March 16, 2026 1:23 am

Bribe–Acquittal–Accused had no knowledge regarding the money being bribe.

Bysclaw

Sep 5, 2017

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Penal Code, 1860 (IPC) — Sections 302/34, 201 — Bharatiya Nyaya Sanhita, 2023 — Sections 103(1)/3(5), 238 — Circumstantial evidence — Conviction based on circumstantial evidence must fulfill stringent conditions — Circumstances must be fully established, consistent only with hypothesis of guilt, conclusive in nature, exclude every possible hypothesis except guilt, and form complete chain of evidence — Prosecution failed to prove incriminating circumstances against accused by cogent and admissible evidence — Conviction set aside.

Mar 15, 2026 sclaw

Penal Code, 1860 (IPC) — Sections 376(2)(g) and 506 — Conviction based on sole testimony of prosecutrix — Delay in lodging FIR — Lack of corroborative evidence — Court held that conviction can be based on sole testimony of prosecutrix only if it inspires confidence — In this case, the prosecutrix’s version did not inspire confidence due to unexplained delay and lack of disclosure to family, inconsistencies in statements, and absence of medical or other corroborative evidence — Defence of prior enmity also not properly considered — Conviction set aside.

Mar 15, 2026 sclaw

Acquittal Dying Declaration

Criminal Law — Investigation — Overzealous or lethargic investigation can be fatal to prosecution — A proper investigation requires drawing up a scene mahazar, forensic examination, independent witnesses, and thorough examination of the cause of fire — The failure to do so, coupled with contradictory statements from the investigating officer and undue haste in recording statements, can render the investigation a sham and prejudice the accused — Acquittal upheld by the Supreme Court due to flawed investigation and lack of credible evidence.

Mar 14, 2026 sclaw

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