Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Acquittal

Acquittal

Acquittal – Criminal conspiracy and dishonestly receiving stolen property – Sole connecting evidence that the recovery based on disclosure statements of accused, along with those of the other co-accused but this evidence is not sufficient to qualify as “fact … discovered” within the meaning of Section 27 of Evidence Act, 1872 – Conviction and sentence set-aside – Appeal allowed.

Aug 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR SONI AND OTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…

Acquittal

There is not only a grammatical but a legal distinction between “may be proved” and “must be or should be proved” – Facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty – – Conviction and sentence set aside – Appeal allowed.

Aug 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMAL — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : B.R. Gavai and Prashant Kumar Mishra, JJ. ) Criminal Appeal No.…

Acquittal

Penal Code, 1860 (IPC) – Sections 366, 376, 376(2)(g), 342, 506 and 34 – Rape – Acquittal – Clothes of prosecutrix handed over to the police were having stains of semen, however, no scientific evidence was produced to link the same with the accused – Conviction and sentence set aside – Appeal allowed

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND ANOTHER — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Criminal Appeal…

Acquittal CBI Circumstantial Evidence

Murder – Acquittal – circumstances found proved do not constitute a chain so far complete as to indicate that in all human probability it were the accused persons and no one else who committed the crime – In such a situation, there was no option for the trial court but to extend the benefit of doubt to the accused – Order of acquittal upheld – Appeal dismissed.

Jul 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BUREAU OF INVESTIGATION — Appellant Vs. SHYAM BIHARI AND OTHERS — Respondent ( Before : B. V. Nagarathna and Manoj Misra, JJ. )…

Acquittal I P C

(IPC) – Sections 376, 452 and 506 – Rape – where there is a gap or infirmity in the prosecution case which could have been supplied or made good by examining a witness who though available is not examined, the prosecution case can be termed as suffering from a deficiency and withholding of such a material witness would oblige the court to draw an adverse inference against the prosecution

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DAVINDER SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Surya Kant and M. M. Sundresh, JJ. ) Criminal Appeal No.…

Acquittal Circumstantial Evidence

Circumstantial evidence – they must exclude all hypotheses consistent with the innocence of the accused and inconsistent with his guilt – Incriminating circumstances were not proved beyond reasonable doubt and otherwise also the circumstance of last seen was inconclusive – Appeal dismissed.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF PUNJAB — Appellant Vs. KEWAL KRISHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Criminal Appeal No. 2128…

Acquittal

Murder – In the absence of any credible eye witness to the incident and the fact that the presence of the accused appellants at the place of incident is not well established – Constrained to accord benefit of doubt to both the accused appellants – Conviction and sentence is set aside – Appeal allowed.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD. MUSLIM — Appellant Vs. STATE OF UTTAR PRADESH (NOW UTTARAKHAND) — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal…

Acquittal CBI Corruption

(CrPC) – Section 306(4)(a) – Prevention of Corruption Act, 1988 – Section 5(2) – In cases where the Special Court decides to proceed with a case under Section 5(2) of the Prevention of Corruption Act, there is no need to consider the requirement of the approver being examined as a witness in the Magistrate’s Court according to Section 306(4)(a).

Jul 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH A. SRINIVASULU — Appellant Vs. THE STATE REP. BY THE INSPECTOR OF POLICE — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ.…

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C P C

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Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

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Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw
Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw