Supreme Court of India Judgements

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Category: Acquittal

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder of female colleague – Dying declarations – It is an established principle that a dying declaration, if it is free of tutoring, prompting, etc. can form the sole basis of conviction – For instance, nothing on record indicates- the ownership of a vehicle by the convict-appellant; any disagreement or animosity between the convict-appellant and the deceased, that is of such an extreme nature as to set her on fire; any connection between the convict-appellant and the inflammable substance used to kill the victim such as the record of purchase or statement of any person to show such substance to be in possession of the convict-appellant, etc – Conviction and sentence set aside – Acquittal.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK SHARMA — Appellant Vs. STATE (GOVT. OF NCT OF DELHI) — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. )…

Acquittal Narcotics

(NDPS) – Section 52A – Disposal of contraband – Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient compliance of the mandate of subsection (2) of Section 52A of the NDPS Act- No evidence has been brought on record to the effect that the procedure prescribed under subsections (2), (3) and (4) of Section 52A of the NDPS Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by the Magistrate – No evidence has also been brought on record that the samples were drawn in the presence of the Magistrate and the list of the samples so drawn were certified by the Magistrate – Conviction and sentence set aside – Appeal allowed.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YUSUF @ ASIF — Appellant Vs. STATE — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No. 3191…

Acquittal

Penal Code, 1860 (IPC) – Sections 302 and 201 read with Section 34 – Murder – Acquittal – Lack of proper test identification parade – Non-examination of key eyewitness who was present when the accused and deceased were last seen together – It becomes very doubtful as the accused was shown to the witness in the office of the Superintendent of Police, only with a view to see that he identifies the accused in the court – This procedure is not known to law – Conviction and sentence set aside – Appeal allowed.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD. RIJWAN — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal No.…

Acquittal

Penal Code, 1860 (IPC) – Section 302 – Murder – Acquittal – Judgment of acquittal can be reversed by the Appellate Court only when there is perversity and not by taking a different view on reappreciation of evidence – If the conclusion of the Trial Court is plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the accused – Conviction and sentence set-aside – Appeal allowed.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RUPESH MANGER (THAPA) — Appellant Vs. STATE OF SIKKIM — Respondent ( Before : J.B. Pardiwala and Prashant Kumar Mishra, JJ. ) Criminal Appeal…

Acquittal

When there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other – In such a case, the cases of both the accused will be governed by the principle of parity – This principle means that the Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination – Conviction and sentence set-aside – Appeal allowed.

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAVED SHAUKAT ALI QURESHI — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal…

Acquittal

In this case, the appellant and the deceased were in a romantic relationship – However, when the deceased stopped communicating with the appellant, the appellant became upset – There was an altercation between them, witnessed by the deceased’s mother – conviction under Section 302 of the IPC is alter to Section 304 part II, and the appellant is sentenced to the period of imprisonment already served – If not needed in any other case, the appellant shall be released immediately – Appeal partly allowed.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH N. RAMKUMAR — Appellant Vs. THE STATE REP. BY INSPECTOR OF POLICE — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…

Acquittal Dying Declaration

There is no hard and fast rule for determining when a dying declaration should be accepted; the duty of the Court is to decide this question in the facts and surrounding circumstances of the case and be fully convinced of the truthfulness of the same – although the accused has been named in the two dying declarations as a person who set the room on fire yet the surrounding circumstances render such statement of the declarants very doubtful – Appellant directed to be released – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH IRFAN @ NAKA — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai, J.B. Pardiwala and Prashant Kumar Mishra,…

Acquittal

Murder – Acquittal – Case of prosecution is entirely based on the extra-judicial confession – for the reasons recorded, it is not possible to accept the case of the prosecution which is entirely based on the extra-judicial confession made by the appellant – Thus, there was no legal evidence on record to convict the appellant.

Aug 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOORTHY — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No.975…

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.…

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