Category: 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.

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…

(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).

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.…

In explaining the circumstances appearing in the evidence against the appellant in terms of the provisions of Section 313 of the Code of Criminal Procedure, 1973, there was no summing­up of any evidence specifically against the appellant by the Trial Court – Conviction and sentence is set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH AMOL BHASKARRAO WAGHMARE — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : Aniruddha Bose and Rajesh Bindal, JJ. ) Criminal Appeal No.744…

Section 106 of the Evidence Act does not absolve the prosecution of discharging its primary burden of proving the prosecution case beyond reasonable doubt – It is only when the prosecution has led evidence which, if believed, will sustain a conviction, or which makes out a prima facie case, the question arises of considering facts of which the burden of proof would lie upon the accused

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…

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.

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…