Acquittal Private Vehicle Is Not A “Public Place” As Explained In Section 43 NDPS Act April 18, 2021 sclaw
Acquittal (IPC) – Sections 302, 364-A, 376, 216 read with Section 120-B – Kidnapping Rape and Murder – Circumstancial evidence – Post-mortem report discloses that victim was sexually assaulted, the FSL Report on record does not establish any connection of accused with the sexual assault on the deceased victim – Record is again not clear as to when the present appellants were arrested and how and in what manner their disclosure statements led to the recovery of the dead body April 10, 2021April 10, 2021 sclaw
Acquittal Appeal against acquittal – Dying declaration – the accused is able to create a doubt not only with regard to the dying declaration but also with regard to the nature and manner of death, the benefit of doubt shall have to be given to the accused – Therefore much shall depend on the facts of a case – There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration. March 29, 2021 sclaw
Acquittal (IPC) – Ss 323, 504 & 506 – Voluntarily causing hurt -Trial courts have the power to not merely decide on acquittal or conviction of the accused person after the trial, but also the duty to nip frivolous litigations in the bud even before they reach the stage of trial by discharging the accused in fit cases March 14, 2021 sclaw
Acquittal Murder – Post-Mortem Report – No marks on the body which would suggest violence or struggle – In any case, the medical expert himself has not ruled out the possibility of suicidal death – Post-Mortem Report shows, that the cause of death was ‘asphyxia due to hanging’ – Appellant acquitted. March 7, 2021 sclaw
Acquittal Illegal gratification – presumption of innocence as would be there in the case of acquittal – High Court decision is based on totally erroneous view of law by ignoring the settled legal position – High Court in dealing/non – dealing with the evidence was patently illegal leading to grave miscarriage of justice – Matter deserves to be remanded February 14, 2021 sclaw
Acquittal Possession of Indian Flap Shell Turtle — the Turtle which has been seized is not that which is included in Part II of Schedule I. In the facts of the present case, on the face of it, the Turtle seized is not included in Schedule I Part II and the Turtle having already been freed on the second day of its seizure, the High Court did not commit any error in quashing the criminal proceedings December 15, 2020 sclaw
Acquittal Acquittal – Dowry death – Presumption – Ingredients of the offence are well-settled – A marriage performed within seven years before the death of the wife – Death must be unnatural – Soon before the death, the deceased wife must have been at the receiving end of cruelty or harassment, on account of demand for dowry – It is described as dowry death – Relatives concerned, including husband, become liable – Section 113B of the Evidence Act comes to the rescue of the prosecutor by providing for a presumption that a person has caused dowry death December 4, 2020 sclaw
Acquittal Food Adulteration – Complaint filed against Directors of the Company – Held Therefore, in the absence of the Company, the Nominated Person cannot be convicted or vice versa -to convict the Company renders the entire conviction of the Nominated Person as unsustainable – Complaint dismissed. November 22, 2020 sclaw
Acquittal (IPC) – S 302, 34 – Refusal to undergo Test Identification Parade (TIP) – Guilt cannot be based purely on the refusal to undergo a (TIP) – Ballistics evidence connecting the empty cartridges & the bullets recovered from the body of the deceased with an alleged weapon of offence is contradictory and suffers from serious infirmities. Appeal allowed. November 3, 2020 sclaw
