A. Fundamental Rule 54-B—Suspension and Reinstatement—When a government servant is reinstated after suspension, the competent authority must pass a specific order regarding the pay and allowances for the suspension period and determine whether such period is to be treated as duty for all purposes. B. Fundamental Rule 54-B(3) & (4)—Unjustified Suspension—If the suspension is found to be wholly unjustified, the employee is entitled to full pay and allowances for the entire suspension period and the period must be treated as duty. C. Service Law—Acquittal and Reinstatement—Where an employee is acquitted in criminal proceedings and no departmental proceedings are initiated, the employee is deemed fully exonerated and cannot be denied consequential service benefits. D. Service Law—“B...

Penal Code, 1860—Sections 302/34 and 201/34; Circumstantial Evidence; Homicidal Death; Benefit of Doubt: Conviction for murder and causing disappearance of evidence under Sections 302/34 and 201/34 IPC requires proof of homicidal death—Where the deceased died from burn injuries within two months of marriage, and medical evidence (post-mortem report and PW-8 testimony) did not indicate external or internal injuries suggestive of violence, the foundational requirement of homicidal death was unproven—Circumstantial evidence, including “last seen together” theory, cannot substitute for lack of homicidal proof, particularly when witnesses and diary entries suggest suicide—Inconsistent and insufficient evidence breaks the chain required to establish guilt—Convictions under Sections 302/34 and 201/34 IPC...

A. Penal Code, 1860—Sections 302 & 201—Circumstantial evidence—Last seen together—Sufficiency—Conviction for murder and causing disappearance of evidence cannot be sustained solely on the basis of the “last seen together” theory—Unless the time gap between the accused being last seen with the deceased and the discovery of the dead body is so small as to rule out the possibility of intervention by any third person, and unless supported by other corroborative circumstances, the last seen circumstance by itself is a weak piece of evidence and insufficient to complete the chain of circumstantial evidence. (Paras 23–29, 34) B. Evidence Act, 1872—Section 106—Scope and limitation—Burden of proof—Section 106 of the Evidence Act does not relieve the prosecuti...

(A) Penal Code, 1860 — Sections 302, 308, 325 — Evidence Act, 1872 — Section 106 — Criminal Trial — Conviction for Murder and Grievous Hurt—Benefit of Doubt—Inconsistent Evidence — HELD : In a case involving charges of murder and causing grievous injuries, the conviction was set aside due to serious inconsistencies and contradictions in the testimonies of key prosecution witnesses — The Court found that the statements of eyewitnesses lacked coherence and reliability, and there was no independent or corroborative evidence to support the prosecution’s version — Material objects allegedly recovered were not conclusively linked to the accused, and significant lapses in the investigation, including failure to follow proper forensic procedures, further weakened the case...

Prevention of Corruption Act, 1988—S. 7 and 13(1)(d) r/w 13(2)—Demand and Acceptance of Illegal Gratification—Presumption under S. 20—Standard of Proof—Held: To sustain a conviction under Sections 7 and 13 of the Prevention of Corruption Act, proof of demand and voluntary acceptance of illegal gratification beyond reasonable doubt is essential—The presumption under Section 20 does not arise unless demand is first established—Contradictions in prosecution evidence, absence of independent corroboration, and inconsistencies in the trap process, including failed phenolphthalein test, and questionable recovery of tainted money, create reasonable doubt—Animus between complainant and accused, coupled with a lack of credible evidence on the core aspect of demand, warranted benefit of doubt to be ext...

Criminal Procedure Code, 1973—Section 374(2)—Appeal against Conviction—Benefit of Doubt—Hostile Witnesses—Non-Examination of Independent Witnesses—Failure to Prove Material Facts—Acquittal—In an appeal challenging conviction under Sections 450, 376/511 IPC and Section 25(1-B)a of the Arms Act, the Patna High Court held that the prosecution failed to prove its case beyond reasonable doubt—The informant (PW-1) and victim (PW-2), declared hostile, did not support the allegations—Independent witnesses were not examined, and seized materials were not brought before the Court—Contradictions emerged regarding the place of occurrence, as the I.O. stated the house lacked a door, contrary to the prosecution's case—Further, failure to question the accused on incriminating ci...

Doubt—Code of Criminal Procedure, 1973—Section 374 (2)—Indian Penal Code, 1860—Sections 328 and 403—Offence under—Conviction—Appeal against—Legality of—PW1 narrated entire details of turmoil as happened to him—When he came to Mussoorie for honeymoon—Evidence of PW1 though support the theory given in first information report—There is nothing on record to prove guilt of appellant to hilt and beyond all reasonable doubts—Neither the remaining cold drink nor glass was sent for chemical examination—Prosecution could not prove that what was that poison, stupefying, intoxicating or unwhole some drug—Which was administered to informant—It has also not been proved that article which were described by informant in first information report were never reco...

(A) Benefit of doubt—Indian Penal Code, 1860—Section 302— Murder—Convictional and sentence—Appeal—Dismissed by High Court—High Court directed the appellants ‘M’ and ‘S’, who were on bail. to surrender before trial Court to serve out remaining period of their sentence within 30 days—SLP against order—Since no weapon of offence was seized—No ballistic report was called for and obtained—Although ‘G’ contended that ‘M’ had a licensed gun—Supreme Court has not been able to trace any evidence in records in regard thereto—Defect in investigative process—Evidence led by prosecution threat bare and refrained from giving primary to negligence of IO—Held that charge that appellants had murdered ‘M’ can...

Benefit of doubt—Indian Penal Code, 1860—Section 302 readwith Section 149—Murder—Conviction and sentence—Affirmed by Division Bench of High Court—Judgment challenged on behalf of accused Nos. 2 and 4 to 6—Hence filed present appeals—Determination of—PW1 in his complaint, referred to six unknown persons committing crime—He states that he knows accuse—He admitted that he has not given any details as to whether accused persons were tall, short, dark or fair—SubInspector did not seize clothes of PW1—He admitted there were various other person, apart from PW1—Who had witnessed the incident but he did not make any enquiry with them—Recoveries are also not free from doubt—Conviction could not be sustained—Prosecution has failed to prove case bey...

Benefit of doubt—Narcotic Drugs an Psychotropic Substances Act, 1985—Section 20—Recovery Charas—Conviction and sentence—Upheld by High Court—Legality—Determination of—Spot where recovery was made is wrong and incorrect—PW4 has accepted that he had not put his signature on arrest memo—Second attesting witness, Head constable ‘J’ did not depose as a witness—No Public witness—Lacunae and gaps in case of prosecution—Appellant must be given benefit of doubt— Conviction and sentence aside—Appeal allowed. (Paras 7 to 11) ...

Penal Code, 1860 (IPC)—Section 302 read with 149—Murder—Benefit of doubt—Benefit of doubt was granted to the appellants due to significant discrepancies and inconsistencies in the testimonies of prosecution witnesses. The corroboration provided by the prosecution regarding the alleged recovery of weapons used in the crime was also viewed with doubt—Despite the availability of independent witnesses, the prosecution failed to produce their testimonies. Consequently, this case warranted the appellants to be granted the benefit of doubt, leading to the allowance of their appeal. ...

Penal Code, 1860 (IPC)—Sections 376(1) and 450—Rape— Material contradictions — Benefit of doubt — Acquittal—rape—material contradictions in the evidence have raised reasonable doubt, resulting in an acquittal. Initially, an FIR was lodged against the accused, and the investigation was conducted by the officer in charge. During the proceedings, the accused consistently denied the allegations—Upon a thorough review of the evidence, both the trial court and the High Court had found the accused guilty of offenses under Sections 376(1) and 450 of the IPC. However, it is contended that the prosecutrix's account lacks support from medical evidence, as there were no traces of semen or blood found on her clothing, which significantly questions her credibility—Upon close examination of the p...

Penal Code, 1860 (IPC)—Section 379-A—Test Identification Parade—Doubts arise about the eyewitness's ability to identify the accused due to the brief encounter during the alleged mobile phone snatching and the significant time gap before identification in court. Moreover, the phone's recovery was linked to a co-accused's statement. Consequently, the appellant is given the benefit of doubt, as the prosecution fails to prove guilt beyond reasonable doubt, leading to the appeal's allowance. ...

Penal Code, 1860—Sections 279, 337, 338, 304-A—Rash and Negligent Driving—Identity of Driver—Benefit of Doubt—Revision—Held: Conviction of the petitioner for causing death and injuries by rash and negligent driving unsustainable—Evidence of several prosecution witnesses indicated that the petitioner was not driving the vehicle at the time of the accident; regular driver had handed over the Maxicab to another person midway—No reliable evidence was produced to establish rash or negligent driving by the petitioner—Non-examination of the doctor who conducted the autopsy created a serious gap in the prosecution case and resulted in miscarriage of justice—Prosecution failed to prove the manner of accident or causal link between alleged negligent driving and death—Giving benefit o...

Penal Code, 1860—Section 376 and 325—POCSO Act, 2012—Section 6—Juvenile Justice Act, 2015—Section 75— Indecisiveness of age—determination—Benefit of doubt— Whether the lower of the age or the higher of the age is to be taken—Held, it is settled position of law that benefit of doubt, other things being equal, at all stages goes in favour of the accused. [Triveniben v/s State of Gujarat, (1989) 1 SCC 678 and Maru Ram v/s Union of India, (1981) 1 SCC 107—Relied upon]...

Penal Code, 1860—Sections 304B, 498A—Dowry Death—Cruelty or Harassment for Dowry—Ingredients not proved—Benefit of Doubt—Acquittal Proper—Where the prosecution failed to establish that the deceased was subjected to cruelty or harassment by her husband or his relatives in connection with demand for dowry either before or after marriage, conviction of the husband under Sections 498A and 304B IPC cannot be sustained—Evidence of parents and siblings of the deceased revealed that the only cause of quarrel between the couple was that the husband did not send the deceased to her parental house; no proof of dowry demand or harassment soon before death—Doctor’s evidence showing death due to suicide by hanging—absence of injuries—indicates voluntary act—Presumption under ...

Penal Code, 1860—Sections 325 and 34—Voluntarily causing grievous hurt—Common intention—Appreciation of evidence—Delay in lodging complaint—Medical evidence—Benefit of doubt—Acquittal—Appellant-accused No.2 was convicted under Section 325 read with Section 34 IPC and sentenced to undergo four years’ simple imprisonment for allegedly assaulting deceased Basavaraju, who succumbed to infection (necrotizing fasciitis) two months after the incident—Prosecution case was that the deceased, a relative of the accused, went to their house to demand repayment of ₹2,000 lent by his mother, where a quarrel ensued and he was assaulted—Held, conviction unsustainable—None of the alleged eye-witnesses supported the prosecution—Statement of the deceased recorded by a head...

Criminal Law—Indian Penal Code, 1860—Sections 120-B, 307, 392, 397 r/w 34—Criminal Procedure—Appeal Against Acquittal—Benefit of Doubt—Injured Witness—Delay in FIR—Hostile Witness—Acquittal Upheld—Complainant alleged that her brother-in-law (A1) and others conspired to murder and rob her—Alleged motive due to property dispute and alleged harassment—Injured witness supported case, but no corroborating evidence on material aspects—Recovery of stolen items not trustworthy—Delay in lodging complaint unexplained—No identification of assailants—Hostile key witnesses—Trial court acquitted all accused—Held: Acquittal based on reasonable appreciation of evidence, no perversity or illegality found—Appeal dismissed. ...

Denial of the full service benefits—Appellant was denied full service benefits during his period out of service due to a criminal conviction—The High Court acquitted him based on the benefit of doubt, but the Supreme Court found no merit in his appeal, stating it wasn't an honorable acquittal—Therefore, the appeal was dismissed, and no costs were awarded. ...

Criminal Law—Indian Penal Code, 1860—Section 302—Conviction Based on Insufficient Evidence—Benefit of Doubt—Appeal filed against conviction under Section 302 IPC and sentence of life imprisonment imposed by the Fast Track Sessions Court-XVII, Bengaluru—Upon re-appreciation of evidence, the appellate Court held that the prosecution failed to establish the guilt of the accused beyond reasonable doubt—Material on record revealed inconsistencies, inherent improbabilities, and doubtful circumstances which were not properly evaluated by the Trial Court—Reliance placed solely on uncorroborated prosecution testimony without proper scrutiny rendered the conviction unsustainable—Finding that the prosecution case lacked reliability and the chain of circumstances was incomplete, the Court extended...

Criminal Appeal—Murder—Appreciation of Evidence—Reliability of Eye-witnesses—Benefit of Doubt—The appellants challenged their conviction for offences under Sections 302, 143, 147, 148 and 447 IPC—The prosecution case rested primarily on the testimony of three related eye-witnesses who claimed to have witnessed a triple murder while allegedly hiding behind a thorny bush—The High Court found the eye-witness version to be inherently improbable, artificial and inconsistent with medical evidence—The alleged vantage point of the witnesses was not established; the presence of bushes was not supported by spot sketch or photographic evidence—The narration of specific assaults by each accused was found unnatural, given the speed and nature of the incident—Serious inconsistencies existed be...

Penal Code, 1860—Sections 302, 392—Appeal against acquittal—Circumstantial evidence—Chain of circumstances not complete—Benefit of doubt. Prosecution case rested entirely on circumstantial evidence relating to alleged last-seen theory, extra-judicial confession, recovery of stolen ornaments, recovery of blood-stained clothes, abscondence of accused and presence of scratch injuries—Trial Court, upon appreciation of evidence, found that except minor scratch injuries on the accused, all other circumstances were not proved beyond reasonable doubt due to inconsistencies, delayed disclosures, unreliable recovery proceedings, improper sealing of material objects, doubtful extra-judicial confession and lapses in investigation—Held, mere suspicion, however strong, cannot take the place of proof—Wher...

Penal Code, 1860 (IPC)—Section 302—Criminal Law—Homicide—Unlawful Assembly—Burden of Proof—Acquittal of Co-accused—Benefit of Doubt—Where the deceased was assaulted and killed on the terrace of the accused’s house, conviction of co-accused depends on presence, participation, and overt acts—The trial court convicted only the principal accused who inflicted fatal injuries with an axe, while acquitting others (accused Nos. 2 to 6) due to lack of cogent evidence regarding their presence or specific participation—Allegations against co-accused, including throwing chilli powder, were found to be unsupported by medical or inquest evidence and considered an afterthought—Eyewitness accounts were inconsistent and could not reliably establish involvement—In cases of doubt,...

Indian Penal Code, 1860—Section 395—Robbery—Appeal against Acquittal—Identification of Accused—Benefit of Doubt—Appeal filed by the State challenging the acquittal of accused Nos. 2 and 5 for the offence punishable under Section 395 IPC dismissed—Trial Court had acquitted the accused on the ground that the prosecution failed to establish their involvement beyond reasonable doubt—Evidence of P.Ws. 3 and 4 regarding identification of accused was rightly disbelieved, as the incident had occurred in a pitch-dark area and the witnesses had no prior acquaintance with the accused. No Test Identification Parade was conducted and there was no reliable corroborative evidence connecting the accused with the alleged offence—Once the identification evidence is discarded, nothing substantial remains...

Criminal Procedure Code, 1973—Section 378—Indian Penal Code, 1860—Section 302—Murder—Appeal Against Acquittal—Circumstantial Evidence—Benefit of Doubt—The appellant challenged the acquittal of the accused by the trial court in a murder case under Section 302 IPC—The prosecution relied on circumstantial evidence, including alleged motive, the deceased being last seen in the company of the accused, and recovery of incriminating materials—The High Court noted serious inconsistencies and deficiencies in the prosecution evidence: the last-seen witness’s testimony was unreliable; recovery of the weapon (chopper) and mobile phone was contradictory and uncorroborated; and the alleged motive was vague and remote—Scientific evidence and timelines were also questionable—Th...

Criminal Law—Indian Penal Code, 1860—Sections 427, 332, 34—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Acquittal for Lack of Evidence—Benefit of Doubt—Appeal by accused 16 and 19 against the judgment of the II Additional Sessions Judge and Special Judge, Bengaluru Rural District, convicting them for offences under Sections 427 read with Section 34 and Section 332 IPC, arising from a violent incident on 24-05-1996—The prosecution alleged that a large mob assaulted public servants and caused property damage, and accused 16 and 19 were found guilty while other accused were acquitted. ...

Penal Code, 1860 (IPC)—Section 143, Section 148—Criminal Trial—Seizure of Articles, Forensic Evidence, and Ocular Testimony—Benefit of Doubt—The case pertains to the conviction of multiple accused in connection with the assault and murder of the deceased Mahesh—The prosecution relied on seizure of clothes, weapons, and other incriminating articles (MOs 1–21), supported by eyewitness testimony and forensic reports (Ex.P24–P25). PW.4, PW.5, and PW.6 established the recovery of blood-stained articles at the instance of accused A1, A3, and A4, corroborated by serological evidence and expert testimony (PWs. 14–15) confirming presence of human blood—The evidence as to accused A2 and A5 was inconclusive; blood stains on their clothes could not decisively establish participation in the c...

Criminal Procedure Code, 1973 (CrPC)—Section 209, Section 313—Criminal Law—Offence under Section 324 IPC—Conviction by Trial Court—Ocular Evidence vs. Medical Evidence—Benefit of Doubt—Acquittal—The appellant, tried for offences under Sections 341, 324, 307 read with Section 34 IPC along with his parents, was convicted under Section 324 IPC for causing injuries to the complainant and another—The prosecution relied on ocular testimony of family members asserting that the appellant assaulted the injured with a sickle (M.O.1). Medical evidence (Exs. P4 & P5) revealed only simple lacerated and macerated wounds inconsistent with use of a sharp cutting weapon, indicating that injuries could have been caused by falling on a hard surface—Further, the complainant was found to be the a...

Indian Penal Code, 1860—Section 324—Appreciation of evidence—Medical evidence vis-à-vis ocular testimony—Benefit of doubt—In an appeal against conviction under Section 324 IPC, the High Court held that where ocular evidence is wholly inconsistent with medical evidence on a material aspect, the prosecution version becomes doubtful—Though the eye-witnesses alleged assault with a sickle, the medical evidence disclosed only simple lacerated wounds and specifically ruled out incised or slashed injuries, which would normally result from use of a sharp-edged weapon—The doctor further opined that the injuries could have been caused by a fall during a scuffle—The Court also took note of a counter-case arising out of the same incident, wherein the complainant in the present case was held to be ...

A. Criminal Law—Section 395 IPC—Appeal against conviction—Accused were convicted by the Fast Track Court for the offence of dacoity and sentenced to five years’ imprisonment with fine—On appeal, the High Court examined the reliability of the prosecution evidence, particularly the testimony of the victims and the test identification parade. B. Evidence—Identification of accused—Reliability of Test Identification Parade—Though the victims consistently deposed that 6–7 persons committed the offence, the prosecution arrayed 10 accused—The Test Identification Parade did not establish the identity of some accused, and certain accused were neither identified during the parade nor in court. C. Appreciation of Evidence—Benefit of doubt—Lack of reliable identification and...

Penal Code, 1860 (IPC)—Section 143, Section 144—Criminal Law—Benefit of doubt—Unreliable eyewitness evidence—Acquittal—The Trial Court convicted accused Nos. 1 to 3 and 5 for the offence under Indian Penal Code, 1860 Section 304 Part II and sentenced them to three years’ imprisonment with fine, while acquitting other accused of offences under Sections 143, 144, 148 and 302 read with Section 149 IPC.On appeal, it was held that the prosecution failed to  establish the motive for the alleged murder and the investigation suffered from serious lapses as the Investigating Officer failed to record statements of eyewitnesses without justification—The testimonies of alleged eyewitnesses did not specifically implicate any of the accused—The conviction was mainly based on the evidence of a s...

A. Prevention of Corruption Act, 1988—Sections 7, 13(1)(d) r/w 13(2)—Demand and Acceptance—Proof—Mere recovery of tainted currency notes and positive phenolphthalein test are not sufficient to sustain conviction in absence of clear and consistent proof of demand and voluntary acceptance of illegal gratification. B. Inconsistent Evidence—Benefit of Doubt—Material contradictions regarding the date and place of demand, and the exact spot from which tainted money was recovered (table/teapoy/box), coupled with hostile shadow witness evidence, rendered prosecution version doubtful. C. Absence of Pending Official Work—Evidence disclosed that no application for change of katha was filed by the complainant or his sister; hence, question of showing official favour did not arise, weakening prosecution ...

Indian Penal Code, 1860—Sections 363, 366, 376, 506, 182—Appeal against Acquittal—Alleged Rape—False Complaint—Suppression of Genesis of Case—Benefit of Doubt—The State preferred an appeal challenging the acquittal of the accused for offences under Sections 363, 366, 376, 506 and 182 IPC—The prosecution alleged that the accused had sexual intercourse with the prosecutrix on the promise of marriage and later compelled her to lodge a false complaint against a Police Constable—The evidence disclosed that the prosecutrix was aged between 16 and 18 years and no material was produced to establish that she was below 16 years at the relevant time—Significantly, no complaint was lodged against the accused until the police intervened in connection with a theft case—Initially, the pro...

Penal Code, 1860 (IPC)—Section 326—Appeal Against Acquittal—Common Intention—Delay in Lodging FIR—Appreciation of Evidence—Benefit of Doubt—State appealed against acquittal of Accused Nos. 2 and 3 for offences under Sections 341 and 326 IPC—Prosecution alleged that Accused No. 1 assaulted injured with chopper and Accused Nos. 2 and 3 assisted in assault with iron rod and by restraining victim—Trial Court convicted Accused Nos. 2 and 3; First Appellate Court acquitted them—High Court held: (i) motive was alleged only against Accused No. 1; (ii) injured claimed unconsciousness after first assault, rendering subsequent overt acts doubtful; (iii) no material to prove common intention of Accused Nos. 2 and 3; (iv) inordinate delay of over three days in lodging FIR remained unexplained...

Indian Penal Code, 1860—Ss. 143, 147, 148, 324, 326, 427, 506 r/w 149—Appeal against Acquittal—Free Fight—Delay in FIR—Improvements in Evidence—Benefit of Doubt—In a State appeal challenging acquittal, the prosecution alleged that due to a property dispute, accused formed an unlawful assembly and assaulted PWs 1 to 4 in a vulcanizing shop at 2.00 a.m., causing acid burns and grievous injuries—Though police reached the spot immediately, the complaint was lodged at 6.00 a.m. without explanation—The FIR contained omnibus allegations without specifying overt acts—During trial, witnesses introduced specific roles against accused Nos. 1 and 2, amounting to material improvements—A counter case arising from the same incident indicated a free fight between two groups—None of t...

Indian Penal Code, 1860—Sections 341, 307 r/w 34, 114—Appeal Against Acquittal—Appreciation of Evidence—Material Improvements—Benefit of Doubt—State challenged acquittal in Sessions Case alleging that accused conspired and assaulted complainant with choppers causing grievous injury—Prosecution case rested primarily on testimony of injured witness (P.W.1)—Held: Material inconsistencies between complaint (Ex.P1), subsequent statements (Exs.D1 & D2), and deposition before Court—In complaint and further statement, P.W.1 stated that three unknown persons assaulted him and did not name accused No.2; before Court, he introduced accused No.2 as instigator and known person—Such improvement and embellishment materially affected credibility—If accused No.2 was known for 6–7 ...

Penal Code, 1860—Sections 498A & 302—Appeal against Acquittal—Murder of Minor Child by Father—Suppression of Material Evidence—Benefit of Doubt—The State appealed against the acquittal of the accused charged with cruelty to wife and murder of his 2½-year-old son by burning—The prosecution case rested primarily on the complaint of the wife; the sole eye-witness turned hostile—Material inconsistencies emerged between the complaint and trial evidence regarding presence of witnesses—The accused had sustained 40% burn injuries and underwent prolonged treatment; however, medical records relating to his treatment were not produced, amounting to suppression of material evidence—Evidence also indicated that the accused loved the child and no clear motive was established—H...

Criminal Procedure Code, 1973—Sections 397 & 401—Revision against Acquittal—Electrocution Death—Benefit of Doubt—Suppression of Material Evidence—The revision petitioner challenged the acquittal of the accused charged under Section 304 read with Section 34 IPC and Section 135 of the Electricity Act, 2003, alleging that the deceased died due to electrocution from an illegally electrified fence erected by the accused—Evidence revealed the presence of a suicidal note in the pocket of the deceased, which was referred to in the inquest mahazar but not seized or properly investigated—The Investigating Officer admitted the existence of such note, and the possibility of suicide was not ruled out—Held, where material evidence creates reasonable doubt as to whether the death was accidental o...

Penal Code, 1860 (IPC)—Section 306, Section 34, Section 498A—"Inconsistent Dying Declarations—Section 306 Acquittal—Benefit of Doubt—Death by Burning—Conviction Quashed—Appellant Released—Three Declarations, Varied Accounts—Insufficient Grounds for Section 306 Conviction—Lack of Corroborative Evidence."   ...

Penal Code, 1860 (IPC)—Section 193, Section 302, Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 164, Section 233,—Accused, who were initially convicted by the Trial Court under Section 302/34 IPC for the murder of Lal Mohd. The prosecution's case involved the respondents assaulting Lal Mohd. with swords and knives, resulting in his death. The High Court, in its judgment, considered the subsequent affidavits filed by two eyewitnesses (PW-8 and PW-9), who had earlier testified for the prosecution. The affidavits claimed that their original statements were made under police pressure. The High Court, citing delay in the trial, reversed the conviction. The Supreme Court, however, set aside the High Court's order, restoring the Trial Court's conviction, and directed the initiation of perjury proceedi...

A. Indian Penal Code, 1860—Section 376(1)—Rape—Conviction based on sole testimony—Credibility—Material inconsistencies—Benefit of doubt—Conviction for rape based solely on the testimony of the prosecutrix is unsustainable where her evidence is not of sterling quality and suffers from material inconsistencies and omissions—Where the prosecutrix initially alleged only molestation and disclosed rape after delay, coupled with discrepancies regarding injuries, absence of medical corroboration, inconsistencies about entry of the accused into a secured house, and identification circumstances not mentioned in the earliest statement, the prosecution fails to establish guilt beyond reasonable doubt—In such circumstances, it is unsafe to rely solely on her testimony and the accused is entitled to...

Evidence Act, 1872—Section 3—Benefit of doubt—Ayub Hussain Mandal, was tried for offences under Section 376/511 of the Indian Penal Code, involving the rape of a 10-year-old girl, Sharifa Khatun—The trial court acquitted the appellant, citing reasons such as enmity, contradictions, and delay in lodging the FIR—The High Court, on appeal by the State, overturned the acquittal, highlighting that enmity did not align with the victim working in the accused's house—It justified the delay in FIR, considering the sensitive nature of rape cases—The High Court found the victim's testimony trustworthy, and discrepancies in witness names were deemed immaterial—Medical evidence was evaluated practically—The Supreme Court affirmed the High Court's decision, emphasizing that unjustified r...

Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302—Benefit of doubt - Accused, allegedly affiliated with the Congress party, were convicted for the murders of Kengegowda and Govindegowda, associated with the Janata Party, during the 1988 Mandal Panchayat elections—The prosecution claimed that the accused, armed with weapons, assaulted the victims, leading to their deaths—Both trial and High Court found the accused guilty based on the consistent testimony of injured eyewitnesses—The appellant's counsel argued for reconsideration, citing the Masalti precedent, urging benefit of doubt for certain accused—However, the court affirmed the findings, noting that the evidence presented by multiple witnesses consistently identified the accused, and the trial court had meticulously considered ea...

Penal Code, 1860 (IPC) - Section 120B, Section 420 - Standard of Proof in Circumstantial Evidence Cases - In cases relying on circumstantial evidence, all links in the chain of events leading to guilt must be established beyond reasonable doubt. While there's no absolute standard of proof, conviction cannot be based on mere suspicion. The court must ensure that facts indisputably exclude the possibility of innocence. Benefit of doubt should not be overly exaggerated, but careful scrutiny is essential to prevent suspicion from substituting legal proof. Failure to provide unimpeachable direct evidence regarding critical aspects, such as the actual stock position or delivery, warrants acquittal. The prosecution must establish beyond doubt the connection between circumstantial evidence and guilt, ensuring no reasonable alternative hypothe...

Penal Code, 1860 (IPC)—Section 147, Section 148—Accused due to Uncertainty in Witness Testimonies: Supreme Court Accepts Prosecution's Version of Occurrence but Emphasizes Lack of Conclusive Identification of Additional Assailants—In a case where the prosecution's narrative regarding the crime was accepted by the Supreme Court, uncertainties arose from witness testimonies implicating unspecified "others" in the assault—While some assailants were identified, the vague references left room for ambiguity—The court ruled that without definitive proof of the identity and involvement of these "others," accused individuals categorized as such must receive the benefit of doubt—Despite acknowledging the prosecution's version of events, the court stressed the importance of conclusi...

Penal Code, 1860 (IPC)—Section 300—Two appellants were convicted of murder based on circumstantial evidence, including alleged purchases of arsenic and illicit relations—However, scrutiny revealed fabricated evidence, including tampered entry records and suspicious recoveries—The prosecution's case lacked substantial evidence, with key circumstances being unreliable—Consequently, the court granted the appellants the benefit of the doubt and acquitted them of all charges—Both appeals were allowed, and if the appellants were on bail, their bail bonds were canceled. ...

Evidence Act, 1872—Section 3—Inconsistent testimonies, notably by the key eyewitness, P.W. 5 Smt. Veero, raised doubts—Medical evidence contradicted her claims of severe injuries inflicted by the accused—Additionally, discrepancies in her testimony regarding the location of the incident further undermined her credibility—With no corroboration from other witnesses and critical inconsistencies, the Court finds insufficient evidence to uphold the convictions—Emphasizing the principle of 'benefit of doubt,' the Court acquits the appellants, setting aside their convictions and sentences.   ...