Saturday, 3 May 2025

Conviction under pre-amendment SC/ST Act S. 3(2)(v) requires proof that the victim’s caste identity was a ground for the offence, not merely known.

 RAJU @ UMAKANT

Vs.

THE STATE OF MADHYA PRADESH

( Before : Sanjay Karol and K. V. Viswanathan, JJ. )

Criminal Appeal No…..of 2025 (@ Special Leave Petition (Criminal) No. 17398 of 2024)

Decided on : 01-05-2025


Penal Code, 1860 — Sections 366, 376(2)(g), 342 — Evidence Act, 1872 — Section 114A — Rape — Testimony of Prosecutrix — Corroboration — The testimony of a prosecutrix in a sexual assault case, if found to be credible, consistent, and confidence-inspiring despite minor contradictions or variations from initial reports, is sufficient for conviction without corroboration — A victim of sexual assault is not an accomplice, and her evidence should be evaluated keeping in mind she is an interested witness, but trustworthiness remains the primary test — The statutory presumption under S. 114A of the Evidence Act regarding absence of consent applies where the prosecutrix deposes she did not consent.

Friday, 2 May 2025

Abetment of suicide (Sec 306 IPC) requires proof of direct/indirect proximate instigation; remote harassment allegations alone insufficient, justifying quashing under 482 CrPC as abuse of process.

 SHENBAGAVALLI AND OTHERS

Vs.

THE INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT AND ANOTHER

( Before : Abhay S. Oka and Augustine George Masih, JJ. )

Criminal Appeal No. 4268 of 2024 and Criminal Appeal No. 4269 of 2024

Decided on : 30-04-2025


Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — To constitute an offence under Section 306 IPC, the essential ingredients of abetment as defined under Section 107 IPC must be established — There must be proof of a direct or indirect positive act of incitement to the commission of suicide by the accused, reflecting a mens rea to instigate or aid the deceased to end their life

Payments by an importer to an Indian agent of a foreign supplier, if contractually stipulated as a condition of sale, are includible in customs assessable value under CVR 9(1)(e).

 M/S. COAL INDIA LIMITED

Vs.

COMMISSIONER OF CUSTOMS (PORT), CUSTOMS HOUSE, KOLKATA

( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )

Civil Appeal No. 8028 of 2010

Decided on : 01-05-2025


A. Customs Act, 1962 — Section 14 — Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 — Rule 9(1)(e) — Assessable Value — Payments to Third Party (Indian Agent) — Payments made by an importer (Appellant) to an Indian agent/distributor (M/s Voltas Ltd.) of a foreign supplier, stipulated as a percentage of the FOB value and payable in addition to the price paid to the foreign supplier, are includible in the assessable value of the imported goods under Rule 9(1)(e) of the Customs Valuation Rules, 1988, when such payment is found to be a condition of sale of the imported goods.