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—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]...

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. ...

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...

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.   ...