Criminal law

This tag is associated with 5 posts

Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = State of Rajasthan .. Appellant Versus Shambhu Kewat and Another .. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41024

Whether the high court can compound the offence under sec.307 I.P.C on compound of parties – Apex court held No = The  Sessions  Court,  after  hearing  the parties and  considering  the  oral  and  documentary  evidence,  found  the accused persons guilty of the offence  punishable  under  Section  307  read with Section 34 IPC, but acquitted them … Continue reading

No reduction of sentence =Rape is a non-compoundable offence and it is an offence against the society and is not a matter to be left for the parties to compromise and settle. Since the Court cannot always be assured that the consent given by the victim in compromising the case is a genuine consent, there is every chance that she might have been pressurized by the convicts or the trauma undergone by her all the years might have compelled her to opt for a compromise. In fact, accepting this proposition will put an additional burden on the victim. The accused may use all his influence to pressurize her for a compromise. So, in the interest of justice and to avoid unnecessary pressure/harassment to the victim, it would not be safe in considering the compromise arrived at between the parties in rape cases to be a ground for the Court to exercise the discretionary power under the proviso of Section 376(2) of IPC. 23) It is imperative to mention that the legislature through the Criminal Law (Amendment) Act, 2013 has deleted this proviso in the wake of increasing crimes against women. Though, the said amendment will not come in the way of exercising discretion in this case, on perusal of the above legislative provision and catena of cases on the issue, we feel that the present case fails to fall within the ambit of exceptional case where the Court shall use its extraordinary discretion to reduce the period of sentence than the minimum prescribed.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40699   REPORTABLE   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 CRIMINAL APPEAL NOS.1278-1279 OF 2013 (Arising out of S.L.P. (Crl.) Nos. 1011-1012 of 2012) Shimbhu and Anr. …. Appellant(s) Versus State of Haryana …. Respondent(s) 2   J U D G M E N T P.Sathasivam,CJI. 1) Leave granted. 2) … Continue reading

Criminal Law-Attempt to murder-Accused attempting to starve a person gradually to accelerate his death-Ingredients of the offence-Indian Penal Code (Act 45 of 1860), ss. 307, 308, 511. =B was married to the appellant in October, 1951, but their relations got strained by 1953. She was ill-treated and her health deteriorated due to maltreatment and under-nourish- ment. In 1956 she was deliberately starved and not allowed to leave the house in which they were living and only sometimes a morsel or so used to be thrown to her as alms are given to beggars. On June 5,1956, she managed to escape from the house and went to the Civil Hospital at Ludhiana. Her brother came down to Ludhiana on learning of the facts and made a complaint to the police. The doctor who attended on B sent a note to the police saying that she was seriously ill and might collapse any moment. The appellant was prosecuted for the offence of attempting to murder B under s. 307 Of the Indian Penal Code. The trial Court acquitted him but, on appeal, the High Court came to a finding, on the evidence, that the object of the appellant was to confine B and deprive her of regular food in pursuance of a scheme of regular starvation in order to accelerate her end, and convicted him under S. 307 Of the Indian Penal Code. On behalf of the appellant it was contended, inter alia, that whereas under S. 511 Of the Code for an Act to amount to the offence of attempting to commit an offence it need not be the last act and can be the first act towards the commission of the offence, under S. 307 it is the last act which, if effective to cause death, would constitute the offence of an attempt to commit murder, and that even if B had been deprived of food for a certain period, the act of so depriving her did not come under s. 307 as that act could not, by itself have caused her death, it being necessary for the period of starvation to continue for a longer period to cause death. Held, that a person commits an offence under s. 307 Of the Indian Penal Code when he has an intention to commit murder and in pursuance of that intention does an act towards its commission irrespective of the fact whether that act is the penultimate act or not. Abhayanand Mishra v. The State of Bihar, [1962] 2 S.C.R. 241, followed. Rex v. White, [1910] 2 K.B. 124, relied on. Queen v. Nidha, [1892] I.L.R. 14 All. 38 and Emperor v. Vasudeo Balwant Gogte, (1932) I.L.R. 56 BOM. 434, considered, 255 Jeetmal v. State, A.I.R. 1950 Madhya Bharat 21, disapproved. The word ‘act’ in S. 307 did not mean only a particular act of a person, but denoted, according to S. 33 Of the Code, as well, a series of acts. In the present case the course of conduct adopted by the appellant in regularly starving his wife B, comprised a series of acts which though they fell short of completing the series sufficient to kill her, came within the purview Of S. 307 Of the Indian Penal Code. The High Court was, therefore, right in convicting the appellant under that section.

PETITIONER: OM PARKASH Vs. RESPONDENT: THE STATE OF PUNJAB DATE OF JUDGMENT: 24/04/1961 BENCH: DAYAL, RAGHUBAR BENCH: DAYAL, RAGHUBAR SUBBARAO, K. CITATION: 1961 AIR 1782 1962 SCR (2) 254 CITATOR INFO : R 1965 SC 843 (6) ACT: Criminal Law-Attempt to murder-Accused attempting to starve a person gradually to accelerate his death-Ingredients of the offence-Indian … Continue reading

Insecticides Act,1968 -It is not disputed that on 30.10.1998, i.e. before the filing of the complaint, Annexure P-1, an application was filed by the manufacturer with a prayer that the complainant be directed to produce the sample in court and the sample may be got analysed from any Laboratory at the cost and expenses of the petitioner. Despite the prayer made in the application, neither the sample was produced in the court, nor was sent for re-testing. Under Sub-section (4) of Section 24 of the Insecticides Act, the court as its own discretion or at the request of the complainant or accused, can cause the sample of Insecticides produced before it to be sent for test or analysis to the Central Laboratory. Admittedly, the sample was not produced for re-analysis, at the request made on behalf of manufacturer, who was co-accused in the complaint and in this way, the petitioner was deprived of his valuable right to get the sample re-analysed. These very grounds prevailed upon the court at the time the complaint qua the manufacturer was quashed in Criminal Misc. No. 3737-M of 1994. Accordingly, the complaint against the petitioner too deserves to be quashed, being an abuse of process of the court.” In view of above settled position of law, entire exercise by the court in violation of accused right vested and conferred under section 24 (3) and (4) of the Act will be futile and fruitless yielding no result in favour of the prosecution. Concludingly, this 482 Cr.P.C. Application is allowed. Prosecution of applicants in case no. 1206 of 2005, State versus Satish Kumar Tyagi and others, under section 29(1) of Insecticides Act,1968 pending before C.J.M., Bijnor is hereby quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved AFR CRIMINAL MISC. APPLICATON NO.31053 OF 2009 Bharat Insecticides Ltd. and another…….Applicants. VERSUS State of U.P………………………………..Respondent. Hon’ble Vinod Prasad, J. Bharat Insecticides Ltd. through it’s Zonal Business Manager, Ghaziabad (A1) and it’s Assistant Manager, Manoj Kumar(A2) have invoked inherent power of this court, U/S 482 Cr.P.C., through present … Continue reading

The essence of the offence under Section 153-A of IPC is promoting enmity between different groups on grounds of religion, race, place of birth, residence etc. and doing acts prejudicial to maintenance of harmony. The acts constituting this offence are promoting such enmity or doing such prejudicial acts by words either spoken or written or by signs or by visible representations or otherwise. Thus, the emphasis is on the mode and the action by which attempt is made to promote on grounds of religion, race, place of birth , residence language, caste or community or any other ground whatsoever, disharmony or feelings of enmity or ill-will between different religious, racial, language or regional groups or castes or communities.

HON’BLE SRI JUSTICE VAMAN RAO CRIMINAL PETITION No.4665 OF 1999 04/02/2000 Mohd.Khlid Hussain. petitioner State of rep., by P.P., Hyderabad. respondent Counsel for the petitioner:Mr. Mohd. Osman Shaheed. Counsel for the Respondent:The Public Prosecutor. :ORDER: Heard both sides. This petition under section 482 of CrPC seeks quashing of the proceedings in Crime No.230 of 1997 … Continue reading

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