Category: 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.

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,…

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.

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…

“…………..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.…