Prem Singh vs State of NCT of Delhi

Criminal Appeal · 2023 INSC 3Decided 2 Jan 2023
Criminal Appeal No. 1 of 2023
Dinesh Maheshwari · Sudhanshu Dhulia

Background

On 3 May 2009, Prem Singh's wife left their two sons, aged about 9 and 6, in his care while she went to visit her ailing grandmother. That day he took the boys to the Haiderpur Canal in Delhi; soon afterwards he told a petrol-pump worker, staff at the water treatment plant and the police that the children had accidentally slipped into the canal. Post-mortem reports showed both boys had died of asphyxia from manual strangulation, not drowning. The prosecution's case was that the appellant, a heavy drinker who doubted his wife's fidelity and the paternity of the children, strangled them and threw the bodies into the canal to stage an accident. The trial court convicted him under Sections 302 and 201 IPC and sentenced him to life imprisonment; the Delhi High Court affirmed in 2016.

Decision Breakdown

The Supreme Court dismissed the appeal and upheld the conviction. It held that the chain of circumstances was complete: the children were last seen alive alone with their father (a fact confirmed even by his wife, who otherwise turned hostile), they died of homicidal strangulation, their bodies were pulled from the canal, and the appellant immediately spread a false story of accidental drowning: a false explanation that itself became a strong link in the chain. Because the facts of what happened at the canal were specially within the appellant's knowledge, Section 106 of the Evidence Act placed a heavy burden on him to explain, which he never did, not even in his Section 313 CrPC statement. Although the wife denied any marital discord, her own uncles and even the appellant's brother testified to strained relations and his suspicion about the boys' paternity; in any event, absence of a proved motive cannot displace an otherwise complete chain of evidence. The Court also rejected the belated plea of unsoundness of mind under Section 84 IPC and Section 329 CrPC. There was no evidence of mental incapacity at the time of the crime or during trial (only a stint at a de-addiction centre and some post-conviction psychiatric treatment in jail), and the calculated manner of the killings and cover-up showed an alert mind. The request to reduce the offence to culpable homicide under Section 304 IPC was likewise refused.

Lesson Learnt

When a death occurs in circumstances known only to the accused, such as children in the sole custody of a parent, the law expects that person to give a truthful explanation, and a false story offered instead can strengthen the case against them. A history of alcohol abuse or later mental-health treatment does not amount to legal insanity unless it is shown that the person could not understand the nature of the act at the time it was committed.

Criminal LawSupreme Court of India

Charming Rupon v. State of Meghalaya

The Supreme Court acquitted the accused, finding the prosecution's case riddled with serious doubt. Both the victim and her cousin (a key witness) admitted in cross-examination that they could not identify the accused and that his name had been supplied to them by the victim's mother, raising a strong suspicion of tutoring, especially since the victim admitted she had been coached by the public prosecutor before testifying. The mother's own conduct (not reacting urgently despite being told of the assault, and material facts missing from the belated FIR) was found "unnatural." A crucial witness, the school teacher whose disclosure triggered the FIR, was never examined, without explanation, warranting an adverse inference against the prosecution. The Court also noted that two medical witnesses were never meaningfully cross-examined because the defence counsel was absent on the relevant dates, and that the trial court had wrongly brushed aside credible alibi evidence led by the accused.

Decided 9 Oct 2026Read case
Criminal LawSupreme Court of India

Ramkrushna Prahllad Dongardive v. The State of Maharashtra

The Supreme Court restored the trial court's acquittal. It found that the prosecution never produced the original cashbooks, daily registers, or audit reports that would have actually proven the appellant was entrusted with and misappropriated the money: the investigating officer himself admitted these documents were never shown to him despite being asked for. The department also failed to produce records the appellant had specifically sought in his own defence. Separately, the search and seizure of documents from the appellant's house was legally doubtful, since both independent witnesses to the seizure turned hostile and denied knowing its contents, and the mandatory procedural safeguards for such a seizure were not followed. The Court also flagged that the High Court convicted the appellant for the very first time on appeal without ever hearing him on the question of sentence, which the law required it to do.

Decided 8 Oct 2026Read case
Criminal LawDelhi High Court

Gurpreet Singh vs. State (NCT of Delhi)

The Court accepted that the order recalling the proclaimed offender status be placed on record. Noting that the complainant was untraceable and the prosecution itself raised no serious objection to anticipatory bail, the Court found no reason to deny the applicant liberty. It granted anticipatory bail, directing release on a personal bond of Rs. 20,000 with one surety in the event of arrest.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Mukesh Rani vs. Narcotics Control Bureau

The Court noted the investigation was complete, the chargesheet was filed, the co-accused had already been granted bail, and the combined quantity recovered (1.976 kg) still fell short of the "commercial quantity" threshold under the NDPS Act. With ten witnesses yet to be examined and no indication the trial would conclude quickly, the Court found continued detention unnecessary and granted regular bail on a personal bond of Rs. 50,000 with standard conditions.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Aakash vs. State Govt. of NCT of Delhi and Anr.

The Court noted that all prosecution witnesses, including the complainant and the guest house manager, had already been examined, and that a co-accused in the same FIR had already been granted bail. Given the complainant's own testimony about voluntary association with the petitioner and the completed trial evidence, the Court found the overall facts favoured bail. It granted regular bail on a personal bond of Rs. 50,000 with standard conditions (reporting to police weekly, not influencing witnesses, providing address/mobile details).

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Kundan Kumar vs. State NCT of Delhi & Anr.

The Court relied on earlier Delhi High Court rulings holding that whether a broken promise of marriage was "false" from the outset (criminal) or a mere "breach" (not criminal) is a question for trial, not something requiring custodial interrogation. Noting the investigation was complete and the applicant had no prior criminal record, the Court granted regular bail on a personal bond of Rs. 25,000 with conditions, clarifying the order was not an opinion on the merits.

Decided 7 Oct 2026Read case