Acquittal Murder – Acquittal – Circumstantial evidence – circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence September 24, 2022 sclaw
Acquittal I P C HELD it is not established that the appellant dishonestly received stolen property with the knowledge and belief that the goods found in his possession were stolen, the conviction of the appellant under Section 411 IPC cannot be sustained. September 11, 2022 sclaw
Acquittal Held, in absence of any concrete evidence that the appellants attacked and/or caused any injury to the deceased- others co-accused, appellants cannot be convicted for the offence under Section 302 IPC with the aid of Section 149 IPC – Appeal allowed. September 11, 2022 sclaw
Acquittal HELD When a reasonable doubt arises in a matter, benefit of doubt must be given to the accused. In the present case, the doubts reasonably arising in the matter had been brushed aside by the High Court on the logic that itself remains unacceptable. September 4, 2022 sclaw
Acquittal Narcotics (NDPS) – Section 54 of the Act raises a presumption and the burden shifts on the accused to explain as to how he came into possession of the contraband – But to raise the presumption under Section 54 of the Act, it must first be established that a recovery was made from the accused. August 31, 2022 sclaw
Acquittal Penal Code, 1860 (IPC) – Section 302 – Murder by giving poisoning – Reports of Chemical Examiner – Samples were not handed over to the Assistant Chemical Examiner who had to conduct the analysis in a sealed form – Cutting, and a fresh note regarding parcels being open also creates a doubt – Chances of tampering with the samples could not be ruled out – Appeal allowed. August 29, 2022 sclaw
Acquittal Discharge – Illegal gratification or disproportionate assets – Ingredients of alleged offences cannot be prima-facie established against the Appellant as neither had he been entrusted with funds August 29, 2022 sclaw
Acquittal I P C Ingredients of Section 120B IPC – it is not necessary that there must be a clear, categorical and express agreement between the accused – An implied agreement must manifest upon relying on principles established in the cases of circumstantial evidence. August 28, 2022August 28, 2022 sclaw
Acquittal Dowry Death Penal Code, 1860 (IPC) – Section 304B – Dowry death – On the basis of very same evidence, the trial court, by giving benefit of doubt, has acquitted the father and mother of the appellant – Conviction of appellant on very same evidence was improper August 17, 2022August 17, 2022 sclaw
Acquittal Murder – Benefit of doubt – Vital discrepancies and inconsistencies in the evidence of the prosecution witnesses – The corroboration sought by the prosecution with regard to alleged recoveries of the weapons used in the crime is also not free from doubt August 16, 2022 sclaw
