Rape – Consent & False Promise of Marriage

Comment : This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the intercourse on false promise of marriage, though upheld the version of ravishment against consent. Thus maintaining conviction for Rape and Cheating. With all due respect Don’t really countenance the line of […]

for a charge u/s 212 – knowledge of commission of offence sine qua non

Supreme Court of India Sanjeev Kumar vs State Of Himachal Pradesh on 22 January, 1999 Equivalent citations: AIR 1999 SC 782, 1999 (1) ALD Cri 322, 1999 CriLJ 1138 Author: G Pattanaik Bench: G P Shah ORDER G.B. Pattanaik, J. 1. These three appeals arise out of one Sessions Trial being Sessions Trial No. […]

Murder under Supposed Circumstances

Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea ? and not the latter one because when the person takes another to be dead and then hangs him up to potrray this as a suicide he has mens rea only […]

Murder v. Culpable Homicide – R v Govinda

Comment : The distinction drawn by Melville J. in this cause celebre, has been accepted. In a nutshell – as Culpable Homicide is the genus and murder is the species. Murder is culpable homicide + that extra mental element – more aggravated mens rea than CH. Bombay High Court Reg vs Govinda on 18 July, […]

Perusal of Defence testimony

Comment : defence witnessess cannot always be termed to be tainted one. defences witnesses are entitled to equal treatment and equal respect as that of the prosecution. The issue of credibility and the trustworthiness ought also to be attributed to the defence witnesses at par with that of prosecution Supreme Court of India State Of […]

Appraisal of Testimony of Child Witness

Comment : Allahabad High Court Panchhi And Ors. vs State Of U.P. on 17 February, 1998 Equivalent citations: 1998 CriLJ 3305 Author: K Shahi Bench: G Mathur, K Shahi JUDGMENT K.D. Shahi, J. 1. Appellants Panchhi, Manmohan and Smt. Ram Shree have preferred this appeal against their conviction under Section 302 read with Section 34 […]