Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Murder of child by mother – Appeal against conviction and sentence – Circumstantial evidence – HELD Though the doctor has opined in the post-mortem report, the cause of death is asphyxia but in absence of any clear evidence on record it is not safe to convict the appellant for the offence under Section 302 IPC – Appeal allowed.

Dec 23, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANJU — Appellant Vs. STATE OF DELHI — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy, JJ. ) Criminal Appeal No.…

Acquittal

Penal Code, 1860 (IPC) – Sections 34 and 302 – Murder – Common intention – Appeal against conviction and sentence – Appellant was present on the spot of the offence HELD In order to invoke the principle of joint liability in the commission of a criminal act as laid down in Section 34, the prosecution should show that the criminal act in question was done by one of the accused persons in furtherance of the common intention of all.

Dec 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIRENDER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Mohan M. Shantanagoudar and K. M. Joseph, JJ. ) Criminal Appeal No.…

Acquittal

Penal Code, 1860 (IPC) – Sections 302, 363, 364, 364-A and 365 and Section 120-B – Arms Act, 1959 – Section 21 (1)(a) – Explosives Act, 1884 – Section 3 and 5 – Murder – Acquittal – Last seen together theory -Apart from Extra-Judicial Confession by Appellant Accused No.-1 no direct evidence was adduced by the prosecution to establish involvement of the accused in the alleged crime. Entire case of the prosecution was based on circumstantial evidence and theory of last seen together.

Dec 15, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH SHAILENDRA RAJDEV PASVAN AND OTHERS — Appellant Vs. STATE OF GUJARAT ETC. — Respondent ( Before : N.V. Ramana, Sanjiv Khanna and Krishna Murari,…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and 149 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder -If the deposition of PW2 and PW3 are not reliable qua one of the accused on the grounds stated hereinabove and one of the accused came to be acquitted by giving benefit of doubt, the same benefit ought to have been given to the other accused also, unless there is some further material/evidence against the other accused.

Dec 1, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JODHRAJ AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

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.

Nov 26, 2019 sclaw

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.…

Acquittal

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.

Nov 10, 2019 sclaw

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

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.

Nov 10, 2019 sclaw

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.…

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