Category: Acquittal

Penal Code, 1860 – Section 306 – Abetment of suicide – Citing precedents, the Court notes that mere harassment without proximate positive action leading to suicide does not constitute abetment – The Court quashes the proceedings against the appellant, stating no offence is made out against her, but allows the trial to proceed against other accused.

SUPREME COURT OF INDIA DIVISION BENCH AMUDHA — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal…

Penal Code, 1860 (IPC) – Sections 302 and Section 304 Part-I – Murder – Acquital – The Supreme Court finds that the prosecution has not fully established the circumstances necessary for a conviction based on circumstantial evidence, as required by the precedent set in Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 – The Supreme Court allows the appeal, acquits the appellants of all charges, and orders their immediate release, citing insufficient evidence to prove guilt beyond a reasonable doubt.

SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal…

Penal Code, 1860 (IPC) – Sections 109, 302 and 307 – Murder – Appeal against conviction – Court found inconsistencies in testimonies, lack of independent witnesses, and lapses in the police investigation – The Court discussed the right of private defense and the standards for “interested” versus “independent” witnesses – This Court allowed the appeals, set aside the convictions, and directed the release of both appellants, citing reasonable doubt in the prosecution’s case.

SUPREME COURT OF INDIA DIVISION BENCH PERIYASAMY — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Hrishikesh Roy and Sanjay Karol, JJ. )…

Protection of Children from Sexual Offences Act, 2012 – Supreme Court found significant discrepancies and contradictions in the prosecution witnesses’ testimonies, including the victim’s, casting doubt on the prosecution’s version of events – Due to these inconsistencies and lack of corroborative evidence, the Supreme Court acquitted the appellants, setting aside their convictions and sentences – The judgment emphasizes the importance of credible evidence and the consequences of accusations on the lives of individuals, highlighting the need for careful examination of testimonies in sexual harassment cases.

SUPREME COURT OF INDIA FULL BENCH NIRMAL PREMKUMAR AND ANOTHER — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : Dipankar Datta, K.V. Viswanathan and Sandeep…

Penal Code, 1860 (IPC) – Section 306 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – Section 3(2)(v) – Abetment of suicide – Necessary ingredients – This court ruled that the charge under the SC/ST Act was unwarranted because the prosecution did not allege that the offence under the IPC was committed based on the deceased’s caste – The court also found that the allegations in the suicide note were not sufficient to establish abetment of suicide under Section 306 of the IPC – Appeal Allowed.

SUPREME COURT OF INDIA DIVISION BENCH PRABHAT KUMAR MISHRA @ PRABHAT MISHRA — Appellant Vs. THE STATE OF U.P. AND OTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8(c) read with 20(b)(ii)(c) – Seizure of ganja from four accused under the NDPS Act – The Court pointed out the glaring loopholes and fatal flaws in the prosecution case, such as the doubtful weighment of the contraband, the flawed sampling procedure, the missing link evidence, the inadmissible confession, and the illegal conviction of the appellants who were not present at the spot.

SUPREME COURT OF INDIA DIVISION BENCH MOHAMMED KHALID AND ANOTHER — Appellant Vs. THE STATE OF TELANGANA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – The Supreme Court reiterated that to constitute abetment, there must be a positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide – The Supreme Court also stated that mere allegation of harassment without any direct or indirect act of incitement to the commission of suicide would not amount to abetment

SUPREME COURT OF INDIA DIVISION BENCH KUMAR @ SHIVA KUMAR — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : Bela M. Trivedi and Ujjal Bhuyan, JJ. ) Criminal…

The prosecution could not prove his guilt beyond all reasonable doubt, as there were glaring discrepancies in the eyewitnesses’ version, absence of the testimony of the material witnesses and the ballistic report, and non-recovery of the weapon of crime – The Court also observed that the trial court had erred in convicting and acquitting the co-accused on the same set of evidence.

SUPREME COURT OF INDIA DIVISION BENCH RAM SINGH — Appellant Vs. THE STATE OF U.P. — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Criminal Appeal…

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