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Thursday, April 14, 2011

Section 188 of Cr.P.C. reads as follows: Offence committed outside India: When an offence is committed outside India--- a) by a citizen of India, whether on the high seas or elsewhere; or b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

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THE HON'BLE MR. JUSTICE RAJA ELANGO       CRIMINAL PETITION Nos.2976 of 2009 and 4921 of 2010   01-03-2011 Crl.P.No.2976 of 2009 ...
Tuesday, April 5, 2011

The trial court on the basis of evidence found that the pronote and receipt were executed by the defendant in favour of the plaintiff. However, the trial court rejected the plaintiff's claim by holding that the said documents were not duly stamped as required under the provisions of Indian Stamps Act. It was found by the trial court that the stamps which were affixed on the pronote were removed from another document and affixed on the said pronote.

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                                                              REPORTABLE                   IN THE SUPREME COURT OF INDIA             ...

In the present case, the facts are that Rathnamma herself stated in her evidence that she had sex with the appellant on several occasions. It is also an admitted fact that the FIR against the appellant was lodged just a few days before the birth of Rathnamma's child, which means there is delay of over 8 months in lodging the FIR. The finding of the trial court, which has not been disturbed by the High Court, is that Rathnamma was about 18 years of age at the relevant time. On these facts a view is reasonably possible that Rathnamma had sex with the appellant with her consent and hence there was 5 no offence under Section 376 IPC because sex with a woman above 16 years of age with her consent is not rape. 14. For the reasons given above, the appeal is allowed. The impugned judgment and order of the High court is set aside 15. Apart from the above, the appellant has stated in an affidavit filed in this Court that he has agreed to transfer two acres of land situated in Palavanahalli due to breach of promise to marry Rathnamma and she has given her consent to accept the same. 16. The appellant is directed to give/transfer two acres of land as stated in the affidavit filed before Court to Rathnamma within three months from the date of this judgment.

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Saturday, April 2, 2011

the present case did not fall under the category of the rarest of the rare cases in the light of the fact that the appellant was a young man of 28 years on the date of the incident and that the offence had been committed by him (as per the prosecution story) while he was in an inebriated condition and after a quarrel with his wife. We cannot also ignore the fact that he was a rickshaw puller and a migrant in Chandigarh with the attendant psychological and economic pressures that so often overtake and overwhelm such persons. Village Kishangarh is a part of the Union Territory of Chandigarh and a stone throw from its elite Sectors that house the Governors of Punjab and Haryana, the Golf Club, and some of the cities most important and opulent citizens. It goes without saying that most such neighbourhoods are often the most unfriendly and indifferent to each others needs. Little wonder his frustrations apparently came to the fore leading to the horrendous incident. Nevertheless keeping in view the overall picture and in the light of what has been mentioned above, we feel that the ends of justice would be met if the -5- appeal is allowed to the extent that the death sentence is substituted by a term of life imprisonment. We accordingly dismiss the appeals but commute the sentence from death to life.

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                                                 REPORTABLE                    IN THE SUPREME COURT OF  INDIA                          C...

The plea, of the appellants, that Rami Reddy's family from the second wife and the testator's family was a composite family and the properties were joint family properties of the plaintiffs and the defendants, has not been accepted by the trial court as well as High Court. We have no justifiable reason to take a different view on this aspect. 23 40. Importantly, Rami Reddy during his life time - although he survived for about 19 years after the death of the testator - never claimed any legacy under the subject will. 41. All in all, on the construction of the will and, in the circumstances, it must be held, and we hold that no legacy came to be vested in Rami Reddy and he did not become entitled to any interest in the estate of the testator and, therefore, the plaintiffs did not acquire any right, title or interest in the properties of Bijivemula Subba Reddy. 42. In view of the above, the challenge to the findings of the High Court on the plea of adverse possession set up by the defendants and the genuineness of the will executed by Pitchamma in 1953 pale into significance and needs no consideration.

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