Category: Acquittal

(CrPC) – Ss 213 and 313 – (IPC) – Ss 148, 302, 307 r/w section 149 – by reason of omission to frame a proper charge in terms of Section 213 of CrPC, and by reason of not putting important circumstances appearing in the evidence in the statement under Section 313 caused serious prejudice to the accused – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH KALICHARAN AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Sanjay Kishan Kaul and Abhay S. Oka, JJ. )…

(IPC) – Sections 149 and 302 – Murder – Acquittal – admissions given by PW8 that she along with PW1 were lying down for a period of one hour on the spot where they were assaulted and that fatal assault was made on the deceased after he ran away from the spot, a serious doubt is created whether both of them had seen the actual assault on the deceased – Moreover, there is a serious discrepancy about the weapons of assault –

SUPREME COURT OF INDIA DIVISION BENCH RAMCHARAN (DEAD) AND ANOTHER — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Sanjay Kishan Kaul and Abhay S. Oka, JJ.…

Rajeev Gandhi assassination case – HELD therefore, direct that all the appellants/applicants be deemed to have served their respective sentences in connection with Crime No. 329 of 1991. The appellants/applicants are, therefore, directed to be set at liberty forthwith, if not required in any other case.

SUPREME COURT OF INDIA DIVISION BENCH R.P. RAVICHANDRAN — Appellant Vs. STATE OF TAMIL NADU REP. BY ITS CHIEF SECRETARY AND OTHERS — Respondent ( Before : B.R. Gavai and…

Test Identification Parade (TIP) – even if held, cannot be considered in all the cases as trustworthy evidence on which the conviction of an accused can be sustained – Conduct of the TIP, coupled with the hovering presence of the police during the conduct of the TIP vitiated the entire process

SUPREME COURT OF INDIA DIVISION BENCH GIREESAN NAIR AND OTHERS ETC. — Appellant Vs. STATE OF KERALA — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. )…

(IPC) – Section 120(B), 147, 364 ,302 r/with 120(B)/149, 201 & 396 – Murder-HELD since the super-imposition report was not supported by any other reliable medical evidence like a DNA report or post-mortem report, it would be very risky to convict the accused believing the identification of the dead body of the victim through the super-imposition test.

SUPREME COURT OF INDIA DIVISION BENCH S. KALEESWARAN — Appellant Vs. STATE BY THE INSPECTOR OF POLICE POLLACHI TOWN EAST POLICE STATION, COIMBATORE DISTRICT, TAMIL NADU — Respondent ( Before…

Rape and Murder – Death Penalty – Acquittal – Circumstantial evidence – Lapses in investigation and trial – There was no Test Identification parade conducted by any of the Investigating Officers during the course of their respective investigations – Nor any of the witnesses had identified the accused during their respective depositions – As per the settled legal position, in order to sustain conviction, the circumstances taken cumulatively should form a chain so complete

SUPREME COURT OF INDIA FULL BENCH RAHUL — Appellant Vs. STATE OF DELHI MINISTRY OF HOME AFFAIRS AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, CJI., S. Ravindra…

Abetment of suicide – Cruelty – Conviction of the appellants is solely based on the oral evidence of mother and sister of the deceased, who are interested witnesses – Complaint against the appellants was filed after 3 weeks of the death of the deceased -deceased was also undergoing treatment for depression -Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH MARIANO ANTO BRUNO AND ANOTHER — Appellant Vs. THE INSPECTOR OF POLICE — Respondent ( Before : M. R. Shah and Krishna Murari, JJ.…

Murder — Confession before police – Videography of statement by police – Held, both the Trial Court and the Appellate Court went completely wrong in placing reliance on the voluntary statements of the accused and their videography statements — Under Article 20(3) of the Constitution of India, an accused cannot be compelled to be a witness against himself

SUPREME COURT OF INDIA Before: Uday Umesh Lalit CJI., S. Ravindra Bhat & Sudhanshu Dhulia, JJ. Criminal Appeal Nos.1597-1600 of 2022 (Arising out of Special Leave Petition (Crl.) Nos.8792-8795 of…