Supreme Court of India Judgements

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Category: Acquittal

Acquittal

HELD the accused having secured the acquittal, the presumption of their innocence gets further reinforced and strengthened. Therefore, the appellate court ought not to lightly interfere with the order of acquittal recorded by the trial court unless there is gross perversity in the appreciation of the evidence and even if two views are possible, it should follow the view taken by the trial court rather than choosing the second possible version.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FEDRICK CUTINHA — Appellant Vs. STATE OF KARNATAKA — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No. 2251…

Acquittal Corruption

Prevention of Corruption Act, 1988 – Sections 7, 13(2) read with Section 13(1)(d) – Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by clauses (i) and (ii) of Section 13(1)(d) cannot be proved – Conviction and sentence is set aside – Appeal allowed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOUNDARAJAN — Appellant Vs. STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE ANTICORRUPTION DINDIGUL — Respondent ( Before : Abhay S. Oka and Rajesh…

Acquittal

Prevention of Food Adulteration Act, 1954 – Sections 7, 16(1)(a)(i) and 19(2) – Appellant who sold the article of food after purchasing the same from the manufacturer through the invoices which contained the warranty as prescribed under the Act and the Rules – Hence, he had the protection available under Section 19(2)(a) of the Act – Conviction and sentence is set aside – Appeal allowed.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SRI MAHAVIR AGENCY AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL AND ANOTHER — Respondent ( Before : Abhay S. Oka…

Acquittal

Acquittal – Identity of the named accused as assailants of the deceased has not been established in the Court beyond a reasonable doubt – Then what remains is the evidence of the alleged recovery of the weapons of assault at the instance of the accused – Conviction cannot be sustained only on the basis of the alleged recovery

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM AND OTHERS — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal…

Acquittal

(IPC) – Ss 394 and 397 – Arms Act, 1959 – S 25 – Robbery with voluntarily causing hurt – Presence of accused at the scene of crime and recovery of pistol from him becomes highly doubtful and the guilt of the accused having not been proved beyond reasonable doubt, conviction and sentence cannot be upheld.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANWAR @ BHUGRA — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Criminal Appeal…

Acquittal

(IPC) – Ss 302 & 149 – Murder – Acquittal – scribe of FIR not examined – PW-1 stated that she had no knowledge of the contents of the FIR -Death was homicidal but not convinced that the prosecution has established the case beyond reasonable doubt against the accused appellants – Conviction and sentence are set aside

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH PULEN PHUKAN AND OTHERS — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : B.R. Gavai, Vikram Nath and Sanjay Karol, JJ.…

Acquittal Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 9 (2) – a casual or cavalier approach should not be taken in determining the age of the accused or convict on his plea of juvenility, but a decision against determination of juvenility ought not to be taken solely for the reason that offence involved is heinous or grave HELD Going by that certificate, his age at the time of commission of offence was 12 years and 6 months. Thus, he was a child/juvenile on the date of commission of offence for which he has been convicted

Mar 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NARAYAN CHETANRAM CHAUDHARY @APPLELLANT Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : K.M. Joseph, Aniruddha Bose and Hrishikesh Roy, JJ. ) Criminal…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw