Soumya Kundu

Soumya Kundu

Member since: June 16, 2024
Total live articles: 21

Recent Articles by Soumya Kundu

Statement Of Accused: Witness Contradictions and Legal Dilemmas:

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Recovery occurred long after the arrest of the accused. The bloodstains on the article had already disintegrated, making it impossible to determine whether they were human blood or not. The dec...

Circumstantial Evidence: Conspiracy to Commit Murder

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It appears from circumstantial evidence in the present case that the accused-appellant, also in common with his accused brother, nursed a grudge against the deceased. The time chosen for the as...

Principles of Appreciation

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Each circumstance relied upon by the prosecution must be established by cogent, succinct, and reliable evidence. The circumstances must be of an incriminating character. All the proved circumst...

Full Power to Review all evidence

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There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. The High Court in appeal has full power under Section 417 of the Code of Criminal Pr...

Article 143 of the Constitution

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Article 143 of the Indian Constitution grants the President the power to consult the Supreme Court. According to Order XLII, Rule 1 of the Supreme Court Rules (2013), upon receiving a reference...

Is A Mother Natural Guardian Of The Child Under Law

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In relation to the constitutionality of legislation, particularly Section 6 of the HMG Act, it is important to recognize that the validity of legislation is presumed. Courts should prioritize r...

Factors that influences Quantum of Sentences

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Criminal law generally adheres to the principle of proportionality in prescribing liability according to the culpability of each type of criminal conduct. It ordinarily allows significant discr...

Sentence To Be Reasonable: Why Sentencing Matters in Our Justice System

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The purpose underlying the sentence in criminal law is to punish the offender. A savage sentence is anathema to the civilized jurisprudence of Article 21. The correlation between crime and puni...

Investigation Before Registration if FIR

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The police have no right to refuse registration of a case when information is presented to them regarding the commission of a cognizable offense. Instead, they should proceed with an inquiry an...

Order under Section 156(3) can not be chalkenged in Superior Court

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The order made under Section 156(3) of the CrPC (Code of Criminal Procedure) serves as an intimation to the police, directing them to exercise their plenary power of investigation under Section...

When the High Court Reversed the Acquittal

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Where the High Court reversed the order of acquittal recorded by the Session Court, ignoring the major inconsistencies and discrepancies in the prosecution case, the order of the Trial Court wa...

Rule of Law: Upholding Equality and Accountability

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The Rule of Law is a fundamental principle that underpins governance in civilized, democratic societies. It ensures equality before the law, prevents arbitrary use of power, and secures a nonar...

Quantum of Punishment: A Tale of Justice and Family Ties

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Punishment shall be commensurate with the crime. Even if a crime is committed with a close family member, that by itself will not be considered as a mitigating circumstance. Misguided leniency ...

Benefit of doubt: The Curious Case of the Fourth Accused

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The discrepancy regarding the time of recording the FIR statement, based on the facts of the instant case, is not sufficient to discredit the testimony of an important eyewitness, whose presenc...

Appreciation Of Evidence

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There is no rule of law that dictates that if the court acquits certain accused individuals based on the evidence of a witness, finding it to be open to some doubt regarding them for a specific...

Personal Liberty: A Closer Look at Article 21

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The expression 'Personal Liberty' in Article 21 has broad scope, encompassing various rights that constitute an individual's personal liberty. Some of these rights have been elevated to the sta...

When Offence Can Be Compounded

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A case may be compounded at any time before the sentence is pronounced. Therefore, a petition of compromise, filed by the parties when the judgment was actually being written, should be accepte...

Speedy Disposal: Right To Be Released On Bail

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To have speedy justice is a fundamental right which flows from Article 21 of the Constitution. An appeal, bearing a statutory right, does not attain finality during the pendency of the appeal, and ...

Appeal From Acquittal And Appeal From Conviction

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The code makes no distinction between an appeal from an acquittal and an appeal from a conviction - Durgacharan AIR 1966 SC 1775. There are certain rules of adjudication and conduct that judges inv...

Reasonable Apprehension Of Not Having A Fair Trial

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It is well settled that every member of a tribunal called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially. It is essential for judicial decisions and...

Injuries Not Sufficient To Cause Death

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The golden rule in criminal cases is to prefer the probable to the possible. In the court's view, since the doctor stated that, in the normal course, the injuries found on the person of the dec...

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Popular Articles by Soumya Kundu

Full Power to Review all evidence

Titile

There is no embargo on the appellate court reviewing the evidence upon which an order of acquit...

Sentence To Be Reasonable: Why Sentencin...

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The purpose underlying the sentence in criminal law is to punish the offender. A savage sentenc...

Benefit of doubt: The Curious Case of th...

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The discrepancy regarding the time of recording the FIR statement, based on the facts of the in...

Order under Section 156(3) can not be ch...

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The order made under Section 156(3) of the CrPC (Code of Criminal Procedure) serves as an intim...

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