Comments : In this case the court held that even though no specific charge u/s 306 is framed - the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed. Supreme Court of IndiaK. Prema S. Rao And Anr. vs Yadla Srinivasa Rao And Ors. on 25 October, 2002Equivalent citations: AIR 2003 … Continue reading Conviction u/s 306 IPC in absence of a charge to the effect.
Comment : In this case of unnatural death of a DIL - notwithstanding failure of prosecution to bring home offences 302/306/304B against the accused - convicted the FIL u/s 202 for failure to inform the police - intentional ommission to give information having reason to believe that an offence is committed. Supreme Court of IndiaBhagwan Swarup And … Continue reading Father in law convicted u/s 202 for failure to inform the authorities as to DIL’s suicide
Comment : J.Krishna Iyer at his eloquent best, commences with "when law of crimes rebels against social justice and leans towards narrow legalism - it becomes crime of laws and not law of crimes" Supreme Court of IndiaNarotam Singh vs State Of Punjab And Anr. on 11 January, 1978Equivalent citations: AIR 1978 SC 1542, 1978 CriLJ … Continue reading Narotam Singh v. State of Punjab
Comment : In a nutshell - the court was faced with the preposition whether 'wife' in S.498A means only a legally wedded wife ? Does it include a woman who has been living with a man for many years - husband potraying her as wife and society taking them to be so ? Does it fall … Continue reading Reema Aggarwal v. Anupam – Supreme Court on ‘wife’
COMMENT : In this decision the court was once again faced with the baffling preposition as to whether DNA tests should be allowed to ascertain the paternity of a child ?, In what cases ? What about S.112 evidence Act, which in a nutshell says any child born during a marriage or 280 days after … Continue reading Supreme Court on DNA Testing…