121	Rathnaiah Vs. State of Karnataka	Coram: DR. ARIJIT PASAYAT, P. SATHASIVAM	11/03/2008	Penal Code, 1860; Ss.324 r/w s.34, 342 and 376: Non-reasoned order - Rape - Trial Court convicted accused and others for committing offence of rape, convicted and sentenced them accordingly - Affirmed by High Court reducing sentence against them e	Allowing the appeal, the Court HELD: The manner in which the appeal has been dealt with is not a correct way to deal with the appeal. No attempt appears to have been done by the High Court to appreciate the rival stand and to analyse the evidence	Click here to see Subject, Head Notes, Citation and Judgement
122	FATMA BIBI AHMED PATEL Vs. STATE OF GUJARAT & ANR.	Coram: S.B. SINHA, LOKESHWAR SINGH PANTA	13/05/2008	Penal Code, 1860; s.4/Code of Criminal Procedure, 1973; s.188: Intra-territorial offences - Applicability of Penal Code to - Jurisdiction of courts in India - Held: Accused is a citizen of Mauritus and has been in India on visas issued by India -	Allowing the appeal, the Court HELD: 1.1 In terms of S.4 of the Indian Penal Code, the Indian courts will have jurisdiction to try an accused only if the accused is a citizen of India even if the offence was committed outside India or by any perso	Click here to see Subject, Head Notes, Citation and Judgement
123	MAHILA VINOD KUMARI Vs. STATE OF M.P.	Coram: ARIJIT PASAYAT, P. SATHASIVAM	11/07/2008	Code of Criminal Procedure, 1973: ss. 340 & 344/Penal Code, 1960: s.376 Perjury - Petitioner lodging a report against two persons for committing rape - Resiled from statement made during investigation - Acquitting accused persons trial Court direc	Dismissing the petition, the Court HELD: 1. It is a settled position in law that so far as sexual offences are concerned, sanctity is attached to the statement of a victim. This Court, has, in several cases, held that the evidence of the prosecutr	Click here to see Subject, Head Notes, Citation and Judgement
124	PONNAM CHANDRAIAH Vs. STATE OF A.P. REP. BY PUBLIC PROSECUTOR	Coram: ARIJIT PASAYAT, P. SATHASIVAM	30/07/2008	Penal Code, 1860; Ss.147, 148, 149, S.302 r/w S.149; S.324-r/w. s.149 & s.448: Assault and murder - Accused, 16 in number, armed with weapons attacked the deceased and injured him - Deceased succumbed to injuries in hospital - F.I.R. - Investigati	Partly allowing the appeals, the Court HELD: 1.1 In regard to the interestedness of the witnesses for furthering the prosecution version, relationship is not a factor to affect the credibility of a witness. It is more often than not that a relatio	Click here to see Subject, Head Notes, Citation and Judgement
125	SUBODH S. SALASKAR Vs. JAYPRAKASH M. SHAH & ANR.	Coram: S.B. SINHA, CYRIAC JOSEPH	01/08/2008	Negotiable Instruments Act, 1881; Ss. 138 and 142 with proviso to clause (b) of s. 142 inserted by Amendment Act, 2002: Dishonour of Cheque - Delay in filing complaint - Held: - Ex-facie complaint was barred by limitation - However, no application	Allowing the appeal, the Court HELD: 1.1 Section 138 of the Negotiable Instruments Act provides a penal provision. The object of the Parliament in brining the same in the statute book is to create an atmosphere of faith and reliance in the banking	Click here to see Subject, Head Notes, Citation and Judgement
126	RAM TAWEKYA SHARMA Vs. STATE OF BIHAR & ORS.	Coram: ARIJIT PASAYAT, P. SATHASIVAM, AFTAB ALAM	21/08/2008	Bihar Police Manual; rr.828, 844, 845, 846 & 847: Commission of robbery by police constables - Pending criminal proceedings initiation of departmental proceedings against errant constables - Correctness of - Held: Accused employee informed about n	Dismissing the appeal, the Court HELD: Rules 845 and 847 of the Bihar Police Manual only relate to cases of conviction. It is significant to note that the appellant and the two other employees who were proceeded against in departmental proceeding	Click here to see Subject, Head Notes, Citation and Judgement
127	C.R. PATIL Vs. STATE OF GUJARAT AND ORS.	Coram: C.K. THAKKER, D.K. JAIN	03/10/2008	Criminal law: Prosecution for default in payment of dues - Arrest of appellant - Order releasing him on temporary bail on certain terms and conditions - One time settlement (OTS) between parties - In terms thereof, full payment made by appellant -	Partly allowing the appeals, the Court HELD: 1. The amount which was required to be paid by M/s AEPL has already been paid by the appellant under OTS. The Bank has, by its communication dated September 19, 2008 accepted the above fact. Again, th	Click here to see Subject, Head Notes, Citation and Judgement
128	BABLOO PASI Vs. STATE OF JHARKHAND & ANR.	Coram: C.K. THAKKER, D.K. JAIN	03/10/2008	Juvenile Justice (Care and Protection of Children) Act, 2000; Ss. 49, 53 and 54: S.53 r/w S.54 - Revisional Jurisdiction - Exercise of - Held: High Court, in exercise of its revisional jurisdiction, can not pass an order prejudicial to any pers	Allowing the appeal, the Court HELD: 1. The order of the High Court as also by the Board are unsustainable in law as well on facts. (Para-7) [170,D] 2.1 Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 confers on	Click here to see Subject, Head Notes, Citation and Judgement
129	GAJRAJ YADAV Vs. RAJENDRA SINGH @ DEENA & ORS.	Coram: ARIJIT PASAYAT, MUKUNDAKAM SHARMA	24/10/2008	Code of Criminal Procedure, 1973; S. 389: Suspension of sentence, pending appeal - Power of appellate Court - Held: It is necessary for the appellate Court to consider as to whether reasons existed justifying suspension of sentence - In the inst	Allowing the appeals, the Court HELD: 1.1. One of the essential ingredients of Section 389 is the requirement for the appellate Court to record reasons in writing for ordering suspension of execution of the sentence or order appealed against. I	Click here to see Subject, Head Notes, Citation and Judgement
130	RAMCHANDRA DHONDIBA KAWARE Vs. STATE OF MAHARASHTRA	Coram: ARIJIT PASAYAT, ASOK KUMAR GANGULY	27/01/2009	Indian Penal Code, 1860 S.302, 304 Part I - Eye-witness account believed by Trial Court - Conviction under s.302 ordered - Upheld by High Court - On appeal, Held: Considering the background facts appropriate conviction would be under s.304 Part	Partly allowing the appeal, the Court HELD:1. The evidence of PWs 1 and 4 does not suffer from any infirmity. PW-1 has categorically stated that he was awakened by the barking of dogs. He heard the sound of somebody being beaten. He saw the inci	Click here to see Subject, Head Notes, Citation and Judgement
131	STATE OF U.P. Vs. SHYAM BEHARI & ANR.	Coram: ARIJIT PASAYAT, D.K. JAIN, MUKUNDAKAM SHARMA	31/03/2009	INDIAN PENAL CODE, 1860: ss. 302/34 and 201/34 - Accused convicted by trial court on circumstantial evidence - Acquittal by High Court holding that the facts with regard to accused last seen with deceased and recovery of dead body not proved -	Dismissing the appeal, the Court HELD: 1.1. The circumstantial evidence, in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused. The circumstantial evidence shou	Click here to see Subject, Head Notes, Citation and Judgement
132	NINGAPPA YALLAPPA HOSAMANI & ORS. Vs. STATE OF KARNATAKA & ORS.	Coram: ARIJIT PASAYAT, ASOK KUMAR GANGULY	08/05/2009	Indian Penal Code, 1860 ss. 302/34 and 201/34 - Murder - Conviction based on circumstantial evidence - Held: Since dead body of victim recovered in furtherance of voluntary information furnished by the accused who were convicted by High Court f	Dismissing the appeals, the Court HELD: The prosecution has conclusively proved that accused Nos. 1, 2, 6 and 7 had disposed of the dead body of the deceased by putting it in a gunny bag and burying it at a place near the canal, which was detect	Click here to see Subject, Head Notes, Citation and Judgement
133	SUNDERLAL KANAIYALAL BHATIJA Vs. STATE OF MAHARASHTRA & ORS.	Coram: MUKUNDAKAM SHARMA, H.L. DATTU	31/03/2010	Evidence Act, 1872: s.25 - Confessional statement recorded in case relating to offences under the TADA Act would not be admissible in evidence against the accused in prosecution for offence other than those under the TADA Act - On facts, accused c	Dismissing the appeal, the Court HELD: 1.1. Section 25 of the Indian Evidence Act deals with the general provision regarding a confession made by an accused to a police officer. In terms of the Section 25 of the Indian Evidence Act, a confession	Click here to see Subject, Head Notes, Citation and Judgement