Extra-Judicial Confession Obtained Through Coercion Inadmissible As Evidence: Jharkhand HC Acquits Man In 15 Yrs Old Murder & Unnatural Offence Case

The Jharkhand High Court has acquitted a man booked in 2009 for committing unnatural sex and murder of a 10 years old boy, while ruling that his extra-judicial confession obtained through coercion is inadmissible as evidence.The Division Bench of Justices Subhash Chand and Ananda Sen noted, “The extra judicial confession being not voluntary and was the result of coercion cannot be admissible...

[S.302 IPC] Non-Submission Of Murder Weapon For Forensic Examination Not Fatal To Prosecution Case When Direct Evidence Available: Jharkhand High Court

The Jharakhand High Court has upheld a life imprisonment sentence handed to a man by the Additional Sessions Judge-III, Dumka, in a murder case under Section 302 of the Indian Penal Code while observing that in cases with direct evidence, the absence of the weapon used in the crime or its forensic examination does not undermine the prosecution's case.The Division Bench of Justices Subhash...

On Inconsistency Between Multiple Dying Declarations, Statement Recorded By Magistrate Or Higher Official Can Be Relied Upon: Jharkhand HC

The Jharkhand High Court has reiterated the importance of dying declarations in criminal cases, emphasising that if there are inconsistencies between multiple dying declarations, the statement recorded before a Magistrate or higher official holds weightage.The Division Bench of Justice Ananda Sen and Justice Subhash Chand made this observation while hearing an appeal challenging a verdict...

Jharkhand High Court Dismisses JUVNL's Appeal, Upholds Sole Arbitrator Appointment In Dispute With M/s Rites

The Jharkhand High Court has dismissed the appeal filed by Jharkhand Urja Vikas Nigam Limited (JUVNL) challenging the writ court's order to appoint a sole arbitrator in its dispute with M/s Rites.The Court emphasized that it is the High Court's duty to reject petitions or defenses based on purely technical grounds aimed at gaining an unfair advantage.The Division Bench, comprising Acting...

Vehicles Seized By Police Not To Be Kept Under Open Sky At Police Stations Unless Essential For Investigation: Jharkhand High Court Reiterates

The Jharkhand High Court has reiterated that vehicles seized in connection with police cases need not be kept under open sky at police stations unless their presence is required for investigation purposes. Justice Anil Kumar Choudhary, presiding over the case, emphasised this principle while addressing a petition concerning a seized motorcycle.“Having heard the submissions made at the Bar...

Conviction Cannot Be Based Solely On Recovery Of Murder Weapon; Corroborative Evidence Needed To Establish Guilt: Jharkhand High Court

The Jharkhand High Court has acquitted a man convicted of murder, ruling that a conviction cannot be based solely on the recovery of the murder weapon. The Court emphasised the necessity of corroborative evidence to establish guilt beyond reasonable doubt.The division bench comprising Justices Ananda Sen and Subhash Chand observed, “In our opinion a conviction cannot be based solely on...

'Constitutional And Fundamental Right Of An Employee To Receive Retiral Benefits, If There Are No Legal Impediments': Jharkhand High Court

The Jharkhand High Court has ruled that pensionary benefits are a constitutional and fundamental right of employees, not a discretionary bounty of authorities. The Court expressed bewilderment at the withholding of retiral benefits from an employee whose dismissal order had been quashed by the appellate authority without any appeal or revision from the Department.Justice SN Pathak presiding...

Conviction Can Be Maintained On Basis Of Evidence Tendered By Police Personnel Who Are Also Victim Of Crime: Jharkhand High Court

The Jharkhand High Court has ruled that convictions can be maintained based on the evidence provided by police personnel, even if they are victims of the crime. Justice Pradeep Kumar Srivastava presiding over the case observed, “...the plea of petitioners about non examination of any independent witness cannot be sustained and there is no requirement of law that conviction cannot be...

Jharkhand High Court Reports 138.41% Average Clearance Rate In First Quadrimester Of 2024, Reduces Case Pendency By 6.11%

The Jharkhand High Court has reported a significant increase in its case disposal rates during the first quadrimester of 2024. The data reveals that the court achieved an average clearance rate of 138.41%, which has resulted in a notable reduction in case pendency.As of January 1, 2024, the total number of pending cases stood at 85,593, comprising 38,445 civil cases and 47,148 criminal cases....

[S. 100 CPC] Court May Formulate Substantial Question Of Law Even Though Same Hasn't Been Formulated In Memorandum Of Second Appeal: Jharkhand High Court

The Jharkhand High Court has observed that under Section 100 of the Code of Civil Procedure, the Court is empowered to formulate any substantial question of law that arises between the parties, even if it was not included in the memorandum of the Second Appeal. “Under section 100 of the Code of Civil Procedure, the Court may formulate any substantial question of law which arises between...

Bail Once Granted To Accused Can't Be Cancelled Unless He Violates Bail Conditions Or Impedes Fair Trial: Jharkhand High Court

In a recent ruling, the Jharkhand High Court emphasized that bail once granted to an accused cannot be cancelled solely based on non-compliance with the terms of a compromise agreement. Justice Anil Kumar Choudhary, presiding over the case, reiterated that bail can only be revoked if the accused violates the conditions of bail or impedes a fair trial.Justice Anil Kumar Choudhary,...

No Bar In Law In Examining An Inimical, Interested Or Related Witness By A Party To Support His Case: Jharkhand High Court

The Jharkhand High Court has observed that there is no bar in law in examining an inimical, interested, or related witness by a party to support his case. A witness may be closely related to the victim or inimical to the accused but on that ground, his testimony cannot be treated as tainted, the Court said.The division bench comprising Acting Chief Justice Shree Chandrashekhar and Justice...