Criminal Procedure Code, 1973 (CrPC), Section 172(1-B)—Highlighted the disregard for Circulars issued by the Director General of Police, Maharashtra State, regarding the maintenance of Case Diaries in accordance with Section 172(1-B) of Cr.P.C. The court expressed frustration that its previous referrals on this issue had not led to improvements. Additionally, the court clarified that its earlier order did not imply a halt to the investigation and requested the Director General of Police to personally review the investigation and ensure compliance with directives within three weeks. ...

Penal Code, 1860 (IPC)—Sections 376 and 506—Criminal Procedure Code, 1973 (CrPC)—Section 439—Protection of Children from Sexual Offences Act, 2012—Sections 3 and 4—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(W)(ii) and 3(2)(V)—Information Technology Act, 2000—Sections 67 and 67A—FSL Report was forwarded to the appellant Inspector with a note that DNA examination as per guidelines be undertaken however, the DNA examination was not carried out—In the meantime, the accused filed his bail plea—High Court called for the case-diary, but the FSL Report was not included therewith—Appellant was found guilty of dereliction of duty and direction was issued for holding departmental proceedings against him—On appeal, hel...

Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 164, Section 172,—Accused, though admissible under Section 30 of the Evidence Act, cannot be the sole basis for conviction—The court must first assess other evidence independently and establish its credibility—The voluntary nature of the confession, as per Section 24, is crucial—Section 164 of the CrPC allows confessions made before a Judicial Magistrate, emphasizing voluntariness—The case diary under Section 172 is confidential and not accessible to the accused—In a conspiracy for murder under Section 120-B and 34 IPC, the active participation of a co-accused, corroborated by independent evidence, is vital—However, the confession alone may not suffice—In a specific case, the confession did not provide adequate support for impli...