Bribe–Acquittal–Accused had no knowledge regarding the money being bribe.
2007(5) LAW HERALD (SC) 3796 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1309 of…
Murder–Acquittal–Non explanation of injuries on accused–There were large numbers of injuries on accused which were not superficial and some of them were even wounds–It cast a genuine doubt about the actual time, place, number of assailants and weapons for the injuries.
2007(5) LAW HERALD (SC) 3746 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 54 of…
Relative witness–The mere fact that all the said eye-witnesses belong to one family cannot be a reason to disbelieve their evidence.
2007(5) LAW HERALD (SC) 3699 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 258 of…
Dishonour of Cheque–Acquittal–High Court proceeded on the premise that the appellant had not been able to discharge his burden of proof in terms of Section 139 of the Act without posing unto itself a further question as to how the said burden of proof can be discharged.
2007(5) LAW HERALD (SC) 3610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1410 of…
Appeal against acquittal–The High Court, if it reaches a conclusion that on the evidence on record it is not reasonably possible to take another view, it may be justified in setting aside the order of acquittal.
2007(5) LAW HERALD (SC) 3537 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice H.S. Bedi Civil Appeal No. 1152 of…
Indian Penal Code, 1860, S.302–Murder–Circumstantial Evidence-Before a person is convicted entirely on circumstantial evidence, the Court must be satisfied not only that those circumstances are consistent with his having committed the act,
2017(1) Law Herald (SC) 328 : 2016 LawHerald.Org 2497 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr, Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy Criminal…
Murder—Acquittal—Names of accused persons were revealed for first time in Court—Unsafe to convict them only on basis of statement of chance witness.
2007(5) LH (SC) 3426 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 752-755 of…
Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.
AIR 2004 SC 4298 : (2004) CriLJ 4185 : (2004) 7 JT 509 : (2004) 7 SCALE 282 : (2004) 7 SCC 792 : (2004) 3 SCR 894 Supp…
Criminal Procedure Code, 1973 (CrPC) – Section 378 – Appeal – Acquittal – Interference with possible reasonable view – Sole testimony of complainant alleged to have been beaten by the accused persons – The complainant reaching the place of occurrence by chance – Improbability of prosecution case – Order of acquittal, restored.
AIR 1977 SC 1213 : (1977) 4 SCC 598(1) SUPREME COURT OF INDIA JIMMY HOMI BHARUCHA — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : S. Murtaza…
Penal Code, 1860 (IPC) – Sections 306, 107, 109 – Abetment of suicide – Ingredients of offence – Prosecution must prove direct or indirect acts of incitement to commission of suicide – Mere allegations of harassment would not be sufficient
AIR 2007 SC 2457 : (2007) 4 CTC 158 : (2007) 8 SCALE 591 : (2007) 10 SCC 797 : (2007) 7 SCR 1051 : (2007) AIRSCW 4380 :…