RCR (Criminal) 276 : 2018 (11) Scale 305 Crl.A. No. 1209 of 2018 20-09-2018

Criminal Procedure - Application for discharge has been dismissed - charges are yet to be framed - do not find any justification to interfere with the impugned order. It will be open to the appellant to take all available contentions at the appropriate stage - appeal is dismissed. Vishwambarrao Shankarrao Mane v. State of Maharashtra, 2018 (9) Scale 240 Crl.A. No. 1845 of 2008 12-07-2018

Criminal Procedure - It is not a case of arrest because of mere dissenting views expressed or difference in the political ideology of the named accused, but concerning their link with the members of the banned organisation and its activities. Romila Thapar v. Union of India, JT 2018 (10) SC 442 : 2018 (13) Scale 278 W.P. (Crl.) No. 260 of 2018 28-09-2018

Criminal Procedure - Order of acquittal was recorded by the trial court after a fullfledged trial - while so setting aside the acquittal the High Court should have given an opportunity of hearing. Krishan Kumar v. State of Rajasthan, Crl.A. No. 1088 of 2018 28-08-2018

Criminal Trial - Acquittal - Every acquittal in a criminal case has to be taken with some seriousness by the investigating and prosecuting authorities. Suresh v. State of Haryana, AIR 2018 SC 4046 : 2018 (3) JKJ 48 : 2018 (8) JT 383 : 2018 (6) SLT 662 Crl.A. No. 1445 of 2012 21-08-2018

Criminal Trial - All Legal Services Authorities / Committees in every State to extend the facility of video conferencing between the counsel on one hand and the accused or anybody in the know of the matter on the other in every criminal case wherever the accused is lodged in jail, so that the cause of justice is well served. Imtiyaz Ramzan Khan v. State of Maharashtra, 2018 All.M.R. (Cri.) 4469 : 2018 (4) JLJR 27 : JT 2018 (8) SC 36 : 2018 (4) PLJR 65 : 2018 (9) Scale 646 : (2018) 9 SCC 160 : 2018 (3) SCC (Cri) 721 http://bit.ly/SLP6740of2018 14-08-2018

Criminal Trial - Each criminal trial is but a quest for search of the truth. The duty of a judge presiding over a criminal trial is not merely to see that no innocent person is punished, but also to see that a guilty person does not escape. One is as important as the other. Both are public duties which the Judge has to perform. Shamim v. State of Delhi, AIR 2018 SC 4529 : 2018 (4) JLJR 122 : JT 2018 (9) SC 236 : 2018 (4) RCR (Criminal) 262 : 2018 (11) Scale 255 bit.ly/CrlA56of2018 19-08-2018

Criminal Trial - Extra judicial confession is a weak piece of evidence, which cannot form basis for conviction and unless supported by other substantive evidence. State of Karnataka v. P. Ravikumar @ Ravi, AIR 2018 SC 3993 : 2018 (11) Scale 5 : (2018) 9 SCC 614 : 2018 (3) SCC (Cri) 809 Crl.A. No. 1428 of 2013 16-08-2018

Criminal Trial - FIR is not an encyclopaedia which is expected to contain all the minute details of the prosecution case, it may be sufficient if the broad effects of the prosecution case are stated in the FIR. State of Madhya Pradesh v. Chhaakkilal, Crl.A. No. 21 of 2011 26-09-2018

Criminal Trial - Rape - Trial Court and the High Court have convicted the accused merely on conjectures and surmises. The Courts have come to the conclusion based on assumptions and not on legally acceptable evidence, but such assumptions were not well founded, inasmuch as such assumptions are not corroborated by any reliable evidence. Medical evidence does not support the case of the prosecution relating to offence of rape. Sham Singh v. State of Haryana, AIR 2018 SC 3976 : 2018 (2) ALD (Cri) 687 : JT 2018 (8) SC 258 : 2018 (10) Scale 119 : 2018 (6) SLT 607 Crl.A. No. 544 of 2018 21-08-2018

Criminal Trial - School Certificate - In each and every case the prosecution cannot be expected to examine the person who has admitted a student in the school. The school registers are the authentic documents being maintained in the official course, entitled to credence of much weight unless proved otherwise. State of Madhya Pradesh v. Preetam, AIR 2018 SC 4212 : 2018 (4) JLJR 24 : 2018 (4) PLJR 62 : 2018 (11) Scale 120 Crl.A. No. 2229 of 2011 29-08-2018

Criminal Trial - witness did not name the accused in the FIR - Naming of the accused subsequently in the court statement for the first time is certainly an improvement over the earlier statement and a material omission. The accused is therefore held entitled to acquittal on benefit of doubt, with regard to his presence at the time of occurrence. Amrish Rana v. State of Himachal Pradesh, AIR 2018 SC 4604 : JT 2018 (9) SC 410 : 2018 (13) Scale 571 Crl.A. No. 1232 of 2018 28-09-2018


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