July 6, 2025 5:51 am

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

Bysclaw

Sep 5, 2017

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By sclaw

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A flawed investigation, suppression of material evidence in the form of contradictory witness affidavits, and failure to address glaring inconsistencies render prosecution evidence unreliable, necessitating acquittal to ensure a fair trial.

Jun 3, 2025 sclaw

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw

Acquittal Corruption

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) a— Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) Minor discrepancies may not be fatal, but serious contradictions going to root of matter, rendering evidence untrustworthy, are grounds for acquittal.

May 13, 2025 sclaw

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Jun 28, 2025 sclaw