Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Rape—Injuries on Prosecutrix—Gang Rape—Admittedly, there was a tussle at a time of alleged incident and she tried to save herself—However, victim has not sustained any injury except some bruises on her cheeks–Her clothes were not even soiled with mud—Accused acquitted Rape—Gang Rape—Medical record and the Doctor’s evidence do not specify whether there were any signs of forcible sexual intercourse-Accused acquitted Rape—Absence of semen—Gang Rape—Clothes worn by victim (petticoat) did not contain any seminal stain—Hard to believe that sexual assault had taken place on the victim—Accused acquitted Identification of Accused—Identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice.

Oct 28, 2018 sclaw

  2018(3} Law Herald (SC) 2274 : 2018 LawHerald.Org 1454 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice N.V. Ramana Honble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…

Acquittal

Rape—Medical Evidence—Doctor has opined that the possibility of sexual assault upon the victim cannot be ruled out, though she did not specify as to whether the sexual assault was in the recent past-­Accused acquitted.  Rape—Improbable Story—Prosecutrix specifically disposed that at the time of incident, the wife, children, sister and mother of the accused persons were present in the house—Accused acquitted.

Oct 27, 2018 sclaw

    2018(3) Law Herald (SC) 2237: 2018 LawHerald.Org 1488   SUPREME COURT OF INDIA DIVISION BENCH SHAM SINGH — Appellant  Vs.  STATE OF HARYANA — Respondent ( Before : N.V. Ramana and Mohan M…

Acquittal

When the doctor has given opinion that the suicide cannot be ruled out and the death of the deceased could have been due to suicide which was accepted by the High Court—Held; when the High Court has a view which is a plausible view such order does not call for interference—Acquittal upheld.

Oct 24, 2018 sclaw

2018(3) Law Herald (SC) 22O1 : 2018 LawHerald.Org 1443 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal Nos. 1496…

Acquittal

Forgery—An offence of forgery cannot lie against a person who has not created it or signed it—Making of document is different than causing it to be made. Forgery—Evidence on record clearly reveals that power of attorney was not executed by the complainant and the beneficiary was the accused—Still the accused cannot be convicted as both the accused cannot be held as maker of forged documents.

Jul 29, 2018 sclaw

(2018) AIR(SC) 2434 : (2018) CriLR 527 : (2018) 2 LawHerald(SC) 581 : (2018) 7 SCALE 362 SUPREME COURT OF INDIA DIVISION BENCH SHEILA SEBASTIAN — Appellant Vs. R. JAWAHARAJ — Respondent…

Acquittal

Criminal Procedure Code, 1973, S.378«Appeal against Acquittal- -When the High Court while reversing the decision of the Session Court acquits the accused and assigns the reasons by appreciating the entire evidence in support of the acquittal, then Supreme Court would not be inclined to interfere in the order of acquittal. 

Jul 8, 2018 sclaw

(2018) 102 ACrC 316 : (2018) 181 AIC 269 : (2018) 1 AICLR 273 : (2017) AIR(SCW) 5353 : (2017) AIR(SC) 5353 : (2018) ALLMR(Cri) 445 : (2018) 1 ApexCourtJudgments(SC)…

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