Category: Acquittal

“…………..there is no evidence to show that the appellant did not obey the command of PW-30 or PW-29-Superintendent of Police who were present on the spot for issuing directions and commands – There is no evidence to prove that the appellant omitted to do any act to sustain the conviction under Section 217 IPC” – Appellant acquitted.

SUPREME COURT OF INDIA DIVISION BENCH V. RAJARAM — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB — Respondent ( Before : R. Banumathi And A.S. Bopanna, JJ.…

Penal Code, 1860 (IPC) – Section 326 – Summary Court Martial proceedings – Causing grievous hurt to Subedar/Master Technical – Acquittal – Appeal against – It is settled law that if two views can be reached, the one that leads to acquittal has to be preferred to the other, which would end in conviction. That apart, there is a clear violation of Rules 179 and 180 of the Rules and the respondent was deprived of an opportunity to defend himself.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SEPOY PRAVAT KUMAR BEHURIA — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Acquittal in offences under Section 147, 148, 149 and 302 of the Indian Penal Code, 1860- HELD In a criminal trial, the prosecution can succeed only if the guilt of the accused is brought home. That the accused may have done the crime barely suffices. The case of the prosecution as sought to be made out must be established.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND — Appellant Vs. DARSHAN SINGH — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal No.…

Food Adulteration—Report of Public Analyst—Not proved to be served to accused—Mere dispatch of report is not sufficient—Accused acquitted Food Adulteration—Taking of Sample—Sample of Milk—Proper stirring of milk to make it homogenous mixture before taking sample not establlshed–Accused acquitted

2019(3) Law Herald (SC) 2159 : 2019 LawHerald.Org 1344 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S, Bopanna Criminal Appeal No. 1167…

Murder—Injuries on Accused—No investigation in cross case—It causes serious prejudice to accused—Accused acquitted on benefit of doubt Statement of Accused—Burden of Proof—The fact that a defence may not have been taken by an accused under S.313 Cr PC cannot absolve the prosecution from proving its case beyond all reasonable doubt

2019(3) Law Herald (SC) 2132 : 2019 LawHerald.Org 1340 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Criminal Appeal No (s).…

Murder—Delay in recording statement of eye witness—Even though they were available and police knew that they were alleged eye witnesses-Accused acquitted Murder—Non proving of blood group of recovered blood stains—It may assume importance where the accused pleads a defence or alleges mala fides or fabricating the evidence on the part of the prosecution, to wrongly implicate him

(2019) 10 SCALE 415 :  2019(3) Law Herald (SC) 2123 : 2019 LawHerald.Org 1337 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan…

Penal Code, 1860 (IPC) – Sections 498A, 306, 323 and 149 – Dowry Prohibition Act, 1961 – Sections 3 and 7 – Committed suicide – Reliance cannot be placed on the sole testimony of PW1, on the basis of which the Appellant was convicted under Sections 498A, 114 and 323 as there is no corroboration by PW4 who is alleged to have given the information to him. Other than the above allegation, the Appellant stands on the same footing as of Accused Nos. 3, 4 and 5 who have been acquitted by the High Court. As the accusation of the physical assault by the appellant on the deceased is not proved, he is entitled to be acquitted.

SUPREME COURT OF INDIA DIVISION BENCH  KANTILAL — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Criminal Appeal No.…