Penal Code, 1860 – Ss. 100 & 302 – Murder – Right of Private Defence – Mitigating & Aggravating Circumstances – When the right of private defence of the body extends to causing death – the right should not extend to inflicting more harm than it is necessary to inflict for the purpose of defence.
Penal Code 1860
Penal Code, 1860 – Ss. 302 & 201 – The plight of migrant workers is such, that any crime against one, is invariably saddled on another and the investigation proceeds in a preconceived manner assuming that the Courts would only convict.
Penal Code, 1860 – Ss. 450, 302 & 201 – Wife of accused who deserted some days before the incident to live with the deceased, clearly indicate the grudge of the accused against the victim and thus establishes the motive for crime. 2021 (4) KCC 195
Penal Code, 1860 – S. 302 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – S.3(2)(v) – When public opinion influences an investigation its very course gets diverted with exasperating results. A tribal woman was murdered and the suspect was her confidant who was from the same community. The community rose in arms against the implication of their own and the Police removed him from the array of suspects and proceeded against the two other suspects from a different community with a higher caste status. 2021 (4) KCC 198
Penal Code, 1860 – Ss. 302 r/w. 32 – Merely for reason that an accused was present in the place of occurrence at the time of commission of the offence, it cannot be concluded that they were sharing a common intention – Mere presence of an accused by itself will not attract the rigour of Section 34. 2021 (4) KCC 223
Penal Code, 1860 – Section 395 – Robbery of Hawala Money – the instant writ petition, filed without ascertaining the truth, and the factum of change of investigation, to be done by the SIT, is liable to be dismissed with costs. 2021 (4) KCC 71 : 2021 (4) KHC 484
Penal Code, 1860 – S. 376 (2)(i) & (n) – Protection of Children from Sexual Offences Act, 2012 – S. 5 (f) & (l) r/w. 6 – Allegation of a teacher in a Sunday School, where moral and religious education is imparted, having committed repeated rape on his student, a minor child – It is moral depravity of the worst kind when teachers stoop down to the level of lecherous deviants to molest their students – We can only look up to the Good Lord and lament: ‘Heaven forbid’. 2021 (4) KCC 165 : 2021 (4) KLT 480
Penal Code, 1860 – S.302 – Circumstantial Evidence – An unidentified corpse was seen floating in a sack and the police deduced the circumstances, which after investigation, were sought to be established by the evidence led before the trial Court. The established circumstances fail to impress the Court in bringing home the guilt of the accused. 2021 (4) KCC 229
Criminal Justice System – Pliable and prevaricating witnesses question the credibility of the criminal judicial system and test the skill of adjudicators and stretch their patience to breaking point. An inept prosecution and an equally abject defense does not serve the cause of justice delivery; which problems are at times compounded by an indifferent Court. 2021 (4) KCC 201