Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Murder – Acquittal – Circumstantial evidence – Burden of proof — Prosecution having failed to prove the basic facts as alleged against the accused, the burden could not be shifted on the accused by pressing into section 106 of the Evidence Act HELD gross error of law in convicting the accused for the alleged crime, merely on the basis of the suspicion, conjectures and surmises – Accused are acquitted.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATYE SINGH AND ANOTHER — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Sanjiv Khanna and Belam. Trivedi, JJ. ) Criminal Appeal…

Acquittal

(IPC) 307 – PWs-1 & 2 have not contradicted between themselves being the eye-witnesses. Merely because they are related witnesses, in the absence of any material to hold that they are interested, their testimonies cannot be rejected. The High Court has rightly set aside the conviction rendered by the trial court for the charge under Section 307 IPC. PWs-1 & 2 have not spoken about the presence of the injured witness

Feb 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH YADAV AND ANOTHER ETC. — Appellant Vs. STATE OF U.P. — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

Acquittal

(CrPC) – Section 482 – (IPC) – Sections 406, 420, 467, 468, 471 and 120-B – Quashing of criminal proceedings – Misappropriation of amount – Main allegations are against the co-accused and others – There are no allegations that the appellants are related to the co-accused and others – It cannot be said that there is any prima facie case made out against the appellants for the offences – Quashed

Feb 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SMT. REKHA JAIN AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Acquittal

Acquittal – Use of the gun itself is not established by the FSL report – Ingredients of Section 307/34 IPC and Section 27 of the Arms Act have not been proved by the prosecution beyond reasonable doubt – Trial Court and High Court committed error in convicting the appellant for the charge under Section 307/34 IPC read with Section 27 Arms Act – Conviction and sentence set­ aside.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VASUDEV — Appellant Vs. STATE OF M.P. — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Criminal Appeal No. 388 of…

Acquittal

Maharashtra Police Act, 1951 – Section 56(1)(a)(b) – Order of externment – Impugned Judgment and order of the High Court shows that unfortunately, the Division Bench did not notice that an order of externment is not an ordinary measure and it must be resorted to sparingly and in extraordinary circumstances – Order of externment set aside.

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEEPAK S/O LAXMAN DONGRE — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka,…

Acquittal

Finding recorded by the Trial Court against appellant that he also dragged the dead body and thrown into the courtyard of the deceased is not supported by any evidence – Trial Court as well as the High Court have committed a grave error in convicting appellant for the offences punishable under Section 302 read with Section 34 of the IPC – Appeal allowed

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUKESH — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No.…

Acquittal

(IPC) – Sections 302 and 34 – Arms Act, 1878 – Sections 25 and 4 – Murder – Death penalty – Acquittal – Prosecution has failed to prove the case beyond reasonable doubt –A greater degree of care and caution would be required and a corroboration in material particulars by reliable testimony, direct or circumstantial, would be necessary to pass an order of conviction – Criminal trial is not like a fairy tale wherein one is free to give flight to one’s imagination and phantasy – Conviction and death sentence imposed on the accused is totally unsustainable in law – Accused persons acquitted.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH JAIKAM KHAN — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna, JJ.…

Acquittal

(CrPC) – Section 378 – Appeal in case of acquittal – – An Appellate Court shall not expect the trial court to act in a particular way depending upon the sensitivity of the case – Rather it should be appreciated if a trial court decides a case on its own merit despite its sensitivity – District judiciary is expected to be the foundational court, and therefore, should have the freedom of mind to decide a case on its own merit

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAN @SRINIVAS @ SEENA @TAILOR SEENA — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh,…

Acquittal

(IPC) – Section 477A – Falsification of accounts – the prosecution must, therefore, prove—(a) that the accused destroyed, altered, mutilated or falsified the books, electronic records, papers, writing, valuable security or account in question; (b) the accused did so in his capacity as a clerk, officer or servant of the employer; (c) the books, papers, etc. belong to or are in possession of his employer or had been received by him for or on behalf of his employer; (d) the accused did it wilfully and with intent to defraud.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

Acquittal

(IPC) – S 420 – Cheating & dishonestly inducing delivery of property – the mere breach of contract cannot give rise to criminal prosecution under Section 420 unless fraudulent or dishonest intention is shown right at the beginning of the transaction. It is equally important that for the purpose of holding a person guilty under Section 420, the evidence adduced must establish beyond reasonable doubt, mens rea on his part.

Dec 16, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH  N. RAGHAVENDER — Appellant Vs. STATE OF ANDHRA PRADESH, CBI — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli, JJ.…

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I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

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C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

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