Blue-collar crime refers to non-violent crimes committed by individuals who are typically employed in manual labor or lower-paying occupations, often involving theft, fraud, or other forms of white-collar crime.

There have been many studies conducted on blue-collar crime, which have revealed a variety of interesting findings. Some key insights from these studies include:

1. Blue-collar crime is often committed by individuals who have limited financial resources and perceive that they have few opportunities to improve their economic situation.

2. Many blue-collar crimes are committed by employees who work in positions of trust, such as cashiers, accountants, or bookkeepers.

3. The most common type of blue-collar crime is theft, which can take many forms, including shoplifting, embezzlement, and theft of company property.

4. Blue-collar criminals are often caught and punished less frequently than their white-collar counterparts. This is due in part to the fact that they tend to operate in less-scrutinized industries and are less likely to be the subject of regulatory oversight.

Here are a few examples of Indian case law related to blue-collar crime:

1.1 Theft: In 2020, a housekeeping employee at a private hospital in Mumbai was arrested for stealing 44 oxygen cylinders from the hospital. The employee was caught on CCTV cameras, and the stolen cylinders were worth around Rs 2 lakh.

1.2 Embezzlement: In 2018, a cashier at the Indian Oil Corporation’s petrol pump in New Delhi was arrested for embezzling Rs 1.6 crore over a period of six years. The cashier had been manipulating the cash register to divert money into his own account, and was caught after an internal audit.
1.3 Fraud: In 2016, a group of employees at a public sector bank in Mumbai were arrested for defrauding the bank of over Rs 2.3 crore. The employees had created fake accounts and manipulated records to siphon off the funds.
1.4 Wage theft: In 2019, a group of construction workers in Karnataka filed a complaint with the labor department, alleging that their employer had not paid them for over a year. The workers had been employed by a contractor to work on a government project, but the contractor had failed to pay them their wages, which amounted to around Rs 50 lakh.

These cases highlight the range of blue-collar crimes that occur in India, and the impact they can have on individuals and businesses.Blue-collar crime can have serious consequences for victims, who may lose money, property, or other valuable assets.

it’s my opinion ( Adv Vaibhav Tomar)

all rights reserved 

Dying declaration and a deposition

A dying declaration and a deposition are two types of statements that can be used as evidence in a legal case.

A dying declaration is a statement made by a person who is believed to be on the verge of death and is aware of their impending death. This statement is admissible in court as an exception to the hearsay rule, which generally prohibits the use of secondhand statements as evidence. The rationale behind the exception is that a person in their final moments is unlikely to lie, and it may be the only opportunity for the person to provide crucial information about a crime. However, for a dying declaration to be admissible, the person must have made the statement with a clear understanding of the situation and without any undue influence.

A deposition, on the other hand, is a statement made by a witness or a party to a legal case outside of the courtroom, usually in response to written or oral questions. Depositions are typically taken as part of the pretrial discovery process and can be used as evidence in court if the witness is unavailable or unable to testify at trial. Depositions are taken under oath, and the statements made are recorded by a court reporter or through audio or video recording.

one of the most famous case in which a dying declaration was used as evidence is the case of Mithu vs. State of Punjab (1983). In this case, the Supreme Court of India held that a dying declaration could be relied upon as the sole basis for a conviction, provided that it was found to be voluntary, truthful, and reliable. The court also stated that the dying declaration must be corroborated by other evidence, if possible.

In the case of State of Punjab v. Ramdev Singh (2004), the Indian Supreme Court emphasized the importance of ensuring that a dying declaration is free from any influence or coercion. The court held that the statement should be recorded in the presence of a magistrate, and that the magistrate should satisfy himself that the person making the statement is conscious and in a fit state of mind.

In summary, the admissibility of a dying declaration as evidence in a trial depends on a number of factors, including the circumstances under which the statement was made, the reliability of the statement, and the rules of evidence in the particular jurisdiction. However, case law has established that a properly recorded and reliable dying declaration can be a powerful piece of evidence in a criminal trial.

adv Vaibhav tomar (All Rights Reserved)

it’s my opinion

Asau vs State of Jharkhand CRLDB 1422/16 04/08/22 [ Rogon JJ ]

[ JHARKHAND HIGH COURT ]

Section 302 IPC Appeal against conviction Murder Cause of death was opined to be head injury caused by hard and blunt substance PW-2 child witness, son of deceased and appellant – He deposed that he was present in the house when his father assaulted his mother with an iron rod and fled away – Motive behind assault also spelt out by him which is of having suspicion that his mother was having an illicit relationship with another person – Postmortem report further corroborates evidence of PW-2 – Dead body of wife of appellant found in his house – No explanation put forward by him – Conduct of appellant further cements his guilt as he fled away after committing murder – Prosecution, therefore, has been able to establish its case beyond all reasonable doubt Conviction order upheld. [Paras 11, 14 and 20]

11. P.W.7 (Jaipal Jerai) is the informant who has stated that Suro Kui was his elder sister whose marriage was solemnized with Asau Chatar. His nephew Jeteya Chatar had come and disclosed that his father has committed the murder of his mother with an iron rod and axe. He had gone to the house of his brother-in-law along with the Village-Munda. The Munda had informed the Police and thereafter his statement was recorded. He has identified his signature in the fardbeyan which has been marked as Exhibit-2/2. He has also identified his signature on the inquest report which has been marked as Exhibit-1/1. He has deposed that the Police had recovered a spade and an axe.
In cross-examination, he has stated that he had not seen the occurrence. He does not know as to whether any dispute existed between his sister and brother-in-law. He also does not know as to whether his brother-in-law had committed the murder or not.

14. P.W.10 (Dr. Vinod Kumar Pandit) was posted as a Medical Officer at Sadar Hospital, Chaibasa and on 19.01.2010 he had conducted autopsy on the dead body of Suro Kui @ Mangri Kui and had found the following injuries:
(i) Swelling over scalp on right side with fracture of underlying frontal, parietal and temporal bone. There is laceration of brain tissue and soft tissue with blood and blood clot inside cranial cavity.
(ii) Bruise bluish black in colour on the anterior chest wall size- 4” x 3” with blood & blood clots underlying subcutaneous tissue.
(iii) There is pressure mark over anterior and left lateral aspect of neck. Three in numbers size – 4” x 1⁄2”, 3” x 1⁄2”, 21⁄2” x 1⁄2” with blood and blood clot underlying the skin.
(iv) There are multiple bruises on the back, both knee and on the buttock.
(v) Foul smelling liquid like substance present.
(vi) Uterus small size non-gravid.
The cause of death was opined to be head injury caused by hard and blunt substance. He has proved the postmortem report which has been marked as Exhibit-7.

20. The Investigating Officer (P.W.9) has stated that in course of investigation, he had recorded the statement of Tupra Chatar and Charhi Chatar and both have stated about seeing the assault and being threatened on trying to intervene. Both these witnesses have been examined as P.W.4 and P.W.5 and they have been declared hostile by the prosecution. The case of the prosecution therefore rests upon the evidence of P.W.2. P.W.2 who is the son of the deceased and the appellant has deposed that he was present in the house when his father had assaulted his mother with an iron rod and fled away. The motive behind the assault has also been spelt out by him which is of having suspicion that his mother was having an illicit relationship with another person. The defence has been unable to demolish the testimony of this witness and his evidence appears to be reliable and trustworthy. The evidence of P.W.2 gains credence from the evidence of the informant who has been examined as P.W.7 and who has deposed about the information received from P.W.2 immediately after the occurrence that his father has committed the murder of his mother. The postmortem report further corroborates the evidence of P.W.2 as the cause of death has been opined to be on account of head injury caused by hard and blunt substance. The dead body of the wife of the appellant was found in his house and no explanation has been sought to be put forward by the appellant in his 313 Cr.P.C. statement. The conduct of the appellant further cements his guilt as he had fled away after committing the murder and had returned after four days to his house when on the basis of confidential information P.W.8 who was In-Charge of the investigation had arrested him. The prosecution, therefore, has been able to establish its case beyond all reasonable doubt

Adv Vaibhav Tomar ( All Rights Reserved)

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display_pdf Asau Chatar vs state of Jharkhand judgment

Bhagaban vs State of Orissa CRLREV 270/21 25/07/22 [ RATHO JJ ]

[ ORISSA HIGH COURT ]

• Section 376 IPC Rape Revision against conviction Petitioner committed rape on victim assaulted her and threw her in the paddy field Merely because victim admitted that she had gone to her work for two hours after the rape does not render her evidence liable for rejection Victim evidence has been corroborated by the evidence of her younger brother, her father who is also the informant and to whom she had shown the accused, her employer who noticed her damaged saree, Medical Officer who had examined her and found minor injuries on her back which was noticed by the I.O No merit in the contention of the learned counsel for the petitioner that he has been prejudiced as he could not cross examine the victim with reference to her statements before the police No reason to interfere with the conviction Petition dismissed. [Paras 2, 9 and 12]

BIMLA vs STATE OF BIHAR SLCRL 834/23 16/01/23

[ SUPREME COURT ]

• Section 438 and 439 CRPC Bail Process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail – Question as to whether pre-arrest bail, or for that matter regular bail, is to be granted or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations – Bail could be declined even if the accused has made payment of the money involved or offers to make any payment – Held that there is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment – Recovery of money is essentially within the realm of civil proceedings. [Paras 9 to 11]

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BIMLA TIWARI PETITIONER VERSUS STATE OF BIHAR & ORS._Judgement_16-Jan-2023