Latest news with #CriminalProcedureCode
India Today
12 hours ago
- India Today
Delhi court to decide on CBI closure report in Najeeb Ahmed case on June 30
Delhi's Rouse Avenue Court will pronounce its order on the Central Bureau of Investigation's (CBI) closure report concerning the disappearance of Jawaharlal Nehru University (JNU) student Najeeb Ahmed on June 30, when it will decide on both CBI's closure report, and the petition filed by Ahmed's Mother against CBI's decision to close the decision follows the court's request for further clarifications from the prosecution regarding specific aspects of the the hearing on Thursday, the court sought details about the proctorial inquiry conducted by JNU after the incident on October 14, 2016, which involved an alleged altercation between Ahmed and members of the Akhil Bharatiya Vidyarthi Parishad (ABVP). It also sought information on the statements of doctors recorded under Section 161 of the Criminal Procedure Code (CrPC). The public prosecutor appearing on behalf of the CBI informed the court that one of the doctors had been treating Ahmed for court also provided the Investigating Officer with relevant files and asked for details on the other statements recorded during the investigation. Considering the clarifications made by the CBI, the court decided to re-notify the matter for orders on June Ahmed, a 27-year-old first-year MSc Biotechnology student at JNU, went missing on October 15, 2016, following an alleged scuffle with ABVP members the previous extensive investigations by the Delhi Police and later by the CBI, Ahmed's whereabouts still remain unknown. In 2018, a closure report was filed by the CBI, stating that no evidence had been found to suggest any criminal activity related to Ahmed's Reel
Hindustan Times
14 hours ago
- Hindustan Times
Courts can't enhance sentence in appeal by accused, SC rules
A person who challenges their conviction cannot be punished more harshly in return, the Supreme Court has ruled, holding that a court cannot enhance a sentence in an appeal filed by the accused unless the prosecution or complainant has independently sought a stiffer jail term. The ruling reinforces a key safeguard in criminal jurisprudence that the right to appeal should not carry the risk of harsher punishment, leaving an accused worse off, and that courts cannot exercise revisional powers on its own motion to increase punishment without a formal challenge. A bench of justices BV Nagarathna and Satish Chandra Sharma, in a judgment on Wednesday, clarified the limits of appellate powers, underlining that enhancing the sentence in an appeal filed solely by the accused would amount to penalising a person for exercising their statutory and constitutional right to appeal. 'The appellate court, in an appeal filed by the accused, cannot while maintaining the conviction enhance the when no appeal or revision has been filed either by the State, victim or complainant for seeking enhancement of sentence,' said the bench, setting aside the conviction and five-year sentence imposed on a man for abetment to suicide. The ruling came in a case from Tamil Nadu, where a man convicted by a trial court for offences under Sections 354 (assault or criminal force to outrage modesty) and 448 (house trespass) of the Indian Penal Code had approached the Madras high court seeking relief. However, the high court not only upheld his conviction on those counts but also convicted him under Section 306 (abetment to suicide) -- a charge on which he had been acquitted at trial -- and sentenced him to five years' rigorous imprisonment in September 2021. This was done even though neither the state, victim, nor complainant had challenged the trial court's acquittal on the abetment charge. Calling this action unsustainable in law, the bench emphasised the core principle that 'no appellant by filing an appeal can be worse-off than what he was.' In a detailed judgment, the top court underscored that the right of appeal is not just statutory, but 'also a constitutional right in the case of an accused.' 'That a right of appeal is an invaluable right, particularly for an accused who cannot be condemned eternally by a trial judge, without having a right to seek a re-look of the Trial Court's judgment by a superior or appellate court,' it said. The bench added that an appellate court has limited options in such cases – it may acquit the accused, order a retrial, reduce the sentence, or dismiss the appeal. But it cannot exercise powers of revision to enhance punishment, held the court. 'In an appeal filed only by the accused/convict, the high court cannot suo motu exercise its revisional jurisdiction and enhance the sentence against the accused while maintaining the conviction,' it declared. The court also pointed to Section 386(b)(iii) of the Criminal Procedure Code (CrPC), which explicitly states that an appellate court may alter a sentence 'but not so as to enhance the same' unless a separate appeal for enhancement has been filed by the state, complainant, or victim. The bench took exception to the high court's invocation of suo motu revisional powers in a scenario where no party had sought enhancement or appealed the acquittal on the abetment charge. It proceeded to set aside the conviction under Section 306 and restored the sessions court's 2015 judgment, limited to the conviction under the other two charges.
The Star
15 hours ago
- Business
- The Star
Ilham Tower seized again by MACC
PETALING JAYA: The iconic Ilham Tower (pic) has been seized again by the Malaysian Anti-Corruption Commission (MACC) – this time under a different Act. The anti-graft body did so after receiving legal authorisation for the seizure from the deputy public prosecutor's office. The tower, owned by the family of the late former finance minister Tun Daim Zainuddin, whose widow Toh Puan Na'imah Abdul Khalid is facing charges in court, had been seized in 2023 but the order expired recently. With the new order, all dealings related to the 274m-tall tower's transfer of ownership will be prohibited. The MACC said it had ordered the immediate seizure of the 60-storey skyscraper under Section 51(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001. 'Through a notice of seizure of immovable property under the section on June 4, the authorisation for seizure was granted pursuant to the powers conferred upon the Public Prosecutor under Section 376(3) of the Criminal Procedure Code (Act 593). 'This means the deputy public prosecutor is satisfied with the information provided by the MACC related to an offence under subsection 4(1) of the AMLATFPUAA 2001 for this case,' it said in a statement yesterday. The tower was originally seized by the MACC in December 2023 due to an offence under the MACC Act 2009. That seizure order expired after 18 months. The seizure is believed to be part of an anti-money laundering probe that started in late May this year over a RM2.3bil (US$500mil) corporate transaction in November 1997 involving public-listed Renong Bhd and United Engineers Malaysia Bhd (UEM), both Umno-linked entities. Meanwhile, lawyers for Na'imah has issued a statement, labelling the seizure as 'pure harassment'. 'The same building has already been seized by the MACC and yet, is now being seized again. 'In short, they want to keep seizing our client's property even though there is no evidence of corruption. 'We will, on behalf of our client, challenge the seizure of Ilham Tower in court immediately,' said lawyers Rajesh Nagarajan and Sachpreetraj Singh Sohanpal. On May 22, MACC chief commissioner Tan Sri Azam Baki said eight investigation papers had been opened into the assets owned by Daim, his family and proxies, which had not been declared to the MACC during the initial 2023 investigation. On Wednesday, the High Court allowed an application by the MACC to freeze £132mil worth of assets in London that were also allegedly linked to Na'imah and her family.
Express Tribune
17 hours ago
- Express Tribune
Hafizabad gang-rape prime suspect killed in encounter
A key suspect in a gang-rape case was killed in an alleged police encounter near Jorian in the Mangat Uncha area, while three of his accomplices managed to flee, according to officials from the Crime Control Department (CCD). The CCD stated that the operation was conducted based on intelligence reports about the presence of suspects linked to a recent gang-rape incident. During the raid, the suspects reportedly opened fire on law enforcement officers from inside a building. Police retaliated in self-defence, and during the exchange of gunfire, one suspect, identified as Khawar, was fatally shotallegedly by bullets fired by his own accomplices during the crossfire. The remaining three suspects escaped and are currently being sought in an ongoing manhunt. Police sources revealed that Khawar, along with his associates Ikraam Mangat, Laeeq and Chand, had allegedly abducted a husband and wife at gunpoint and subjected them to sexual assault. The suspects reportedly forced the couple to engage in intercourse while filming the incident. The video was later shared online, sparking widespread outrage. The incident prompted swift action from District Police Officer (DPO) Atif Nazir, who ordered an immediate investigation and crackdown on the accused. Authorities confirmed that efforts are underway to apprehend the remaining suspects and that further legal proceedings will follow. Earlier on Wednesday, the female complainant in a gang-rape case that took place in Mangat Uncha on April 25, recorded her statement under Section 164 of the Criminal Procedure Code before Civil Judge and Area Magistrate Ali Naqi Tipu, detailing the events involving abduction and assault. Over a month after the incident of gang-rape and forced sexual abuse, police registered a First Information Report (FIR) on June 3. The incident involved three armed men who allegedly gang-raped a woman in front of her husband at gunpoint, while one of the suspects recorded the assault on video. The case gained renewed urgency after the explicit footage surfaced on social media.
Time of India
20 hours ago
- Time of India
Enough proof to show Taware's involvement in blood test manipulation in Porsche case: Prosecution to court
Pune: There is sufficient evidence relating to criminal conspiracy to prove the involvement of Dr Ajay Taware, suspended head of Sassoon General Hospital's forensic science department, in the Porsche Taycan car crash case, the prosecution told a special court on Thursday. Tired of too many ads? go ad free now Taware is facing the charge of influencing suspended casualty medical officer Dr Shrihari Halnor and suspended mortuary staffer Atul Ghatkamble to swap the blood samples of the teenager involved in the accident on May 19, 2024, and his two friends. Opposing Taware's discharge plea, special public prosecutor Shishir Hiray argued that the doctor claimed he was on leave on the day of the incident, but an examination of his call detail records showed that he was in touch with the suspended employees and influenced them to manipulate the blood alcohol tests of the three at the behest of their parents. Hiray submitted that witnesses gave statements and recorded confessional statements under section 164 of the Criminal Procedure Code (CrPC) before a magisterial court and these showed that Taware played a key role in the conspiracy. On the claims made by Taware that his arrest was illegal, the prosecution said that the chargesheet, remand reports, and case diary showed that he was communicated the reasons behind his arrest in writing and that his signature was also obtained on the arrest memo. The investigating officer, at the time of arresting the doctor, complied with the mandatory provisions of CrPC, he said. Judge K P Kshirsagar posted the hearing on June 10 when Taware's lawyer will argue the matter. Taware was also arrested in the kidney swab transplant case on May 28, the prosecutor told the court, adding that the state health department and Sassoon hospital received complaints against him.
