Supreme Court of India Judgements

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Acquittal

“Unreliable Confession, Doubtful Evidence: Murder Acquittal Upheld”

Bysclaw

Mar 3, 2024

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Acquittal

Penal Code, 1860 (IPC) — Sections 323, 302, 364, 449, 450, 380/34 and 120-B —Abduction and Murder — Seven accused were charged, with five initially convicted and two acquitted — The High Court later convicted all seven —Whether the High Court’s reversal of acquittal and conviction of all accused was justified based on the evidence — Petitioners argue that no motive for A-6 and A-7, unreliable witness testimonies, discrepancies in the time of death, and lack of proof of deceased’s residence — Prosecution contends that consistent witness testimonies, sufficient evidence of motive, and proper appreciation of evidence by the High Court — The Supreme Court acquitted all seven accused, finding the High Court’s reversal of acquittal unjustified and the evidence insufficient —Doubts about witness credibility, lack of direct evidence, and improper exclusion of some testimonies by the High Court —The High Court failed to meet the higher threshold required to reverse an acquittal, and the prosecution did not prove the case beyond reasonable doubt —The convictions were set aside, and all accused were acquitted.

Sep 28, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 498A, 323, 504, 506 read with Section 34 — Cruelty — The complainant filed an FIR against her in-laws under various sections of the IPC, alleging cruelty and dowry demands — The appellants sought to quash the FIR and chargesheet — Whether the FIR and chargesheet should be quashed due to lack of specific allegations and the existence of a civil dispute — Appellants argue that the FIR is vague, lacks material particulars, and is an abuse of the criminal process — The allegations are general and relate to a civil property dispute — Respondent contends that rhe High Court found a prima facie case of cruelty and specific allegations against each appellant — The Supreme Court quashed the FIR and chargesheet, finding the allegations vague and the proceedings an abuse of the criminal process —The Court noted the lack of specific details in the allegations and the existence of a contentious civil dispute between the complainant’s husband and his family — The Court emphasized the need for careful examination of allegations in cases where the FIR appears to be motivated by ulterior motives —The appeal was allowed, and the FIR and chargesheet were quashed.

Sep 28, 2024 sclaw
Acquittal I P C

Distinction Between Assault and Jostling/Struggling — The court distinguished between an assault, which involves an intentional application of force or a threat to apply force, and jostling or struggling that may occur during an attempt to resist arrest or escape — The mere act of jostling or struggling, without evidence of intent to assault or use criminal force, does not constitute an offence under Section 353 IPC. Necessity of Compliance with Section 195(1)(a)(i) Cr.P.C. for Prosecuting under Section 186 IPC —The court held that for prosecuting an offence under Section 186 IPC (obstructing a public servant in the discharge of public functions), it is mandatory to follow the procedure laid down in Section 195(1)(a)(i) of the Code of Criminal Procedure (Cr.P.C.), which requires a complaint or report by the public servant concerned or by some other person authorized by him in writing.

Aug 18, 2024 sclaw

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw
Advocates Act Constitution

In view of the said Notice/Circular dated 30.12.2022 and in furtherance of the afore-stated order passed by the Coordinate Bench, it is directed that the Advocates on-Record may mark the appearances of only those Advocates who are authorized to appear and argue the case on the particular day of hearing. Such names shall be given by the Advocate on Record on each day of hearing of the case as instructed in the Notice. If there is any change in the name of the arguing Advocate, it shall be duty of the concerned Advocate-on-Record to inform the concerned Court Master in advance or at the time of hearing of the case. The concerned Officers/Court Masters shall act accordingly.

Oct 2, 2024 sclaw
I P C

Penal Code, 1860 (IPC) — Section 420 — Passports Act, 1967 — Section 12(2) — The appellant was convicted for abetting the issuance of a second passport to a person already possessing a passport — The Supreme Court set aside the conviction and acquitted appellant due to insufficient evidence proving her guilt beyond reasonable doubt — Conviction based on circumstantial evidence requires each circumstance to be proven beyond reasonable doubt and the circumstances taken together should lead to an irresistible inference of guilt — Under Section 12(2), the prosecution bears the burden of proving that the accused knowingly furnished false information or suppressed material information with the intent to secure a passport or travel document — The Supreme Court allowed the appeal, setting aside the judgments of the Trial Court and the High Court, and acquitted appellant of the offences alleged against her.

Oct 2, 2024 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11(6) read with Section 11(9) —Dispute over a contractual agreement — The main issue is whether the contract was breached and if so, what remedies are available —The petitioner argues that the respondent failed to fulfill their obligations under the contract —The respondent contends that they met all contractual requirements and that any issues were due to the petitioner’s actions —The court ruled in favor of the petitioner, finding that the respondent breached the contract —The court based its decision on the evidence presented, which showed that the respondent did not meet the contractual terms —The court applied principles of contract law, focusing on the obligations and duties outlined in the agreement —The court awarded damages to the petitioner and ordered the respondent to fulfill their contractual obligations.

Oct 2, 2024 sclaw