Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Penal Code, 1860 (IPC) – Section 302 read with 34 and 120B – Murder – The Court found that the prosecution failed to establish that the discovery of the body was solely based on the appellants’ statements and that the chain of evidence was incomplete – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the guilt and exclude all other hypotheses – The Supreme Court concluded that the prosecution did not prove the case beyond reasonable doubt, leading to the acquittal of the appellants.

Apr 14, 2024 sclaw

2024 INSC 299 SUPREME COURT OF INDIA DIVISION BENCH RAVISHANKAR TANDON — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and 201 – Evidence Act, 1872 – Section 27 – Murder – Causing disappearance of evidence of offence, or giving false information to screen offender – How much of information received from accused may be proved – The Court found the circumstances not conclusive and not consistent only with the hypothesis of the appellant’s guilt – The Court applied the principles for circumstantial evidence, emphasizing that the circumstances must fully establish the conclusion of guilt and exclude other hypotheses – The appellant’s conviction was not sustained due to doubts about the prosecution’s story and the failure to prove all circumstances forming the chain of evidence – Acquittal.

Apr 14, 2024 sclaw

2024 INSC 298 SUPREME COURT OF INDIA DIVISION BENCH ARUN SHANKAR — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan,…

Acquittal Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Acquittal -The High Court’s judgment, which upheld the acquittal, was based on the absence of valid documentary evidence of any enforceable debt or liability – Both appellate courts found no evidence of an “enforceable debt or other liability,” which is crucial for the petitioner’s case under Section 138 – The courts applied the principle of balance of probabilities and concluded that the respondent’s defence was plausible – The Supreme Court dismissed the petitions, finding no perversity in the appellate courts’ findings and no point of law warranting interference.

Apr 14, 2024 sclaw

2024 INSC 288 SUPREME COURT OF INDIA DIVISION BENCH M/S RAJCO STEEL ENTERPRISES — Appellant Vs. KAVITA SARAFF AND ANOTHER — Respondent ( Before : Aniruddha Bose and Sanjay Kumar,…

Acquittal Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 29 read with 20(b)(ii)(c) and 25, 67, 41 to 44 – The court discussed the applicability of Section 67 statements and the compliance with Sections 41 to 44 of the NDPS Act – By virtue of the decision in Tofan Singh, the benefit is to be granted to the appellants herein in regard to the inadmissibility of their statements under Section 67 of the NDPS Act 1985 – These appeals are allowed by setting aside the impugned judgment of the High Court as well as that of the Trial Court – The appellants are acquitted of the charges framed against them by giving benefit of doubt.

Apr 14, 2024 sclaw

2024:INSC:290 SUPREME COURT OF INDIA DIVISION BENCH SMT. NAJMUNISHA SOLE APPELLANT IN CRIMINAL APPEAL NO. 2319 OF 2009 AND ABDUL HAMID CHANDMIYA ALIAS LADOO BAPU SOLE APPELLANT IN CRIMINAL APPEAL…

Acquittal

The court found that the eyewitnesses were tutored by the police, which undermined the prosecution’s case – The absence of independent eyewitness testimony further weakened the case – The court acquitted the appellants due to the substantial doubt raised about the prosecution’s case and ordered an inquiry into the police’s conduct – The appellants had already served over 10 years of incarceration.

Apr 7, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANIKANDAN — Appellant Vs. STATE BY THE INSPECTOR OF POLICE — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal…

Acquittal

Supreme Court found that the High Court’s judgment was based on conjectures and did not properly consider the trial court’s detailed analysis of evidence – The Supreme Court allowed the appeal, quashed the High Court’s judgment, and acquitted the appellants, stating that the prosecution failed to establish guilt beyond reasonable doubt.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BALLU @ BALRAM @ BALMUKUND AND ANOTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : B.R. Gavai and Sandeep…

Acquittal

Penal Code, 1860 – Section 306 – Abetment of suicide – Citing precedents, the Court notes that mere harassment without proximate positive action leading to suicide does not constitute abetment – The Court quashes the proceedings against the appellant, stating no offence is made out against her, but allows the trial to proceed against other accused.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMUDHA — Appellant Vs. THE STATE REPRESENTED BY THE INSPECTOR OF POLICE AND ANOTHER — Respondent ( Before : Abhay S. Oka and Ujjal…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and Section 304 Part-I – Murder – Acquital – The Supreme Court finds that the prosecution has not fully established the circumstances necessary for a conviction based on circumstantial evidence, as required by the precedent set in Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 – The Supreme Court allows the appeal, acquits the appellants of all charges, and orders their immediate release, citing insufficient evidence to prove guilt beyond a reasonable doubt.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAGHUNATHA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal Appeal…

Acquittal

Penal Code, 1860 (IPC) – Sections 109, 302 and 307 – Murder – Appeal against conviction – Court found inconsistencies in testimonies, lack of independent witnesses, and lapses in the police investigation – The Court discussed the right of private defense and the standards for “interested” versus “independent” witnesses – This Court allowed the appeals, set aside the convictions, and directed the release of both appellants, citing reasonable doubt in the prosecution’s case.

Mar 23, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PERIYASAMY — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : Hrishikesh Roy and Sanjay Karol, JJ. )…

Acquittal POCSO

Protection of Children from Sexual Offences Act, 2012 – Supreme Court found significant discrepancies and contradictions in the prosecution witnesses’ testimonies, including the victim’s, casting doubt on the prosecution’s version of events – Due to these inconsistencies and lack of corroborative evidence, the Supreme Court acquitted the appellants, setting aside their convictions and sentences – The judgment emphasizes the importance of credible evidence and the consequences of accusations on the lives of individuals, highlighting the need for careful examination of testimonies in sexual harassment cases.

Mar 12, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH NIRMAL PREMKUMAR AND ANOTHER — Appellant Vs. STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : Dipankar Datta, K.V. Viswanathan and Sandeep…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw