Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Indian Penal Code, 1860, S.302 & S.392–Murder–Last Seen Together-Adverse Inference-Robbery–Recovery of stolen items-Acquittal-Recovery of ornaments of the deceased from the accused or production of the same by the accused in the course of investigation, howsoever suspicious, cannot be conclusive of the question of the accused having committed the murder

Jul 8, 2017 sclaw

2017(1) Law Herald (SC) 250 : 2017 LawHerald.Org 519 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…

Acquittal

Penal Code, 1860 (IPC)-Section 300 – Murder – Custodial death – Case based on circumstantial evidence – Deceased allegedly brought to police station where he died of injuries from severe beating – No evidence about offence in regard to which deceased was brought to police station – No evidence to prove alleged beating – Prosecution case not supported by medical evidence – Circumstances not sufficient to prove guilt of accused – Conviction set-aside.

Jul 6, 2017 sclaw

  AIR 1998 SC 370 : (1998) CriLJ 662 : (1998) 4 JT 384 : (1997) 7 SCALE 30 : (1998) 9 SCC 17 : (1997) 5 SCR 154 Supp…

Acquittal

Penal Code, 1860 (IPC) – Sections 302/34 – Murder – Circumstantial evidence – Prosecution is to prove all links in the chain by leading evidence – Prosecution case that another person involved in the case, whose name never figured during investigation, was not arrested – Evidence of “last seen” with deceased not trustworthy for the reason that a businessman would not ordinarily go to a small shop to take tea with a rickshaw puller

Jun 18, 2017 sclaw

  AIR 2006 SC 2242 : (2006) CriLJ 2920 : (2006) 11 JT 298 : (2006) 5 SCALE 467 : (2006) 10 SCC 182 : (2006) 2 SCR 881 Supp…

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I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Aug 1, 2025 sclaw
I P C

Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

Aug 1, 2025 sclaw
I P C

Criminal proceedings may be quashed if cheating or criminal breach of trust elements are absent, or if civil disputes are wrongly criminalized, amounting to abuse of process.- Section 420 — Cheating — Ingredients not made out — Agreement to Sell for property was executed, but possession was not handed over as stipulated in the ATS — No fraudulent or dishonest inducement found — Criminal proceedings quashed.

Aug 1, 2025 sclaw
Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Delay in deciding disqualification petitions — Speaker’s duty to decide expeditiously — Held, Speaker is bound to decide disqualification petitions within a reasonable period.

Aug 1, 2025 sclaw