Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Indian Penal Code, 1908, S.376–Rape–Delay in lodging FIR– Acquittal-Delay of 7 months in lodging FIR-In present case evidence adduced by prosecutrix falls short of test of reliability and acceptability and as such it is highly unreliable to act upon It-­ Critical examination of evidence on record is warranted in such cases- -Accused acquitted.

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 710 : 2019 LawHerald.Org 703 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogol Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr.…

Acquittal

Common intention–Evidence of PWs 2 and 3 did not attribute any overt act to the appellant–The mere fact that he was in the company of the accused who were armed would not be sufficient to attract Section 34 IPC–Appellant cannot be held guilty by application of Section 34 IPC–His conviction is accordingly set aside. Common intention–Section 34 is applicable even if no injury has been caused by the particular accused himself–For applying Section 34 it is not necessary to show some overt act on the part of the accused.

Mar 31, 2019 sclaw

2009(1) LAW HERALD (SC) 606 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. of…

Acquittal

Identification of Prisons Act, 1920, S.4–Sample of Fingerprints-­ Police officer is competent to take finger print from crime scene without the orders from Magistrate–To dispel doubts as to its bona fides and to rule out the fabrication of evidence, it is eminently desirable that they were taken before or under the order of a Magistrate-Evidence Act, 1872, S.27.

Mar 1, 2019 sclaw

2019(1) Law Herald (SC) 333 : 2019 LawHerald.Org 524 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…

Acquittal

Murder—Identification of Accused—Specific identification of the four accused, from a group of 200- to 300 rioters, with 100% perfection; without a mention of any distinguishing marks seems highly improbable—Accused acquitted. Murder—Test Identification Parade—No reasonable explanation provided for such an inordinate delay of 55 days in conducting the TIP— Accused acquitted Murder—Gunshot Injury—Both the Post -Mortem report and the F.S.L. report are incompatible with each other with regard to exit wound and recovery of bullet—Accused acquitted. Murder—Benefit of doubt arising out of inefficient/defective investigation must be bestowed upon the accused.

Feb 22, 2019 sclaw

2019(1) Law Herald (SC) 55 : 2018 LawHerald.Org 1960 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…

Acquittal

Murder–Dying Declaration—Acquittal- -Inconsistencies between dying declarations as recorded by Doctor and as recorded by Executive Magistrate (Tehsildar)–High Court acquitted accused by extending benefit of doubt—Held; when there are two reasonable views and the High Court adopted on possible view then no interference is called for in appeal

Feb 15, 2019 sclaw

2018(4) Law Herald (SC) 3164 : 2018 LawHerald.Org 1924 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Bhanumathi  Hon’ble Mr. Justice Vineet Saran Criminal Appeal No. 1791…

Acquittal

Law on circumstantial evidence when it comes to fixing guilt on those accused in a criminal case can be summarised in the following manner. “The law can be summarised in the following terms: 1. The circumstances relied upon by the prosecution which lead to an inference to the guilt of the accused must be proved beyond doubt; 2. The circumstances should unerringly point towards the guilt of the accused; 3. The circumstances should be linked together in such a manner that the cumulative effect of the chain formed by joining the links is so complete that it leads to only one conclusion i.e. the guilt of the accused; 4. That there should be no probability of the crime having been committed by a person other than the accused.“

Feb 12, 2019 sclaw

Law on circumstantial evidence when it comes to fixing guilt on those accused in a criminal case can be summarised in the following manner. “The law can be summarised in…

Acquittal

We would think in the circumstances of this case that the appellant cannot be convicted for the offence under Section 376. It would indeed be unsafe to convict him based on the testimony of the prosecutrix. He would certainly be entitled to the benefit of doubt created by the circumstances.

Feb 12, 2019 sclaw

  We would think in the circumstances of this case that the appellant cannot be convicted for the offenceunder Section 376. It would indeed be unsafe to convict him based on…

Acquittal

Acquittal–A judgment of acquittal passed should not be interfered with when two views are possible. Benefit of doubt–When trial Court finds so many infirmities in the prosecution version then trial Court left with no choice but to give benefit of doubt to accused–Acquittal by trial Court should not be interfered with unless it is totally perverse or wholly unsustainable.

Feb 9, 2019 sclaw

2009(1) LAW HERALD (SC) 385 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 992 of 2005…

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State Laws

Bombay Public Trusts Act, 1950 – The case involves the acceptance of Change Reports for the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, a Public Trust – The High Court invalidated the acceptance and remanded the matters for reconsideration – The main issue was the delay in filing the Change Report for the new Vahiwatdar of the Trust, which was submitted 17 years after the previous Vahiwatdar’s death – The Supreme Court set aside the High Court’s judgment, confirming the acceptance of Change Report Nos. 899 of 2015 and 1177 of 2017, allowing the civil appeals – The Court found that the delay in filing the Change Report was a curable defect and did not impact the legitimacy of the new Vahiwatdar’s assumption of office – The Court emphasized a liberal approach to condonation of delay, citing precedents.

Apr 28, 2024 sclaw
Service

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.

Apr 28, 2024 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 – Section 5(7) – “financial creditor” – The appeals challenge judgments related to the status of certain creditors of M/s. Mount Shivalik Industries Limited under the Insolvency and Bankruptcy Code, 2016 (IBC) – The primary issue is whether the respondents are financial creditors or operational creditors within the meaning of the IBC – The appellants argue that the respondents are operational creditors, as the agreements indicate services rendered to promote the corporate debtor’s products – The respondents contend that the agreements were a means to raise finance, making them financial creditors due to the interest-bearing security deposits – The Court upheld the NCLAT’s decision, recognizing the respondents as financial creditors based on the commercial effect of the transactions – The Court examined the true nature of the transactions and found that the arrangements had the commercial effect of borrowing, satisfying the criteria for financial debt under the IBC – The Court applied the definition of financial debt and operational debt from the IBC, emphasizing the disbursal against the consideration for the time value of money – The appeals were dismissed, confirming the respondents’ status as financial creditors and allowing the resolution process to continue accordingly – The Court’s detailed analysis affirmed the NCLAT’s interpretation of the IBC provisions.

Apr 28, 2024 sclaw
Family Court I P C

“Husband Has No Right On Wife’s Stridhan” Matrimonial Law – The appeal concerns a matrimonial dispute involving misappropriation of gold jewellery and monetary gifts – The appellant, a widow, married the first respondent, a divorcee, and alleged misappropriation of her jewelry and money by the respondents – The core issue is whether the appellant established the misappropriation of her gold jewellery by the respondents and if the High Court erred in its judgment – The appellant claimed that her jewellery was taken under the pretext of safekeeping on her wedding night and misappropriated by the respondents to settle their financial liabilities – The respondents denied the allegations, stating no dowry was demanded and that the appellant had custody of her jewellery, which she took to her paternal home six days after the marriage – The Supreme Court set aside the High Court’s judgment, upheld the Family Court’s decree, and awarded the appellant Rs. 25,00,000 as compensation for her misappropriated stridhan – The Court found the High Court’s approach legally unsustainable, criticizing it for demanding a criminal standard of proof and basing findings on assumptions not supported by evidence – The Court emphasized the civil standard of proof as the balance of probabilities and noted that the appellant’s claim for return of stridhan does not require proof of acquisition – The Supreme Court concluded that the appellant had established a more probable case and directed the first respondent to pay the compensation within six months, with a 6% interest per annum in case of default.

Apr 28, 2024 sclaw