IN RE. -AN UNFORTUNATE INCIDENT IN UNNAO OF RAPE AND MURDER PUBLISHED IN VARIOUS NEWSPAPERS VS State of U. P. - 13 Apr 18
(A) Criminal Procedure Code, 1973—Sections 41, 42—(Indian) Penal Code, 1860—Sections 363, 366, 376-D—Protection of Children from Sexual Offences Act, 2012—Sections 3, 4—Rape—Arrest—Police not arresting accused on pretext that no arrest to be effected merely on basis of FIR—and stating that after recording statements of witness including accused and prosecutrix under Section 161 Cr.P.C. IO will decide whether arrest is necessary—Procedure unknown to criminal jurisprudence—Further such procedure not being followed by Investigating Agency in State of Uttar Pradesh in all such cases—Bonafide of police officer doubtful—Accused directed to be arrested. [Paras 18, 19 and 21](B) Delhi Special Police Establishment Act, 1946—Sections 5, 6—Investigation—Direction to CBI—Can be given by writ Court even in absence of consent of State—However such extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes nec...
India - Allahabad
State of Jharkhand VS Raju Singh - 08 Feb 16
Indian Penal Code, 1860---Sections 376(2)(g), 302 and 201---Gang rape and murder of minor girl---Death sentence—Conviction based on last seen theory—Victim in lonely place was picked up and after rape strangulated to death—Conviction affirmed—However, death sentence converted into life term keeping in view mitigating factors like young age of accused and absence of any serious criminal antecedent.
India - Jharkhand
Jeevan Joy, S/o. Joy VS State Of Kerala - 27 Oct 20
An offence is not compoundable under Section 320 of the Cr.P.C. by itself is no reason for the High Court to refuse exercise of its powers under Section 482 of the Cr.P.C.
India - Kerala
R VS Lichniak - 25 Nov 02
Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.
India - Supreme Court
Hirdesh Sahu VS State of Madhya Pradesh - 24 Jun 21
Strict compliance of Section 309 of Cr.P.C. should be ensured by Trial Judges, specially in sensitive cases like murder, abduction and rape.
India - Crimes
Laxman Naik VS State of Orissa - 22 Feb 94
(i) Indian Penal Code, 1860 - Sections 302 and 376 - Conviction under - Appeal. Offence of committing rape and soon after murder of the victim in a forest - Accused is an agnate and paternal uncle of the deceased, a girl of 7 years of age - No eye-witness - Only circumstantial evidence - Death due to asphyxia by throttling - Medical evidence revealing forcible sexual assault just before her death - Accused absconded and could be apprehended only after about 14 months - On the day of occurrence the accused had commanded the deceased to accompany him to the village. Misrepresentation and intentional false statement of the accused as to the whereabouts of the deceased - Dead body recovered from a jungle. One underwear stained with blood belonging to the accused was lying near the dead body - Seizure of wearing apparels of the deceased completely smeared with blood - Serious bleeding injury in her. private part - Circumstances established are of exclusive nature consistent only with the hy...
India - Crimes
VIRENDRA VS STATE OF U. P. - 30 Apr 14
Juvenile Justice (Care and Protection of Children) Act, 2000—Section 12—(Indian) Penal Code, 1860—Sections 376 and 302—Juvenile Justice Act, 1986—Section 18(1)—Bail—Juvenile—Rejection of—In view of Act, 2000 exposure of juvenile to moral, physical and psychological danger made a ground to refuse bail—Bail can also be refused on ground that release would defeat ends of justice—Rape cannot be treated to be an act—Which can be dubbed as a child’s mistake committed during youthhood/adolescence—It is an act motivated with passion to ravish somebody’s modesty—Ends of justice not defined under the Act—But anything that militates against justice would result in defeating ends of justice—Consequently, offence like rape with child followed by murder, anti-national/sedition—Section 12 not interpreted in a manner so as to give advantage to only juvenile in conflict with law—Impugned order upheld. [Paras 13, 17, 22, 23 and 29]
India - Allahabad
State of Rajasthan VS Kalu Ram - 09 Apr 14
A. Indian Penal Code, 1860 Sections 363, 364, 376(2)(f), 302 and 201 The Facts that the dead body, weapon which had blood on it and clothes were found in the house of accused and also that the accused and deceased were seen together last have not been explained by the accused to disprove his guilt – Conviction is upheld – Appeal is not permitted. B. Indian Penal Code, 1860 Sections 363, 364, 376(2)(f), 302 and 201It has been held that the act of the accused comes under the category of the rarest of rare crimes which deserves death sentence – The accused is a tantrik and he committed rape and killed the victim cruel without any kind of provocation – Sentence of Death is correct and appropriate.
India - Rajasthan
ATMARAM VS STATE OF MAHARASHTRA - 20 Mar 19
Indian Penal Code, 1860 – Sections 376,376(G) - Prisons Act, 1894 - Section 59 - Challenge - Petitioner that to challenge aforesaid order he had filed Criminal Writ Petition No. and in that petition when defence was taken by Respondent, State that as per Government Resolution such convict is not entitled to get furlough leave Court had held that as application was filed on 12th April, 2018, subsequent Government Resolution could not have been used against him - It is contended that when aforesaid order was quashed and set aside and matter was remanded back, the application came to be rejected on same ground on 15th December, 2018 and so he is required to file present proceeding -Whether due to circumstance that prior to date of notification of 16th April, 2018 application for furlough leave was made by Petitioner, he is entitled to get furlough leave. - Whether due to circumstance like in past when on same ground furlough leave was rejected, this Court had set aside that order and had ...
India - Maharashtra
SANTOSH RAI VS STATE OF U. P. - 04 Feb 16
(Indian) Penal Code, 1860—Sections 302/34, 201, 316 and 376—Rape—Conviction—Deceased was not seen in company of appellants before rape and murder but deceased visited at house of one of appellant ‘K’ and other appellants visited his house but on fateful day, deceased, appellant and all four appellants were found missing and subsequently appellants were seen with dead-body of deceased and tried to escape place but apprehended by witnesses—Prosecution proved case beyond reasonable doubt—Rape was committed by all appellants and all were involved in committing murder. [Paras 19, 23, 26 and 29]Result; Appeals Dismissed.
India - Allahabad