Acquittal Dowry death – The essential ingredient of deceased committing suicide has not been proved by the prosecution by adducing sufficient evidence. Prosecution failed to establish the death occurred due to suicide. Therefore, the finding of the Courts below convicting the appellants under Section 306, IPC merits interference . law under Section 304-B, IPC read with Section 113-B, Evidence Act can be summarized June 6, 2021 sclaw
Acquittal (IPC) – Section 302 – Murder – Acquittal – Conviction on the basis of witness statements in respect to watching the accused running away – That would have been too thin piece of evidence to convict someone under S 302 of the Code, applying the principle of res gestae. May 16, 2021 sclaw
Acquittal High Court misdirected itself in finding support for conviction on such unclinching evidence – The innocence of the appellants is a distinct possibility in the present matter and when two views are possible the benefit must go to the accused-Evidence Act, 1872 – Section 106 – Burden of Proof – As the burden to prove the guilt is always on the prosecution and cannot be shifted to the accused by virtue of Section 106 April 25, 2021 sclaw
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
