(A) Evidence Act, 1872 Section 118—Competency of a Child Witness—A child of tender age is considered a competent witness if they can understand questions and provide rational answers—The mere age of the child is not a disqualification—It is essential for the trial judge to conduct a preliminary inquiry by asking simple questions to assess the child's mental capacity and understanding before administering the oath—This process ensures the reliability of the testimony—Failure to follow this procedure can cast doubt on the credibility of the child's evidence and may impact the outcome of the trial, especially in sensitive cases like sexual offences. (Paras 10 to 11) (B) Code of Criminal Procedure, 1973 Section 313—Examination of Accused under Section 313 CrPC—It is the duty of t...
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8 and 20(b)(ii)(C)—False Implication—Acquittal Due to Identity Doubts—Acquitted the appellant due to lack of evidence establishing her identity as the person arrested with contraband—On 4th March 2016, a WagonR carrying five persons, including two women—Seema and Preeti—was intercepted, and 38.2 kg of ganja was seized—The arrest memo, FIR, and all contemporary documents named Seema Choudhari as the accused, not Shikha Barman—No witness, including the arresting officer (PW-5), identified the appellant as Seema Choudhari during trial—Further, the appellant’s identity as the arrestee was never put to her under Section 313 CrPC, denying her the opportunity to respond—The Court observed that reliance on a prior bail o...
Acquittal upheld. Negotiable Instruments Act, 1881, Section 138—Appeal to impugn Acquittal—On minute appreciation of the evidence before the learned Trial Court as discussed above the learned Trial Court has appreciated that the accused has discharged his liability and successfully rebutted the presumption with the standard of preponderance of probability in the cross examination of the complainant and has raised a probable defence regarding the existence of a legally enforceable debt as per the judgment—The learned trial Court has appreciated the entire evidence in proper perspective and there does not appear to be any infirmity and illegality in the impugned judgment and order of acquittal—The learned Trial Court has appreciated all the evidence and this Court is of the considered opinion that the learned Tria...
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r), 3(1)(s), and 3(1)(f)—Penal Code, 1860 Section 447—Conviction set aside—Appellants acquitted—House trespass and offenses under the SC & ST Act, the court set aside the conviction due to significant inconsistencies between the complaint and oral evidence—The complaint alleged house trespass and caste-based abuses, while the oral evidence indicated the incident occurred in a field—There was no evidence of public view or illegal occupation of land, leading the court to conclude that the claims lacked credibility and sufficient evidence. (Paras 9 - 11) (B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r) and 3(1)(s)—Public view—The requiremen...
(A) Evidence Act, 1872 Section 106—Criminal Procedure Code, 1973 Section 174—Penal Code, 1860 Section 302—Acquittal restored—The Supreme Court addressed a case where the High Court reversed a Trial Court's acquittal, convicting the husband for his wife's murder—It emphasized that an acquittal should not be lightly overturned without clear illegality or perversity—The Court noted the presumption of innocence reinforced by the Trial Court's decision and criticized the High Court's flawed reliance on Section 106 of the Evidence Act, as it ignored the accused's plausible alibi—Without evidence proving homicide, the Supreme Court restored the Trial Court's acquittal. (Paras 6, 8, 9, 10, 13, 14) (B) Penal Code, 1860 Sections 498A & 306—Accused found not guilty&m...
Acquittal Granted. (A) Constitution of India, Article 19(1)(a)—Freedom of speech and expression—The Supreme Court ruled that a poem posted by the appellant did not incite hatred or disturb communal harmony—The Court emphasized that freedom of speech and expression under Article 19(1)(a) must be protected, even if the content challenges popular views—The poem was not found to promote enmity or threaten national integration or sovereignty—The judgment highlighted the need to uphold fundamental rights, ensuring that artistic expression remains free from unwarranted restrictions. (Paras 9 to 10, 38 to 39) (B) Bharatiya Nyaya Sanhita, 2023, Sections 196, 197, 299, 302, 57 and 173—Preliminary inquiry—FIR registration for alleged offences under BNS The Court held that no prima facie case was e...
Evidence Act, 1872—Section 27—The court emphasizes the principles governing circumstantial evidence in criminal law—The prosecution must establish a complete and unbroken chain of evidence that unequivocally points to the guilt of the accused and excludes every hypothesis of innocence—Suspicion, however strong, cannot replace the legal proof required for conviction—Motive, though relevant, cannot compensate for a broken or inconclusive chain of circumstantial evidence—The reliability of recovery evidence is questioned when panch witnesses provide inconsistent accounts or have vested interests—Establishing the linkage between the accused and the crime vehicle is crucial, but contradictions in ownership, repair, and identification weaken this connection—Witness testimonies with significant con...
(A) Penal Code, 1860 Section 302 read with Section 34—Murder—The prosecution’s case relied mainly on oral evidence from the deceased’s family, which was inconsistent and embellished—Delays in recording witness statements under Section 161 Cr.P.C., discrepancies in timelines, and contradictions in testimonies weakened the case—The court held that untrustworthy oral evidence could not solely justify a conviction—Given the benefit of doubt to the accused, the court ordered acquittal, emphasizing the need for credible, consistent evidence to sustain a conviction. (Paras 7 - 19) (B) Criminal Procedure Code, 1973 Section 161—The prosecution’s case was weakened due to unexplained delays in recording statements of crucial witnesses, ranging from 7 to 17 days after the incident—The cou...
(A) Penal Code, 1860 Sections 143, 147, 153(A), 295, 436, 332 and 149—Rioting and Unlawful Assembly—Mere Presence Not Sufficient for Conviction—Supreme Court Ruling—The Supreme Court held that the mere presence of the accused at the scene of a riot or their arrest from the spot does not, by itself, establish their membership in an unlawful assembly—In the absence of cogent evidence such as possession of weapons, active participation, or conduct indicating a shared common object, conviction cannot be sustained—Reversing the High Court’s judgment, the Court emphasized that identification and overt acts are critical for determining culpability under Sections 147 and 149 IPC, and presence alone is insufficient for criminal liability. (Paras 10, 11, 15, 16) (B) Cri...
(A) Negotiable Instruments Act—Section 138—Acquittal of accused—Complainant alleged dishonor of cheque issued for arrears of rent—Accused admitted signature but claimed cheque was security—Complainant failed to establish amount due—Acquittal upheld as no grounds for interference found. (Paras 1-11) (B) Presumption under Section 139 of NI Act—Once signature is admitted, presumption arises that cheque is issued for discharge of debt—Burden shifts to accused to rebut presumption—Failure to establish due amount leads to acquittal. (Paras 5, 10) Result: Appeal dismissed. ...
(A) Criminal Procedure Code, 1973 Section 256—Acquittal—The dismissal of a complaint for default does not automatically lead to the acquittal of the accused if the complainant's absence occurs on a date not designated for the accused's appearance or when the accused are also absent—The Judicial Magistrate is required to consider relevant circumstances, such as COVID restrictions and any interim orders, before deciding to dismiss a complaint for default—This ensures that the interests of justice are upheld and that procedural fairness is maintained in judicial proceedings. (Paras 15, 19 to 20) (B) Criminal Procedure Code, 1973 Section 256—Acquittal—The interpretation of Section 256 clarifies that the absence of the complainant on a date set for showing cause does not automatically re...
Code of Criminal Procedure 1973—Section 397,401—Revision—Acquittal Order—The present appeal challenges the High Court's order dated 12.05.2022, which dismissed the revision application filed by the appellant (first informant) against the acquittal of the private respondents in a case involving multiple charges under the Indian Penal Code (IPC)—The Sessions Court had acquitted the respondents on 13.02.2008—The appellant’s revision application, filed in 2008, remained pending until 2022—The High Court dismissed the revision, noting that the appellant’s counsel had sought multiple adjournments on the grounds of ill health and had not made sincere efforts to prosecute the case—The High Court, however, failed to review the trial court’s record and evidence—The Court he...
Acquitted. (A) Penal Code, 1860 (IPC)—S.306—Offence of Abetment to commit suicide—Appeal by convict—Allegation of Love trap by accused—Suicide note not proved—No allegation act of incitement on the part of the appellants proximate to the date on which the deceased committed suicide. No act is attributed to the appellants proximate to the time of suicide which was of such a nature that the deceased was left with no alternative but to commit suicide. In such circumstances, it cannot be said that any offence of abetment to commit suicide is made out against the appellants. (Paras 44, 45) (B) Evidence Act, Section 32—Dying declaration as suicide note—When held, not reliable—Suicide note was sent to the Forensic Science Laboratory (FSL) for examination—The Deputy Chief Handwriti...
Acquittal—Negotiable Instruments Act, 1881—Section 138—Loan—Availed by accused from complainant—Did not repay the said loan—Issued cheque—Dishonoured—Complaint—Magistrate acquitted the accused—Complainant challenging the judgment of acquittal—Legality of—High Court has held that if payee is a proprietary concern the proprietor can file complaint—While describing as a sole property of proprietary concern—In the case an hand also complaint has been filed by proprietor describing him as proprietor of Raghvendra Hotel—Complaint is maintainable—Trial Court has not considered merits of case of complainant as to whether all ingredients of offence under Section 138 of N.I. Act are established or not—Impugned judgment set aside—Matter ...
Acquitted. (A) Indian Penal Code, 1860—Section 302 [Bharatiya Nyaya Sanhita, 2023—Section 103(1)]—Death of wife, but husband acquitted—Allegation of, being burned using Kerosine oil, but, Doctor testified, no smell—Observation Mahazar is not reliable—Dying declaration is not reliable—Explanation given by appellant is reliable—Motive for false accusation is proved—Benefit of doubt given—Acquitted. (Paras 14-17) (B) Indian Evidence Act, 1872—Section 32 [Bharatiya Sakshya Adhiniyam, 2023—Section 26]—Dying declaration—When held not reliable—In cases where the dying declaration is suspicious, it is not safe to convict an accused in the absence of corroborative evidence—In a case like the present one, where the deceased has been changing h...
Acquitted. Indian Penal Code, 1860—Sections 120B, 468 and 471 read with Section 109 [Bharatiya Nyaya Sanhita, 2023—Sections 61, 336 and 340 read with Section 49]—Indian Evidence Act, 1872—Section 45 [Bharatiya Sakshya Adhiniyam, 2023 – Section 39]—Main Offence of forged Marklist to get MBBS Admission—Allegation against the Co-accused/ appellant was, that he prepared the postal cover in which the forged marksheet was supposedly transmitted—Prosecution miserably failed to prove the existence of the disputed postal cover in which the forged marksheet was purportedly posted—Since the postal cover itself was not exhibited and proved in evidence, there is no question of accepting the prosecution theory that the same bore the handwriting of the accused appellant—As a result, the conv...
Acquitted. Indian Penal Code, 1860—Sections 302, 149, 148 [Bharatiya Nyaya Sanhita, 2023—Sections 103(1), 190, 191(3)]—Criminal Procedure Code, 1973 (CrPC)—Section 313 Bhartiya Nagrik Suraksha Sanhita 2023, Section 351]—Appeals by Convicts—Offence of murder with common intention—There is no doubt that the death of Ahsan is homicidal—Medical evidence has also confirmed multiple stab injuries on his body leading to profuse bleeding and death—According to the prosecution, it is the accused who had committed murder of Ahsan—Therefore, it is for the prosecution to connect the accused to the murder of the deceased by producing credible and legally admissible evidence—However, there is no credible evidence at all to connect the accused persons with the homicidal death of A...
Acquittal upheld. Criminal Procedure Code,1973, Section 378—Appeal by Informant to impugn Acquittal—In total, there are about 35 accused persons—The trial Court after considering the evidence on record, was pleased to acquit 19 of them and convicted 16 persons—High Court acquitted those 16 also— After going through the judgment of the High Court, the entire evidence available on record has been discussed at length before rendering an order of acquittal—In such view of the matter, no perversity or reason to interfere with the same. (Paras 2,8,9) Result: The appeals are dismissed accordingly. ...
(A) Evidence Act, 1872—Section 27—Criminal Procedure Code, 1973 (CrPC)—Section 313—Indian Penal Code, 1860—Sections 366(A)/302/201/34—Appeal by convict—Offence of kidnapp and murder—Complete absence of motive assumes a different complexion and such absence definitely weighs in favour of the accused—None of the circumstances put forth by the prosecution to prove the guilt of the appellant can be said to have been proved—Not to speak of proving the complete chain of circumstances, to dispel any hypothesis of innocence of the appellant—When the prosecution failed to prove each of the circumstances against the appellant, the courts below were not justified in convicting the appellant. (Paras 48, 51, 52) (B) Indian Penal Code, 1860—Sections 366(A)/302/201/34—Kidna...
(A) Evidence Act, 1872, Section 106—Indian Penal Code, 1860, Section(s) 302, 201 and 34—Code of Criminal Procedure, 1973, Section 174—Acquittal—Child witness testimony—The Evidence Act does not prescribe a minimum age for a witness, and a child witness is competent to testify if found capable of understanding the nature of the questions posed and the duty to speak the truth, as per Section 118—Before recording a child’s evidence, the Trial Court must conduct a preliminary examination to assess the child’s ability to understand and respond coherently—The Court must record its satisfaction, and the demeanor and responses of the child must be documented—A child witness's testimony is admissible if it is coherent and rational, without needing corroboration, though courts may seek...
Negotiable Instruments Act, 1881—Section 138 and 139 and 118—Criminal Procedure Code, 1973—Section 378(3)—Cheque dishonour—Acquittal—Leave to appeal—Seeking of—The complainant, a young student without a verifiable source of income, failed to substantiate the existence of a loan—The complainant failed to disclose the source of the loan and the date it was given, and the father of the complainant admitted ignorance of the affidavit's contents and the loan date—The accused in a trial under Section 138 of the N.I. Act, had two options; ((i) to either show that the consideration and the debt did not exist or (ii) that under the particular circumstances of the case, the non-existence of consideration was so probable that a prudent man ought to suppose that no consideration and debt...
Application for leave to Appeal allowed. Negotiable Instrument Act, 1881, Section 138—Application for leave to Appeal to impugn acquittal—Offence of dishonor of cheque—Prima facie it appears that the accused has not discharged his evidential burden to prove that there did not exist burden to prove that there did not exist any liability at the time of issuance of the cheque and the reason for issuance of the cheque or the instruction of Stop Payment. (Para 9) Result : Application allowed. ...
Acquitted. Indian Penal Code, 1860—Section 302 [Bharatiya Nyaya Sanhita, 2023—Section 103(1)]—Appeal by convict—Murder of neighbor—Prosecution's case is based on circumstantial evidence—motive for the commission of the offence was absent—This is very relevant as the case is based on circumstantial evidence—Last seen together not proved—improvements, contradiction and omissions—Acquitted. (Paras 5, 9, 10) (B) Criminal Procedure Code, 1973—Section 161 [Bharatiya Nagarik Suraksha Sanhita, 2023—Section 180]—Examination of witnesses by Police—Portion of prior statement shown to witness for contradicting the witness must be proved through Investigating Officer—Unless said portion of prior statement used for contradiction is duly proved, it cannot...
Acquittal—Service Law—The Supreme Court, in this appeal filed by the Director of Marketing, Agricultural Department, set aside the Andhra Pradesh High Court’s order dated 02.05.2023—The respondent had been dismissed from service in 1995 for embezzling funds by using forged receipt books, following a departmental inquiry—Although the respondent was acquitted in a criminal trial for the same charges, he did not challenge the dismissal until years later, after his acquittal—The Tribunal dismissed his application, citing significant delay in filing and the respondent's admission of guilt during the departmental inquiry—However, the Division Bench of the Andhra Pradesh High Court ordered reinstatement, based on the acquittal in the criminal trial—The Supreme Court disagreed with the High Cour...
Acquitted. Penal Code, 1860 (IPC)—S.366A—Abduction of 17 yrs old girl for marriage—Appeal to impugn conviction by Magistrate, Sessions and High Court—No allegation of Sexual intercourse or sexual advance—After moving around for two months, FIR Filed—PW 7 deposed before the Court that her date of birth is 04.03.1984 and that she was studying in intermediate in 2000-2001 which makes her age to be 17 years as on the date of the alleged abduction i.e. 03.05.2001- while a specific provision under Section, 366A makes penal the inducement of a minor girl under the age of 18 years—Examined Annexure A-9- evidence of the Medical Officer who claimed that the age of the victim was between 16 to 17 years—The doctor specifically said that he referred PW 7 to a Radiologist and based on the report, he is...
Acquitted. Indian penal code, 1860, Section 302—Murder—Appeal by Convict—No direct evidence—Only circumstantial evidence, which is not complete—FSL Report not obtained—In the facts and circumstances of the case, the appellant cannot be held guilty of the commission of the offence beyond reasonable doubt—Therefore, in such circumstances the benefit of doubt goes in his favour—Accordingly, the Courts below have manifestly erred in convicting him for the aforesaid offence. (Paras 15-17) Result :- Appeal allowed. ...
Acquitted. (A) Indian Penal Code, 1860, Section 302—Acquittal from offence of murder of wife by strangulation—Dr. Mohan Lal Meena (PW-5), in his testimony, stated that he had conducted the post-mortem—The deceased had died due to asphyxia caused by hanging which is established by the ligature marks appearing on her neck—The death may have occurred two to five days prior to the postmortem—In cross-examination, this witness accepted that, though the cause of death is asphyxia, it can be caused by chronic tuberculosis also and that the appearance of ligature marks on the neck might be due to the long journey of the dead body from one place to another—The above testimony of PW-5, thus, in no certain terms, establishes that the deceased died of asphyxia due to hanging or strangulation inasmuch as he had a...
Penal Code, 1860 (IPC)—Sections 498A—In a case involving Sections 498A (Cruelty) and 306 (Abetment to Suicide) of the Indian Penal Code, 1860, the appellant was acquitted due to inconsistencies in the evidence, particularly the deceased's dying declarations—The court found that the second dying declaration, which implicated the appellant, was unreliable, likely influenced by the deceased's relatives, and did not establish clear evidence of abetment—The court also noted that the prosecution failed to prove the essential elements of abetment under Section 107 of the IPC—The court emphasized that for a conviction under Section 498A, the cruelty must be of such a nature that it compels the victim to commit suicide—Mere suspicion or verbal altercations, without evidence of substantial cruelty, do not...
Acquitted. Penal Code, 1860 (IPC)—S.392 , S.397 , S.411—Arms Act, 1959—S.25 , S.25(1)—Appeal to impugn conviction—Dock identification, when held, not reliable—Memory of those witnesses was not tested through a test identification parade—In such circumstances, when three eye witnesses stated that accused persons were not the ones who committed the crime and another one stated that it was too dark, therefore, he could not recognise, bearing in mind that the accused persons were not known to the eye witnesses from before, not much reliance can be placed on the dock identification. (Para 23) Result:- Appeal allowed. ...
Acquitted. Criminal Procedure Code, 1973 (CrPC)—S.162 {Bhartiya Nagrik Suraksha Sanhita 2023, Sectionn 81}—Indian Penal Code, 1860 – Section 302 [Bharatiya Nyaya Sanhita, 2023 – Section 103(1)] – Indian Evidence Act, 1872 – Section 27 [Bharatiya Sakshya Adhiniyam, 2023 – Section 23]—Offence of murder—Appeal by Convict—There are material omissions which amount to contradiction—Coupled with the material omissions—the conduct of both the witnesses, their version does not inspire confidence—Once evidence of these two witnesses is disbelieved, the only remaining evidence against the appellant is of the recovery of the knife at his instance—The law relating to the evidentiary value of recovery—Although disclosure statements hold significance as a contri...
Acquitted. (A) Indian Penal Code, 1860—Section 302 read with Section 34 [Bharatiya Nyaya Sanhita, 2023—Section 103(1) read with Section 3(5)]—Arms Act, 1959—Section 27(1)— Criminal Procedure Code, 1973—Section 378 [Bharatiya Nagarik Suraksha Sanhita, 2023—Section 419]—Cross Appeals in Murder case—Appeal by Convict—Appeal by Prosecution to impugn acquittal of co-accused—Police personnel (on patrol duty) stopped a Car, when that didnot stop, shot from Revolver which killed passenger in the Offending car—Prosecution has failed to place on record any evidence to show that the accused Nos. 2, 3 and 4 (the appellants herein) had common intention with accused No.1-Jagdish Singh prior to the accused No.1-Jagdish Singh's shooting at the deceased resulting in her death. ...
SLP Allowed. Criminal Procedure Code, 1973, S.379—SLP by convicts—Trial court acquitted, but, high court set aside that judgement and convicted—Without examining merits, SLP allowed—A plain reading of Section 379 of the Cr.P.C. would reveal that it provides for an appeal against conviction by the High Court inter alia where the High Court on appeal reversed an order of acquittal and sentenced the accused to imprisonment for life—Therefore, in a case of acquittal by Trial Court where the High Court reverses it and convicts the accused for life imprisonment, statutory appeal lies to the Supreme Court—In view of the specific provision contained in Section 379 of the Cr.P.C., allowed the present Special Leave Petitions to be converted into Criminal Appeals under Section 379 of the Cr.P.C., which lies as ...
Acquitted. Penal Code, 1860 (IPC)— Sections 306, 506, 114 [Bharatiya Nyaya Sanhita, 2023—Sections 108, 351 (2)/ (3), 54——Abetment of suicide—Deceased had an Affair with one Accused's wife—Dying declaration of the victim and a chit, purportedly recovered from the victim's trouser and written by him, implicating the appellants as persons who had provoked him to put an end to his life while alleging that he was involved in an extra-marital affair with the wife of one of the Accused—Court read the dying declaration, available at page 6 of the application for additional documents—Also, the contents of the chit (in Gujarati) have been read out and translated to us by Mr. Mody, learned senior counsel, who is present in Court—Even accepting that there is absolutely no doubt with reg...
Penal Code, 1860 (IPC)—Sections 148, 302—The appeals arise from the judgment of the High Court of Andhra Pradesh, which acquitted all accused involved in an incident that took place on 02.10.2001, where twenty-seven individuals were charged, with some convicted by the trial court—The trial court sentenced the accused for various offenses under Sections 148, 302, and 307 r/w 149 IPC, including life imprisonment and fines—The High Court's acquittal was challenged in this Court, and after detailed consideration, including testimonies from witnesses PW-2 and PW-3, the Court found no grounds for interference—The Special Leave Petition granted leave for three specific accused, directing bailable warrants for their appearance, but after further hearing, the Court dismissed the appeals and upheld the High Co...
Acquitted. Protection of Children from Sexual Offences, 2012—Section 4— Appeal by Prosecution to impugn concurrent acquittal—The testimony of the prosecutrix in the present case thus has failed to inspire absolute confidence of the Trial Court, the High Court and this Court as well—It is not believable that when the prosecutrix was caught by the accused who is known to the prosecutrix, she went with him quite a distance in the Bazaar and then to a shop, she never raised any alarm. The only reason she gave is that there was a knife with accused and he had threatened her that if she raises an alarm her brother and father would be killed—Already stated above that the testimony of the prosecutrix does not inspire confidence, under these circumstances, we are not inclined to interfere with the well considered o...
Acquittal upheld. (B) Negotiable Instruments Act, 1881 (NI)—S.138 , S.141—Criminal Procedure Code, 1973 (CrPC)—S.482—Bhartiya Nagrik Suraksha Sanhita 2023 BNSS—S.528—Appeal to impugn acquittal—Offence of cheque dishonour—Loan given through Bearer Cheque—Repaid through cheque, which is now dishonoured—However, the said cheque was signed by him in his capacity as a Director of Shilabati Hospital Pvt. Ltd. And was drawn upon the bank account maintained in the name of the hospital—There is a stamp of Shilabati Hospital Pvt. Ltd. on the cheque and beneath the signature of the accused there is a stamp of the Director—This offence clearly postulates that the cheque returned for insufficiency of funds should have been drawn by a person on an account maintained by him&mdash...
Acquitted. (A) Indian Penal Code, Sections 294(b), 341, 302, and 506(ii) [ Bhartiya Nyaya Sanhita, 2023 297, 126(2), 103(1), 351 (2)/(3)—Appeal by convicts—Murder due to election dispute in the Church—appellant herein has been convicted and the other two accused, involved in the same incident have been acquitted by giving them benefit of doubt— it is difficult to believe that Kovilraj (PW-1) could have witnessed the incident in the manner narrated by him and granted benefit of doubt to accused Nos.2 and 3, the conviction of accused No.1 on the basis of the evidence of the very same witness only on the basis of conjectures and surmises, in our view, is not permissible. (Paras 11, 14) (B) Evidence Act, 1872, Section 134[ Bharatiya Sakshya Adhiniyam, 2023, Section, 139]—Quantity of Evidence—Inte...
Acquitted. (A) Code of Criminal Procedure, 1973, Section 107 and Section 116(3) Bhartiya Nagrik Suraksha Sanhita 2023, Sections 126, 135]—Indian Penal Code, 1860, Section 302 [Bhartiya Nyaya Sanhita, 2023, Section 103 (1)] — Appeal by Convict—Murder of wife—Motive of property dispute—No direct evidence, only circumstantial evidence—Not breaking open of door, to search for missing person, if fatal to prosecution case—Prosecution has failed to prove the chain of incriminating circumstances against the accused-appellants by convincing evidence and beyond the shadow of doubt, so as to affirm their guilt—The trial Court as well as the High Court clearly erred while appreciating the evidence and in holding that the prosecution has proved the case against the accused-appellants beyond ...
Acquitted. Indian penal code, 1860, Sections 498-A, 304-B [ Bhartiya Nyaya Sanhita, 2023, Sections 85, 80]—Dowry death—Appeal by convicts—Death had been due to Cholera—Trial Court has materially erred in holding that the injuries sustained by the deceased were not antemortem—While the doctor has stated in categorical terms that these injuries have been sustained or inflicted to the deceased in many ways after the death of the deceased and admitted case of the prosecution is that when the informant's side arrived at the seen of the occurrence, the appellants had fled away and they were not present at their home—And the innocence of the appellants is also evident from the fact that the informant has got knowledge of death of his daughter from PW-2/Mathuri who had visited the house of the decea...
Acquitted. (A) Evidence Act, 1872—Section 27 and 60—Penal Code, 1860—Section 302, 364, 384 and 201—Murder—Circumstantial evidence—Incriminating recoveries U/s 27 by Investigating officer—Testification by I.O. under oath—An Investigating Officer must prove that any incriminating material or evidence was obtained voluntarily, without threat, duress, or coercion—U/s 27 of the Indian Evidence Act, only the portion of the accused's statement leading distinctly to the discovery of a fact is admissible, while the confessional part is inadmissible—The Investigating Officer must testify to the conversation with the accused that led to the discovery—Mere exhibition of a memorandum is insufficient but the investigating officer must narrate the events leading to the disclosure u...
Acquitted. (A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)—Penal Code, 1860 Sections 376, 302 and 201 [ Bhartiya Nyaya Sanhita, 2023, 66, 103 (1), 238]—Offence of rape and murder—Appeal by convict—The evidence of PW-2, the only eyewitness, cannot be held to be of sterling quality—It is unsafe to base conviction only on his testimony—Even otherwise, taking his testimony as correct, the evidence of the PW-2 can, at the highest, be the evidence of the last seen together—It cannot be said that pursuant to the statement made by the appellant, in accordance with Section 27 of the Indian Evidence Act, the articles were found at the place stated by the appellant—Hence, the prosecution failed to prove that the recovery was from a particular place&mda...
Acquitted. Indian Penal Code, 1860—Sections 417, 376, and 306 [Bhartiya Nyaya Sanhita, 2023, Sections, 318 (2), 64, 108]—Appeal by Convict—Offence of Abetment of suicide of lover girl—It is only a case of broken relationship which by itself would not amount to abetment to suicide—The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide—Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide—Even ...
Acquittal set aside. Negotiable Instruments Act, 1881, Sections 118 , S.138 , S.139—Appeal by the complainant to impugn the Acquittal—Trial Court acquitted on the ground of, complainant failed to prove his income—When the accused admits issuance of the cheque as per Ex.P1 with his signature, the Trial Court failed to take into consideration the settled position of law regarding rebutting of the presumption under Sections 118 and 139 of NI Act—Under such circumstances, the impugned judgment of the acquittal passed by the Trial Court is liable to be set aside. (Para 22) ...
Acquittal upheld. Negotiable Instruments Act, 1881, Section 138—Appeal by Complainant to impugn Acquittal—Definite case of PW1 was that, it was a personal transaction between Sri.Mathew K.Cherian and the accused and the cheque was issued in the name of Sri.Mathew K. Cherian—But, Ext.P1 cheque is in the name of Kosamattam Bankers and not in the name of Sri.Mathew K.Cherian—That itself will show that PW1 had not witnessed the actual transaction, or issuance of Ext.P1 cheque in favour of Kosamattam Bankers, and if so he was not competent to give evidence on behalf of the complainant—There is no statutory notice sent by the complainant to the accused, as the transaction was purely a personal one, as deposed by PW1—If it was a personal transaction between the complainant and the accused, no...
Acquitted. (A) Penal Code, 1860, 302 , S.300 , S.34 , S.304 Part I [Bharatiya Nyaya Sanhita, 2023 – Section 105, 103 (1), 101]—Appeal by Accused—To impugn the judgement, which had partly allowed their Appeals—Murder conviction was modified by HC as caused death with intention—No direct evidence, only circumstantial evidence—prosecution had failed to establish the chain of incriminating circumstances, the accused appellants are entitled to be acquitted of the charges for which they have been tried and convicted. (Para 41) (B) Evidence Act, 1872, Section 27—Disclosure statement when held as not admissible—It did not lead to discovery—The stone, etc. were allegedly recovered even before the disclosure statement was recorded—That apart, neither Doctor's (PW-1's) st...
Acquittal set aside. (A) Prevention of Corruption Act, 1988, Section 13(1)(d)—Appeal to impugn acquittal—Demand was proved as a Tape recorded conversation—Once the aspects of 'demand' and 'acceptance' of the bribe amount having been established beyond doubt, no two views are possible in the matter, and thus the approach adopted by the High Court is perverse and liable to be interfered with. (Paras 4, 24) (B) Prevention of Corruption Act, 1988, Section 13(1)(d)—Bharatiya Sakshya Adhiniyam, 2023, Section 141 para 2—Link Evidence to prove mensrea, about not sending intimation about cheque—The said cheque was not issued to the complainant and neither any intimation in this regard was sent to the school authorities, till 05.08.2009 nor was the complainant informed that the cheque w...
The present Criminal Appeal, the de facto complainant (PW.1) challenged the acquittal of the accused (husband of the deceased) by the Principal Sessions Judge, Vizianagaram, in Sessions Case No. 65 of 2015, dated 17.03.2016—The accused was charged under Sections 302, 498-A, and 201 IPC for allegedly murdering his wife, Gadu Sandhya, by beating her with a stone, drowning her in a well, and attempting to conceal the evidence—The prosecution's case rested on circumstantial evidence, primarily the "last seen theory." However, the Court found discrepancies in PW.1’s statements, noting that certain crucial facts were not mentioned in his reports—The Court concluded that the prosecution failed to establish the "last seen" theory, leading to the acquittal of the accused—The appeal was dismisse...
Acquittal set aside. Negotiable Instruments Act, 1881, Sections 118 , 138—Offence of Cheque dishonour—Appeal to impugn Acquittal—All the basic ingredients of Section 138 as well as Sections 118 and 139 of NI Act are apparent in the facts and circumstances of the present case—There is sufficient evidence to come to the conclusion that the cheque Ext. CW1/B was issued by the accused and received by the complainant in discharge of an existing debt as such the accused has committed an offence punishable under Section 138 of NI Act. (Para 17) Result:- Appeal allowed. ...
Penal Code, 1860—Sections 302, 201—Acquittal—Last Seen Theory—Circumstantial Evidence—Presumption of Guilt—Burden of Proof—Prosecution alleged accused killed the deceased out of animosity arising from a one-sided love affair and disposed of the body in a pond—Prosecution relied on last seen theory and recovery of a belt allegedly used for strangulation—Postmortem inconclusive as to cause of death; no injuries found on neck—Witnesses failed to establish the deceased was last seen with the accused conclusively—Supreme Court principles in Shivaji Chintappa Patil and Chandrapal reiterated: mere last seen theory does not discharge prosecution's burden to prove guilt beyond reasonable doubt—Circumstantial evidence must complete a chain of events leading to conviction&md...
Acquittal set aside. Negotiable Instruments Act, 1881, Section 138—Appeal by Complainant, to impugn the Acquittal—Gravity of a complaint under the NI Act cannot be equated with an offence under the provisions of the Indian Penal Code or other criminal offences—An offence under Section 138 of the NI Act, is almost in the nature of a civil wrong which has been given criminal overtones—Taking into account the purpose and object of the enactment, and imbibing the spirit of Kaushalya Devi's case cited supra, this Court is inclined to give priority to the compensatory aspect of the remedy, over the punitive aspect—The accused being a lady, this Court is not inclined to send her behind the bars, after a long gap of 23 years, from the date of the cheque—But since the ch...
Acquittal set aside. (A) Negotiable Instruments Act, 1881, Sections 118,138 and 139—Dishonour of cheque due to reason: 'A/c transferred to suit file. No Balance'—Appeal by Complainant to impugn acquittal—There is evidence to show that Ext.P2 cheque was issued towards discharge of a legally enforceable debt, and that cheque was dishonoured for the reason 'A/c transferred to suit file. No balance'—The appellant had complied with all the statutory formalities in order to attract an offence punishable under Section 138 of the NI Act—The complainant was authorized as per Ext.P8 extract of the resolution, to file the complaint and to give evidence. The respondents failed to rebut the presumptions available in favour of the appellant, under Sections 118 and 139 of the NI Act. So, respondents 1 and...
Indian Penal Code, 1860 (IPC)—Sections 376, 506(b)—Rape and Criminal Intimidation—Acquittal—Appellate Interference Parameters—In an appeal challenging acquittal under Sections 376 and 506(b) of IPC, the appellate court reiterated the principles governing interference in acquittal cases—It emphasized that the presumption of innocence is reinforced by an acquittal, and interference is justified only when the trial court’s findings are perverse, unsupported by evidence, or result in a miscarriage of justice—In the present case, the prosecutrix’s inconsistent testimony, lack of corroborative evidence despite claims of resistance, and delayed FIR filing undermined the prosecution's case—The trial court’s doubts were found reasonable and not perverse—Following Bhadragir...
Acquittal upheld. Penal Code, 1860, Sections 302, 325, 342, 149—Air Force Act, 1950, Sections 45, 65, 71—Appeal by prosecution to impugn acquittal passed by AFT—Deceased jumped from vehicle and died—Court martial convicted, AFT Allowed Appeal and acquitted—It is well-settled that an order of acquittal further enhances the presumption of innocence—It is equally well-settled that an order of acquittal cannot be interfered with only on the ground that another view can be taken based on the evidence on record. (Paras 11-13) Result :- Appeal dismissed. ...
Acquitted. Penal Code, 1860, Sections 201 and 302—Offence of murder and destruction of evidence—Appeal by convict—Prosecution has miserably failed to indicate the involvement of the Appellant in the commission of the offence, what to say of establish, for which he was charged—The chain of circumstances which are being sought to be projected by the prosecution to be complete has glaring holes and significant gaps, which leads this Court to come to the conclusion that the prosecution has failed in its endeavour of bringing home the guilt against the Appellant—The case having not been proved what to say of beyond reasonable doubt against the Appellant, the impugned judgments cannot sustain and are set aside. (Para 28) Result :- Appeal allowed. ...
Acquittal set aside. Negotiable Instruments Act, 1881, Sections 138, 139—Income Tax Act, Section 269—Appeal by complainant to impugn acquittal—Defence of no legally enforceable Debt was relied by first appeal court—"Whether the impugned judgment of acquittal passed by the First Appellate Court suffers from perversity or illegality and calls for interference by this Court?"—The accused is not an illiterate person—He states that he is working in defence and he is having worldly knowledge—Under such circumstances, generally no prudent person will leave the blank cheque issued by him even after repaying the loan amount—Under such circumstances, the defence taken by the accused that he had obtained loan from Venkob Rao, repaid it, but had not received back the cheque from him which w...
Acquittal upheld. Indian Penal Code, 1860, Sections 302, 498A etc—Appeal by prosecution, to impugn Acquittal—Doctor who had prepared postmortem report (Ext. Ka-4) of the deceased, stated in his evidence that apart from burn injury, there was no other injury found on the person of the deceased, which shows that she had not received any injury due to beating (marpeet) at the time of incident—From the evidence on record, it is not proved that soon before the death, there was demand of dowry of Rs.2 lakhs for purchasing a house or any other demand for which, deceased was being harassed—The said finding recorded by the trial courAcquittal upheld does not suffer from any perversity, illegality or misappreciation of the evidence on record—Acquittal upheld. (Paras 40-42) Result :- Appeal dismissed. ...
Acquittal upheld. Criminal Procedure Code, 1973, Section 374—Penal Code, 1860, Sections 302, 34—This appeal is against the judgment of acquittal dated 31.01.2013 passed by the High Court of Madhya Pradesh at Gwalior in Criminal Appeal No. 602 of 1998 in reversal of the judgment of conviction passed by Trial Court—Prosecution had not revealed, rather established, the genesis of the incident that led to the death of Naseem Khan—In other words, none of the witnesses including PWs 5 and 9 had deposed as to the genesis of the incident—In view of the nature of the evidence discussed above and the finding of the High Court that the respondents/accused are entitled to benefit of doubt and consequently for acquittal, no reason to hold that it is not a reasonably possible view though not the only view that could be ...
Acquittal set aside. Indian Penal Code, 1860, Sections 302 and 34—Appeal by complainant to impugn acquittal by High Court—The High Court, by the impugned judgment and order dated 1st November, 2023 recorded that the accused did not get a fair trial as their counsel had admitted the documents of the prosecution and had dispensed with its formal proof—This resulted into a serious and fatal illegality and as such in order to extend to the accused a fair trial, it was expedient to remit the matter back to the Trial Court for further trial from the stage of recording of evidence of PW 2 (he had not been cross-examined by the defence), after affording liberty to cross-examine PW 2—The prosecution would produce its formal witnesses and the defence would have liberty to cross-examine them also and only thereafter the tr...
Acquitted. Penal Code, 1860, Section 498A, 304B, 306, 406, 34—Appeal by Convict—Incident of Dowry death etc with common intention—The appellant was the second appellant in Criminal Appeal No.1014 of 2014 which was partly allowed under the impugned judgment whereunder, his conviction under Section 498-A was confirmed and the sentence imposed therefor was commuted to the period of imprisonment already undergone—It is a fact that despite the general, vague allegation no specific accusation was raised against the appellant—That apart, despite microscopic examination, could not find any specific evidence brought out by the prosecution against the appellant herein through anyone of the witnesses—In other words, the fact discernible from the impugned judgment is that none of the prosecution witnesses had sp...
Acquitted. (A) Constitution of India, Article 136—SLP by under trial—To impugn order of High Court which allowed Appeal against acquittal—In view of the facts and circumstances of the case, Trial Court was correct in proceeding under section 232 CrPC and accordingly acquitting the appellantaccused, treating it to be a case of no evidence—The Trial court was also correct in rejecting the application under section 319 CrPC for want of admissible evidence on part of the prosecution—For all the reasons recorded above, the appeal is allowed, the impugned order of the High Court is set aside and that of the Trial Court is restored. (Paras 19,20) (B) Code of Criminal Procedure, 1973, section 232—Acquittal for no evidence—When upheld—Why the prosecution witnesses were shying from facing the cr...
Acquitted. Indian Penal Code, 1860, Sections 302, 307 and 201—Appeal by convict—Sentencing him to death etc—No direct evidence, only circumstances evidence which are not complete—Suspicion, however strong it may be, cannot take the place of proof beyond reasonable doubt—An accused cannot be convicted solely on the ground of suspicion, no matter how strong it is—An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt—Conviction set aside. (Paras 22, 23-27) Result:- Appeal allowed. ...
Acquittal upheld. Indian Penal Code, 1860, Sections 304B and 498A—Criminal Revision Petition to impugn Acquittal in Dowry death offence—In the matter in hand, it is an unambiguous fact that the dying declaration of the deceased was recorded out of her free-will—Moreover, the said document was noted and affirmed in the presence of/ by the competent medical officer who was also examined by the learned Trial Court—Hence, the same cannot be called as a violation of the Rule 6.22 of the Rajasthan Police Rules—The contents of the dying declaration and the statements of the prime- witness and the complainant-petitioner nowhere states the allegations qua the dowry demands or harassment caused to the deceased by the respondents—Moreover, there is an unwarranted delay in lodging the F.I.R.—Lastly, taking...
Acquitted. (A) Penal Code, 1860, Sections 302, 34, 364—Abduction and Murder with common intention—Appeal to impugn conviction by High Court, by setting acquittal passed by Trial Court— Approach of the High Court in reversing the acquittal of A-6 and A-7 was not in line with the settled law pertaining to reversal of acquittals—Having observed that the case of the prosecution is full of glaring doubts as regards the offence of abduction, the offence of murder is entirely dependent on circumstantial evidence—Although, the post mortem report indicates that the death of the deceased was unnatural and the commission of murder can-not be ruled out—But there is no direct evidence on record to prove the commission of murder by the accused per-sons—The link of causation between the accused persons a...
Acqutted. (A) Negotiable Instruments Act, 1881, Section 138—Criminal Revision petition by accused on the ground of Demand notice issued with delay—Notice was dated 6-11-2020—In the complaint, it is alleged as posted on date 6-11-2020—Limitation of 30 days ended on a Sunday, 8-11-2020—Notice was posted on dated 9-11-2020, beyond limitation—Complainant failed to explain as to how notice is within 30 days, when it was admitted during cross examination that notice was posted on 9.11.2020—It was clearly open and available to the complainant to re-examine himself and clarify this aspect—However, since there are no specific averments in the complaint, it is clear from the record that demand notice was dispatched beyond 30 days and therefore, the complaint filed before the concerned Magistrate wa...
Case remanded. Negotiable Instruments Act, 1881, Section 138—Appeal to impugn acquittal—Neither the appellant nor the advocate engaged to represent his case, could remain present before the trial court at the time of hearing of the criminal case and in their absence the trial court has passed the impugned order of dismissed for default rejecting the complaint of the present appellant - herein the present case, only on three occasions, the complainant could not remain present and in his absence, the trial court has passed the order of acquittal and therefore, the same deserves to be quashed and set aside and the matter is required to be remanded back to the concerned trial court for deciding the issue afresh. (Paras 3, 6) Result:- Appeal partly allowed. ...
Penal Code, 1860 , 294, ,307, 323, 506, 353, 352/34—Acquittal—The High Court of Madhya Pradesh has confirmed the acquittal of the accused of charges under Sections 294, 323, 506, 353, 352 read with Section 34 of the Indian Penal Code—The complainant-appellant was appointed as the Chairman of the District Waqf Board, Seoni, and was abused and beaten to unconsciousness—The case was committed to the Court of Additional Sessions Judge, Seoni, where charges were framed—The High Court ruled that there is no basis for offence under Section 307 IPC against the accused. Penal Code, 1860 , 294, ,307, 323, 506, 353, 352/34—Witnesses—The complainant-appellant sought a criminal revision after a medical officer's opinion on the nature of the injury sustained by the complainant was dismissed—The cou...
Acquittal. Indian Penal Code, 1860, Section 420—Passports Act, 1967, Section 12(2)—Offence of helping to obtain Passport to a person who already had a passport—Appeal by convict—Prosecution failed to prove that, client already had a passport and Application is to get second passport—Prosecution had failed to place on record any evidence to prove that appellant had any previous knowledge of accused No.1 was already possessing a passport—In the absence of any cogent evidence placed in this regard and accused Nos. 1 and 3 to 5 having been acquitted of the offences alleged, the conviction and order of sentence imposed against the appellant alone cannot be sustained or in other words it has to be held that prosecution had failed to prove the guilt of the appellant beyond reasonable doubt. (Para 15) Res...
Facebook (Orkut) male friend became reason for suicide. Acquitted. Indian Penal Code, 1860, Sections 304-B, 498A—Dowry death and cruelty to wife—Appeal to impugn conviction—One of the essential ingredients of dowry death, namely, any demand for dowry, was not proved beyond reasonable doubt—Indisputably, the accused have not been convicted for murder, and rightly so, because there was no worthwhile evidence to show that except for the burn injuries, which could be self- inflicted, the accused suffered any other antemortem injury—Moreover, the presence of the accused in the house at the time of occurrence is not proved—In such circumstances, the death was most probably suicidal though this would not make a difference for commission of an offence punishable under Section 304-B IPC if all the other ingr...
Acquittal quashed. Negotiable Instruments Act, 1881, Section 138—Appeal to impugn acquittal—Issuance of the cheques was admitted by the respondent; however, it was stated that it was given for a security of Rs. 2 crores advance—Since the respondent/accused has not led any defence evidence, it was unclear how his stand, that it was given as a security for Rs. 2 crores, was to be substantiated—More so, the cheques were given for Rs. 2.6 crores instead of Rs. 2 crores which, as per the respondent, was agreed to be paid for the purposes of trade advance—Trial Court is wrong in believing the version of the respondents—The issuance, of said three cheques were issued as a security after the execution of the Power of Attorney in favour of the Bank does not arise—The findings recorded by the Trial Court...
Acquitted. Indian Penal Code, 1860, Sections 148, 302, 324—Appeal by convicts—Picturing a scenario where twenty-two persons entered into the premises armed with axes and sticks on a dark night, even if dimly lit by moonlight, it is difficult to believe that, in the melee that ensued, any person who was under attack would be in a position to identify, clearly and with certainty, as to who was assaulting whom and with what weapon—More so, as PW-1 claimed that Sambhaji, Accused No. 4, was one of the first persons to enter the premises along with Khemaji, Accused No. 2, but no attack was attributed to him, leading to his acquittal by the High Court—It is no doubt possible that PW-1 could have identified the accused who first entered the premises armed with axes and launched the initial attack on her h...
Acquitted. Indian Penal Code, 1860, Sections 148, 302, 324—Appeal by convicts - Picturing a scenario where twenty-two persons entered into the premises armed with axes and sticks on a dark night, even if dimly lit by moonlight, it is difficult to believe that, in the melee that ensued, any person who was under attack would be in a position to identify, clearly and with certainty, as to who was assaulting whom and with what weapon—More so, as PW-1 claimed that Sambhaji, Accused No. 4, was one of the first persons to enter the premises along with Khemaji, Accused No. 2, but no attack was attributed to him, leading to his acquittal by the High Court—It is no doubt possible that PW-1 could have identified the accused who first entered the premises armed with axes and launched the initial attack on her ...
Acquitted. Indian Penal Code, 1860, Sections 143, 147, 148 and 302 read with 149—Appeal by Convicts—Trial court acquitted giving benefit of doubt, on Prosecution's appeal, high court convicted—An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused—Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law—Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court—If two reasonable conclusions are possible on the basis of the evidence on record, the appellat...
Acquitted. Indian Penal Code, 1860, Sections 143, 147, 148 and 302 read with 149—Appeal by Convicts—Trial court acquitted giving benefit of doubt, on Prosecution's appeal, high court convicted—An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused—Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law—Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court—If two reasonable conclusions are possible on the basis of the evidence on record, the appellat...
Acquitted. Indian penal code, 1860, Sections 498-A, 307, 324—Dowry death etc—Appeal by convicts—In the present case, the postmortem report clearly demonstrates that the deceased suffered burn injuries—On account of septicemia, which is resulted from burn injuries, the deceased succumbed to the injuries—This means it has been proved that the deceased death is not normal—It is on account of burn injuries received by the deceased—Now, the question is whether such burn injuries are result of homicidal act or self inflicted—The injuries found on the body of the deceased also creates a doubt over the infliction of homicidal burn injuries—Dying declaration not reliable—Coming to the allegation regarding the harassment, absolutely, there is no evidence from the parents and o...
Acquitted. Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15—Appeal to impugn conviction for possession of Narcotics drugs—Defence of Alibi is believed by Supreme Court—Submission made by the counsel appearing for the appellant particularly with reference to the consideration of Ex.D1 to D7—The genuinity of these documents is not in dispute—Therefore, the father of the appellant did send telegrams, and in one of the telegram sent to the court also in the above documents it was alleged that the appellant has also been taken into custody, much prior to the custody shown by the respondent—At the time of taking the appellant into such custody, there was no FIR registered against the appellant—The approach of both the Courts was that the father of the appellant having not been examine...
Acquittal. Negotiable Instruments Act, 1881, Section 138—Conviction is impugned in Revision petition—A perusal of the cheque (Ext.CW-1/B) shows that it has been issued by M/s Verma Scientific Company—The complaint and the proof affidavit (CW-1/A)are silent regarding the connection of the accused to M/s Verma Scientific Company—Complainant and the affidavit state that the accused had issued a cheque in favour of the complainant—Since the cheque was not issued by the accused but by M/s Verma Scientific Company, therefore, it was essential for the complainant to establish the connection between the accused and M/s Verma Scientific Company—Learned Trial Court failed to appreciate that in the absence of any evidence connecting the accused to M/s Verma Scientific Company, the complainant's plea that th...
Acquittal upheld. Negotiable Instruments Act, Section 138—Acquittal upheld—Complainant is Chit Fund Company—Complaint for dishonour of cheque—Allegations in complaint and Examination in chief are different—Complainant has utterly failed to prove that the said Cheque was issued towards the legally enforceable debt—No factual or legal error committed by the trial Court in acquitting the accused. (Paras 11, 15) Result:- Appeal dismissed. ...
Acquitted. Negotiable Instruments Act, 1881, Section 138—Appeal to imougn Acquittal—Perusal of the evidence of the appellant/complainant shows that he specifically admitted that his name is not mentioned in the usanwar pawti—As such, from the usanwar pawti nowhere it reveals that it was executed in favour of the appellant/complainant—As far as source of income of the appellant/complainant is concerned, his admission is sufficient to show that the respondent/accused is teacher and having good income than the appellant/complainant—The appellant/complainant has not disclosed source of his earning and there is no other material to show that he was in a position to give such amount as a hand loan—It is pertinent to note that the entire reliance of the appellant/complainant is on the usanwar pawti, but the...
Acquittal set aside. (A) Negotiable Instruments Act,1881, Section 138—Appeal by complainant to impugn acquittal—Holding, that the cheque was not issued towards a legally enforceable liability, the acquittal was done—In the present case, a discrepancy apropos the rate of interest, whether it be 1.8%, 2.4% or 3% per month was not sufficient to disbelieve the claim of the appellant—Though the respondent before the learned Trial Court had contended that there was no loan transaction between the parties, but still, before the Appellate Court, by way of additional evidence, he marked receipts to show the re-payment of loan—Even there, the respondent did not produce all the receipts showing total discharge of the loan amount, as was noted by the Appellate Court, and only the difference in the rate...
Acquittal. Indian Penal Code, 1860, Section 353—Assault or criminal force to deter public servant from discharge of his duty—Appeal against conviction—Incident of resisting the proceedings of Anti-Corruption—There is absolutely no evidence to show that the accused used any hard and blunt object—PW-13 Dr. H.L. Bhuria had deposed that the injuries on PW-9 Niranjan Singh, PW-8 N.K. Parihar, Constable Raj Kumar and Constable Shivshankar might have been caused by hard and blunt object—In view of the above, there is no evidence to indicate that the accused assaulted or used criminal force on the trap party in execution of their duties or for the purpose of preventing or deterring them in discharging their duties. In short, none of the ingredients of Section 353 are attracted—The jostling and pushing ...
Acquittal—Indian Penal Code, 1860—Section 302 read with Section 120-B—Murder—Conviction and sentence—Affirmed by High Court—Appeals against—Determination of—Contradiction—PW11 stated that after deceased had been assaulted by accused appellant with sharp weapons and had fallen on ground, two persons also came at spot—PW12 stated that he saw only one person taking injured in rickshaw—Doubt created in mind of Court regarding presence of PW11—On a threadbare analysis of entire record, Supreme Court does not find that prosecution examined any witness who had deposed about link evidence/safe custody of mudammal articles right from time they were received at police station and seized till time same reached FSL—Prosecution has failed to lead convincing evidence establis...
Acquittal upheld—Negotiable Instruments Act, 1881, Section 138—Dishonor of cheque—Appeal by the complainant to impugn Acquittal—Trial Court had rightly observed that the Appellant was not able to plead even a valid existence of a legally recoverable debt as the very issuance of cheque is dubious based on the fallacies and contradictions in the evidence adduced by the parties—Furthermore, the fact that the Respondent had inscribed his signature on the agreement drawn on a white paper and not on a stamp paper as presented by the Appellant, creates another set of doubt in the case—Since the accused has been able to cast a shadow of doubt on the case presented by the Appellant, he has therefore successfully rebutted the presumption stipulated by Section 139 of the NI Act 1881—Moreover, affirming the f...
Acquitted. Indian Penal Code, 1860, Section 302—Indian Evidence Act, 1872, Section 106—Murder of wife—Last seen together not proved—Public prosecutor failed to cross examine hostile witness—Thus, he reached home after the death of his wife—Allegation was that the death was caused due to strangulation by the appellant—Therefore, the prosecution has miserably failed to prove the only circumstance it relied upon, namely, that the appellant and the deceased were last seen together—Therefore, the prosecution has failed to bring home the charge of the offence of murder punishable under Section 302 of the IPC. (Paras 8, 9) Result:- Appeal allowed. ...
Negotiable Instruments Act, 1881, Sections 138, 141—Appeal by complainant to impugn acquittal—Debtor is a Partnership firm, complaint against signatory of cheque alone is not maintainable. (Para 10). ...
Prevention of Corruption Act, 1988—Sections 7, 13(1)(d)—Acquittal of an accused in a corruption case, emphasizing crucial legal principles—The court found that the prosecution failed to establish the elements of demand, acceptance, and recovery of illegal gratification beyond reasonable doubt, a stringent standard of proof necessary for securing a conviction under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act, 1988—Additionally, the court noted that the sanction for prosecution was accorded mechanically, without proper application of mind by the sanctioning authority, rendering it invalid—The court stressed that the sanctioning authority must independently apply its mind and consider all relevant facts and materials before granting sanction—The court also highlighted the importance...
Acquitted. Prevention of Corruption Act, 1988, Sections 7 , 13(1)(d), 13(2)—Appeal by convicts, for the offence of corruption—After a threadbare analysis and evaluation of the evidence available on record, the prosecution case is full of embellishments contradicting and doubting and thus, it would not be safe to convict the appellant(AO1) for having demanded and accepted the bribe money from the complainant(PW-1)—At the cost of repetition, the manner in which M. Ashok S/o Abbaiah was associated as a panch witness in the trap proceedings, creates a grave doubt that the entire case was orchestrated against the appellant(AO1) at the instance of the said M. Ashok—In wake of the discussion made hereinabove, prosecution has failed to bring home the charges against the appellant(AO1) by leading evidence which can be te...
Acquitted. Penal Code, 1860, Section 302—Death allegedly due to Police torture—Death took place after reaching jail—Trial court and High Court convicted—Appeal by Convict—Evidence by eye witness about Torture at Police station is contradicted with Medical opinion—Reliance given to Medical opinion, to acquit—since the victim was brought dead from the Sabarmati Central jail, it was imperative upon the Investigating Agency to have made extensive investigation from the prison authorities so as to rule out the possibility of injuries having been caused, while the victim was lodged in the prison—If at all, Jeeva(deceased) was having the large number of injuries as noted in the postmortem report(Exhibit-50), the prison authorities would definitely have made a note thereof in the jail records at ...
Acquittal. Negotiable Instruments Act, 1881, Section 138—Appeal to impugn Acquittal—Accused specifically denied the alleged transaction with the complainant—It is not in dispute that the payee in Exhibit P2 cheque is M/s. Shiva Rubbers, a proprietary concern—The decision of the Honourable Supreme Court in Shankar Finance and Investments v. State of A.P. [2008 scc 536] shows that where the payee is a proprietary concern, the complaint can be filed (i) by the proprietor of the proprietary concern, describing himself as the sole proprietor of the ‘payee’; (ii) the proprietary concern, describing itself as the sole proprietary concern, represented by its sole proprietor; and (iii) the proprietor or the proprietary concern represented by the attorney-holder under the power of attorney executed b...
Acquittal set aside—Negotiable Instrument Act, 1881, Section 138—Appeal to impugn acquittal—Appellant has proved her case by overwhelming evidence to establish that cheque was issued towards the discharge of an existing liability and legally enforceable debt—The respondent having admitted that a cheque was signed by him, the presumption under Section 139 would operate—Respondent failed to rebut the presumption by adducing any cogent or credible evidence—Hence, defence is rejected—Therefore, the trial Court has committed illegality in passing the impugned judgment of acquittal—That means, the trial Court has committed a fundamental error with regard to the facts of the case and its approach in holding that complainant is entitled for Rs.50,000/- with interest from the accused i...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20 - Acquittal dismissed by High Court—Police testimony found contradictory, independent witnesses didn't support prosecution—Memo of non-recovery from accused's house raised doubts—Inconsistent statements on search location and case property integrity noted—Previous case law misapplied, but not pivotal—Trial Court's reasonable doubt stance upheld, no interference warranted—Appeal rejected, Trial Court judgment upheld. ...
Acquittal order set aside—Negotiable Instruments Act, 1881, Sections 138, 141—Appeal by the Complainant to impugn acquittal—At the Trial Court, Summons could not be served on the main accused, the Company—Complainant moved an Application to separate trial with other accused—Complainant didnot withdraw his complainant against the Company as accused—Trial Court was too much carried with the argument that company should be made a party. It was observed by the Trial Court that under Section 141 of the Negotiable Instruments Act, 1881 arraigning a company as an accused is imperative; the case against the company was withdrawn by the complainant; so, in absence of the company, the accused no. 2, being the Managing Director having vicarious liability cannot be brought in the dragnet of prosecution. On th...
(A) Acquittal and Sentence modified—Indian Penal Code, 1860, Section 304B—Appeal by Convicted Mother-in-law—Mother-in-law is reported to be around 70 years of age and is in jail for the last 5 years—So far as the role of mother-in-law in demanding dowry is concerned, the allegation is not specific as against her and the allegations at best appear to be omnibus and vague—PW-4, who is the father of the deceased, has categorically admitted that deceased and her husband (accused Rajendra) had separated from the family prior to her death—Not only that the deceased had started living separately but their kitchen etc. had also separated—In that view of the matter, even if the deceased has died unnatural death within 7 years of marriage, yet Smt. Kusuma Devi cannot be convicted for offence under Section 3...
(A) Acquittal—Negotiable Instruments Act, 1881, Section 138—Appeal by complainant to impugn acquittal—In the instant case, it transpires that complainant did not produce any evidence to show that either he is proprietor or Power of Attorney holder or authorized signatory—Therefore, learned trial court has rightly disbelieved the case of the complainant and acquitted the respondent- accused in absence of the material on record—Trial court while acquitting the respondent- accused assigned detailed reasons and this Court did not find any infirmity or perversity in the impugned judgment and order of acquittal. (Paras 7, 9) (B) Evidence Law—Onus to prove facts—Scope of—Phrase burden of proof has two meanings (I) the burden of proof as a matter of law and pleadings and (ii) the burden of establ...
Acquittal—Indian Penal Code, 1860, Sections 302, 34—Murder with common intention—Motive of quarrel about agricultural land—Eye witnesses not reliable—Benefit of doubt given—Acquitted. (Paras 37, 38) Result :- appeal allowed. ...
Acquital—Indian Penal Code, 1860, sections 302, 201—Murder and destruction of evidence, appeal by convict—Only evidence is last seen together—Accused and deceased went to drink liquor and next day dead body found—Thus, the recovery of the weapon at the instance of the appellant has not been proved—Therefore, it cannot be said that all the circumstances forming part of the chain of circumstances have been duly proved—Moreover, the evidence of PW-7, who deposed that pieces of glass were found at the place of the incident, and the opinion of the doctor who performed postmortem creates a doubt about the prosecution story—There is no explanation by the prosecution for the presence of a large number of glass pieces at the place where the body of the deceased was found—Circumstance of last se...
Acquittal—Indian Penal Code, 1860, Section 302, 304 Part I—Causing death with intention or Murder of paternal uncle, stabbed with knife—Genesis/ motive of dispute about partition of land belonged to share of Grandmother, after her death—First Round Trial Court convicted for Causing death with intention and punished—Complainant impugned that judgement by filing revision petition, which was allowed, case remanded and in the Second Round, Trial court modified the conviction to Murder—Eye witnesses turned hostile—Other witnesses conduct not reliable and improvements—Circumstantial evidence not reliable—Recovery of weapon was made from an open place, thus not reliable—Held: prosecution has failed to prove the case beyond reasonable doubt—Acquitted. (Paras 2.2, 22, 24, 27, 28) ...
Acquittal—Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8, 21, 42, 50—Indian Evidence Act, 1872, Section 136 para 2—Appeal to impugn conviction for the offence of possession of Narcotics Drugs—Neither the panch witness Manubhai (PW-1) nor the Intelligence Officer Deepak Pareek (PW-2) identified Firdoskhan (A-2) as the accused who had escaped from the bus stand. In this background, the first time identification of Firdoskhan (A-2) by Vikram Ratnu (PW-3) during his evidence in the Court recorded on 14th February, 2005 i.e. more than two years from the date of incident, is dubitable—The evidence of Vikram Ratnu (PW-3) to the extent he claimed to have identified Firdoskhan (A-2) is neither reliable nor it gets corroborated by any other independent evidence and hence, his evidence deserves to be d...
(A) Acquitted—Indian Evidence Act, 1872, Section 9—Facts necessary to explain relevant facts—Identification of co-accused/ appellant—Name changed between documents—Recovery of weapon not reliable—Identification not reliable—Conviction only on the basis of identification of the accused in the Court for the first time after four and half years of the incident would not be sufficient—Insofar as the motive is concerned, the motive is attributed only to Accused No.1-Jaison and not to the present Appellant—Acquitted. (Paras 13-15, 17) (B) Disclosure statement—Evidence Act, 1872, Section 27—Disclosure statement—Recovery, when not relied—Prosecution also relied on the recovery of iron rod allegedly on the memorandum of the present Appellant—However, it is to be...
Acquittal—Indian Penal Code, 1860—Section 376 (A) (B) —Protection of Children from Sexual Offences Act, 2012—Sections 5 (1)/6 and 5 (m)/6—Sexual assault—Appeal against acquittal—Filed by State—Determination of—Case was registered on basis of CCTV footage—When Judge tested pen drive at Judicial Service Centre, no obscene footage was found inside it—Pen drive was not sent to Forensic Science Laboratory—Doctor found no external injuries or fresh mark of injury on body part of victim—Prosecution story comes under doubt—In the instant case, there is no single evidence to support the case of prosecution—Testimony of victim cannot be formed sole basis of convicting the accused—No merit in this appeal—Appeal dismissed. (Paras 13 to 21...
Acquittal—Indian Penal Code, 1860—Section 302—Murder of husband—Acquittal—Appeal against—Field by State—Determination of—Extra judicial confession of accused—PW1 in his original complaint has stated when he was sitting at his home with his family, he heard some noises—When he came out, he saw that in neighboring house of 'B', the deceased was lying in a state of unconsciousness and blood was flowing from his head—His wife standing there—Upon asking she stated that she hit her husband with a stone slab—However, PW1 has not made by statement regarding accused killing her husband—Accused arrested two days after the alleged incident—If accused had confessed to killing her husband, police must have arrested her on same day—It is settled law ...
(A) Acquitted—Indian Penal Code, 1860, Sections 306/34—Appeal to impugn conviction for Abetment of Suicide—Wife committed suicide after 6 years of marriage—In the case of abetment there must be a proof of direct or indirect acts of incitement by the accused leading to the commission of suicide which is missing in the case in hand. Being so, conviction of the accused/appellant under Section 306 IPC is hereby set aside as the prosecution has utterly failed to make out the same. (Paras 12, 15) (B) Indian Penal Code, 1860, Sections 498A/34—Appeal to impugn conviction for Cruelty—It is evidently clear that the ingredients so required for making out a case for the offence u/s 498A cannot be said to have been established. For constitution of an offence under Section 498-A IPC, the ingredients thereof must b...
Acquittal—Negotiable Instruments Act, 1881, Section 138—Compromise between Accused and Complainant—Consequence—A combined reading of Section 147 of the Negotiable Instruments Act alongwith Section 320 Cr.P.C. would establish that where a settlement has been effected, the offence under Section 138 of the Negotiable Instruments Act can be compounded on account of the fact that a mutual compromise has been effected between the parties—Since, the parties have voluntarily settled the disputes between themselves, it is a fit case for allowing them to compound the offence. (Paras 5, 11) Result :- Revision petition allowed. ...
Acquittal—Indian Penal Code, 1860—Sections 302—Murder—Appeal against acquittal—Filed by State—Legality of—Instant case rests solely on dying declaration of deceased—She had suffered 70-75% burn injuries—Which were below her breast—Prosecution witnesses PW2, PW3 and PW4 have not supported prosecution's case—Deceased's 10 years-old daughter, has also not supported prosecution case—She has stated that her mother had poured kerosene oil on herself and set herself on fire—According to her accused person had not beaten her mother—Her mother had no quarrel with them nor had they burnt her mother—Present case rests on circumstantial evidence—No one seen the assault by respondents on deceased—Prosecution has failed to establish commission ...
Acquittal—Indian Penal Code, 1860—Sections 363, 366-A and 376 (2) (n)—Protection of Children from Sexual Offences Act, 2012—Sections 5 (1), 5 (j) (ii) and 6—Kidnapping and rape—Conviction and sentence—Appeal against—Determination of—There is no evidence adduced by prosecution to establish as to who was person who got date of birth of victim recorded in her school—Mother of victim, could not also tell date of birth—Prosecution fails to prove that victim was a child on date of incident—In her statement recorded under Section 164 of Code, victim has stated that she was in relationship with appellant—Victim was not kidnapped and not minor—Victim, on her own, had joined company of appellant—She was consenting throughout—Prosecution utterly failed to...
Acquittal—Criminal Procedure Code, 1973, Section 374—Appeal by convicts—On reappreciation of evidence, acquitted—Neither the disclosure memos were proved in accordance with law nor the recovery of the weapons from open spaces inspire confidence and were wrongly relied upon by the High Court as incriminating material so as to reverse the finding of the acquittal recorded by the trial Court—The evidence of seizure of weapons of the offence is not trustworthy and was rightly discarded by the trial Court—In addition thereto, we may note that admittedly, the prosecution did not procure any serological opinion to establish blood group, if any, on the weapons so recovered—Thus, the recoveries are otherwise also meaningless and an exercise in futility—Thus, neither the evidence of the eye witness is...
(A) Acquittal—Code of Criminal Procedure, 1973, Section 374—Appeal to impugn Conviction—Incident of: at about 10:30 am, while the complainant Bhagu Bai was proceeding to her field, a person came from behind, closed her eyes, assaulted her with a knife and snatched away the silver jewellery—Prosecution miserably failed to prove the factum of disclosure made by the accused to IO leading to the recovery of the silver articles allegedly looted by the accused from the complainant—It is also important to note that the prosecution did not lead any evidence to show that the recovered articles were sealed at the time of recovery or that they were kept secure in the malkhana of the Police Station till the same were subjected to identification before the Executive Magistrate—In addition thereto, it is also relevan...
Acquittal—Benefit of Doubt—Penal Code, 1860—Sections 302, 304 and 34—Acquittal, Benefit of Doubt—Night time, murder using spade—Motive not reliable—On going through the evidence of Sharan Kaur (PW-5) and Daljit Singh (PW-6), with reference to other evidence available on record, held that both these witnesses fall in the second category, i.e., wholly unreliable—No other tangible evidence was led by the prosecution to connect the accused appellant with the crime—Spade was found near injured—Evidence of Sharan Kaur (PW-5) and Daljit Singh (PW-6) is wholly unreliable, does not inspire confidence in the Court so as to affirm the conviction of the appellant—It may be reiterated that no corroborative evidence was led by the prosecution so as to lend credence to the testimony of th...
Acquittal—Indian Penal Code, 1860—Sections 363 and 370—Protection of Children from Sexual Offences Act, 2012—Section 3/4—Prohibition of Child Marriage Act, 2006—Sections 9 and 10—Kidnapping and rape—Accused acquitted by trial Court—Appeal against acquittal—Filed by State—Legality of—Trial Court observed that if victim had been kidnapped in such a public place like Devidhar, some public witness would have given information/evidence to investigator—When accused were arrested from that busy place—This is in itself suspicious that a serious crime like kidnapping and rape was committed by accused—Statements given by victim under Sections 161 and 164 of CrPC were different from evidences given by victim in her testimony during her cross-examination—F...
Acquittal—Indian Penal Code, 1860, Section 302—Appeal by conviction—Murder—Motive of suspicion of illicit relationship with wife of accused—Prosecution examined 11 witnesses so as to prove its case—Prosecution case was primarily based on testimonies of PW-5 first informant, being brother of deceased and PW-8 who claimed that accused had made an extra judicial confession before him—Both Star prosecution witnesses fall within category of wholly unreliable witnesses and thus, in light of law laid down, it would be unsafe to place reliance on their evidence so as to affirm the guilt of accused appellant—No other evidence was led by prosecution for bringing home charge—Conviction set aside. (Paras 7, 36) Result : Appeal allowed. ...
(A) Acquittal—Negotiable Instruments Act, 1881, Sections 138, 139 - Appeal by Complainant, to impugn acquittal—Complainant has failed to prove his financial capacity, the ultimate conclusions arrived at by the trial Court is correct—Consequently, the appeal filed by the complainant, challenging the dismissal of complaint filed by him fails. (Para 28) (B) Cheque issued as Security—Negotiable Instruments Act, 1881, Section 138—Cheque issued as Security—Scope of—Merely labeling a cheque as a security would not obviate its character as instrument designed to meet legally enforceable debt or liability. Once agreement between parties provided for which money is due and payable, cheque furnished as a security is covered under the provisions of Section 138 of N.I Act....
Acquittal—Negotiable Instruments Act, 1881—Section 139, 138—Offences by Companies in Dishonour of cheque—Revision petition by Convict—Defence of, cheque was issued as a security—Cheque was issued on behalf of the Company of the accused, but only he was made an accused—In the absence of the company being arraigned as an accused, a complaint against the appellant was therefore not maintainable—Appellant had signed cheque as a Director of company and for and on its behalf—Company could now, not be arraigned as an accused at this stage and without company as party in this case proceedings is clearly an abuse of process of law/Court being not maintainable and proceedings thus being not in accordance with law, judgment under revision and judgment under conviction are liable to be set aside. ...
(A) Benefit of doubt given—Acquitted—Narcotics Drugs and Psychotropic Substances Act, 1985, Sections 29 read with 20(b)(ii)(c) and 25, 67—Appeal impugning conviction—Secret information, chase and recovery of charas to the tune of 1.450 Kilograms—Relying upon Confession, conviction done—From the house of Accused-1 also Recovery was done—Evidence of PWs not reliable—Confession statement cannot be relied—Benefit of doubt given—Acquitted. (Paras 5, 48-54) (B) Narcotics Drugs and Psychotropic Substances Act, 1985, Section 67—Power to call for information, etc, scope of—Officers who are invested with powers under Section 53 of the NDPS Act are "police officers" within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement...
Acquitted—Negotiable Instruments Act, 1881, Section 138—Criminal Procedure Code, 1973, Section 156(3)—Cheque dishonour offence—Appeal by Accused—As far as FIR case under Sections 406, 420, 120B of IPC against the appellant is concerned, in any case no merit in the allegations that the appellant from the very beginning had the intention of cheating the complainant—It is a fact that the appellant failed to procure and supply the ‘machine’ even after taking the advance money from the complainant but there is nothing on record to show that the appellant had any ill intention of cheating or defrauding the complainant from the very inception—The transaction between the parties was purely civil in nature which does not attract criminal law in any way—Even though complainant is unwilling...
Acquittal upheld—Indian Penal Code, 1860, Sections 363, 366, 376(2)(i)—Protection of Children from Sexual Offences Act, 2012, Section 4—Appeal by prosecution to impugn acquittal—Sexual Offence against children—Age of prosecutrix not proved—Her evidence not reliable—In view of our foregoing discussion and testimony of Miss S which does not enthuse any confidence, DNA report, in itself, would not carry any real significance and, therefore, no weightage in isolation can be given to such report either—It must pale into insignificance in the peculiar factual matrix of the case in hand—Acquittal upheld. (Paras 41, 42) Result :- Appeal dismissed. ...
Negotiable Instruments Act, 1881, Section 118(a), Section 138 and 139—Appeal by Complaint, to impugn the order of Acquittal—Complainant established execution of Ext.P1 cheque, the mandatory presumption as provided under Section 139 of the Negotiable Instruments Act has been drawn in her favour—In the complaint, the complainant has not pleaded the dates she lent the money, and the accused executed the cheque—While giving evidence, the complainant stated that the accused executed the cheque on 3.1.2017—Necessary conclusion is that the complainant has established the execution of Ext.P1 cheque by the accused—Complainant failed to give a satisfactory explanation for the suspicious circumstances brought out regarding the consideration of Ext.P1 cheque—Trial Court held that the ...
Protection of Children from Sexual Offences Act, 2012 - Section 12—Penal Code, 1860 - Section 506—Acquittal—Sexual Harassment and Criminal intimidation—Victim/P.W.2, a minor girl aged about 13 years, was an eighth-grade student of a Higher Secondary School during the academic year 2017-18. A-1 and A-2 held positions as Tamil and Social Science teachers, respectively, in such school—The first incident occurred on 14th February, 2018, around 10:15 A.M. A-1 entered the classroom, approached the victim, and forcefully presented her with roses, jasmine flowers, and chocolate in the presence of fellow students—Despite the victim's refusal to accept the offerings, A-1 resorted to twisting her arm, coercing her into accepting the same—The second incident took place later in the day on 14th February, 2...
Indian Penal Code, Sections 323, 294, 427, 341, 447, 506B r/w Section 34 and Sections 107, 141—Acquittal from offence of Tresspassing of property—Fact that the Contempt Petition was filed has not even been disclosed in the statement of the first petitioner recorded in the complaint—The first respondent did not challenge the dismissal of the Contempt Petition—In view of the finding recorded in the Contempt Petition by the High Court, taking the cognizance of the said complaint was surely an abuse of the process of law—The cognizance was taken after the dismissal of the Contempt Petition by a detailed order—There is another factual aspect of the matter—In the examination of the first respondent on oath in the complaint, he has not given even the date on which alleged acts of encroachment and adminis...
Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8 and 20—Appeal to impugn conviction for possession of Ganja—There are 4 convicts, one died thus 3 appellants—Admittedly, no proceedings under Section 52A of the NDPS Act were undertaken by the Investigating Officer PW-5 for preparing an inventory and obtaining samples in presence of the jurisdictional Magistrate—In this view of the matter, the FSL report(Exhibit P-11) is nothing but a waste paper and cannot be read in evidence—The accused A-3 and A-4 were not arrested at the spot—The offence under Section 20(b)(ii)(c) deals with production, manufacture, possession, sale, purchase, transport, import or export of cannabis—It is not the case of the prosecution that the accused A-3 and A-4 were found in possession of ganja—The ...
Negotiable Instruments Act, 1881, Sections 138, 139—Acquittal—Appeal by the complainant, to impugn acquittal of accused—Entire purpose of requiring a notice is to give an opportunity to the drawer to pay the cheque amount within 15 days of service of notice and thereby free himself from the penal consequences—Proviso is not meant to protect unscrupulous drawers who never intended to honour the cheques issued by them, it being a part of their modus operandi to cheat unsuspecting persons—Any drawer who claims that he did not receive the notice sent by post, can, within 15 days of receipt of summons from the court in respect of the complaint under Section 138 of the Act, make payment of the cheque amount and submit to the court that he had made payment within 15 days of receipt of summons (by receiving...
Penal Code, 1860, Sections 301, 302, 307—Murder and attempt to murder—Life sentence—Appeal by convict against concurrent finding by Sessions court and High Court—Ram Singh accompanied by one Lala Ram came to his residence—He 3 stated that both of them were residents of his village—Ram Singh was holding a country made pistol in his right hand—As per version in the first information, Lala Ram had instigated Ram Singh by loudly saying that these people were creating disturbances; so kill them—When there is similar or identical evidence of eyewitnesses against two accused by 26 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...
Code of Criminal Procedure, 1973 under Section 378(4), Section 437 A—Negotiable Instruments Act, 1881 , Section 138, Sections 118 and 139—Acquittal—leave to appeal—Complainant—Dishonor of Cheque—The trial court, upon considering the evidence, found that the complainant failed to prove his financial capacity and the existence of the loan transaction beyond a reasonable doubt—The court noted discrepancies in the complainant's evidence, including contradictory statements and the delayed introduction of the promissory note—Despite the complainant's argument that the promissory note supported the loan transaction, the court found the discrepancies raised doubts about its authenticity—Additionally, the court observed that the complainant did not provide adequate proof of hi...
Penal Code, 1860—Section 302—Arms Act, 1959—Section 25—Evidence Act, 1872—Section 27—Acquittal—Murder two persons—Life sentence—Eyewitness testimony—Circumstantial evidence—Unreliable Evidence Leads to Acquittal—The court overturned the conviction and sentence of the appellant-accused, emphasizing the unreliability of evidence related to the recovery of the weapon—The court held that the statement indicating the location of disposed bodies was inadmissible under Section 27 of the Indian Evidence Act, as the bodies were already discovered before the appellant's claim—Critical findings raised substantial doubts about the prosecution's truthfulness, prompting the court to extend the benefit of the doubt to the appellant—With the evidence of...
Penal Code, 1860—Sections 302 and 201 read with 120B—Murder—Acquittal—The Supreme Court emphasized that the recovery of a blood-stained dagger, the only potentially incriminating evidence, was insufficient to establish guilt beyond reasonable doubt—The dagger was found in an open place accessible to everyone, and the blood on it did not match the deceased's blood group—Relying solely on the recovery of a blood-stained weapon, the court referenced the precedent (Mustkeem alias Sirajudeen v. State of Rajasthan) stating that such circumstance alone couldn't lead to conviction unless directly linked to the murder—Emphasizing the need for the prosecution to prove the case beyond reasonable doubt, the court rejected the conviction based on mere suspicion and highlighted that the accused's no...
Business of money lending—Negotiable Instruments Act, 1881—Sections 138 and 142—Code of Criminal Procedure, 1973—Section 378—Acquittal—Complainant filed appeal against—Legality of—As per case of complainant, cheque was given by respondent accused in the year 2018—Which was deposited in year 2021—It is admitted by complainant that cheque was blank cheque—Amount and date was filed up by himself—Which was projected that amount of Rs. 18,00,000/- lended—Which is in cash—Cross examination—Further reveals that after 2018, various amount was transferred in account of complainant by respondent accused through different cheques—This fact is not being disclosed either in notice, complaint or in verification—Which was recorded before trial Court&mda...
Acquittal—Indian Penal Code, 1860, Sections 302, 34—Murder with common intention—Appeal by convict—It is a settled principle of law that however strong a suspicion may be, it cannot take place of a proof beyond reasonable doubt—There is a yawning gap between the charge against the Appellant and the evidence that the prosecution has adduced—Circumstances do not establish the guilt of the Appellant at all—While the principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused, in the present case the evidence adduced gives rise to doubts, improbabilities and inconsistencies—Acquitted. (Paras 28, 29) Result:- Appeal allowed. ...
Juvenile Justice (Care and Protection of Children) Act, 2000, Sections 29, 42, 4—Penal Code, 1860, Section 376—The High Court acquitted the appellant—The court emphasized the prosecution's failure to establish foundational facts and the victim's age, crucial under the POCSO Act—The delay in filing the FIR, discrepancies in victim testimony, and lack of medical evidence were highlighted—The court questioned the authenticity of a panchayati and noted the absence of mobile call evidence—The Investigating Officer's lapses in visiting the crime scene and recording witness statements were criticized—The court ruled that the presumption under Section 29 of the POCSO Act did not apply, and the prosecution failed to prove charges beyond reasonable doubt. Consequently, the appellant was acquitte...
Criminal Procedure Code, 1973 Section 378(4)—Negotiable Instruments Act, 1881, Section 138—Acquittal—complainant—Dishonor of cheque—Special leave to appeal against the acquittal of the respondent in a cheque dishonor case—The complainant, engaged in the textile business, alleged non-realization of payment for goods supplied, leading to the issuance of a dishonored cheque—The lower court acquitted the respondent, questioning the complainant's locus standi and highlighting contradictions in evidence—The complainant sought leave to appeal, asserting his role as the authorized person/proprietor of "Vrundavan Textiles." The court, citing the complainant's failure to provide documentary evidence establishing his association with the firm, upheld the acquittal, emphasizing the nec...
Negotiable Instruments Act, 1881, Section 138—Code of Criminal Procedure, 1973, Section 378(4)—Acquittal—Complaint—Dishonoured cheques—Seeking permission to appeal the trial court's order acquitting the respondent of an offense under Section 138 of the Negotiable Instruments Act—The court, finding merit in the appellant's case, granted leave to appeal, assigning the case a number—The appeal challenged the trial court's decision based on dishonor of a post-dated cheque for property rent—The trial court's acquittal rested on procedural lapses, such as an alleged discrepancy in postal receipts and the absence of a Section 65B certificate for tracking reports—The appellate court held that the trial court erred in dismissing the complaint, emphasizing that the complaint was ...
Negotiable Instruments Act, 1881, Section 138, 139—Code of Criminal Procedure, 1973, Section 378(1)—Acquittal—Presumption—Post-dated cheque—The petitioner extended a loan to the respondent, who issued two post-dated cheques that were subsequently dishonored—The court emphasizes the essential elements for a Section 138 offense and notes the respondent's denial of signatures on the cheques—The petitioner fails to prove the issuance of cheques, maintain friendly relations, or establish a legally enforceable debt—The court finds no basis for the presumption under Section 139—The respondent presents a plausible defense, reporting a prior loss of documents—The judgment dismissing the appeal is upheld, considering the factual and legal aspects. ...
Penal Code, 1860—Section 302 and 149—Murder—Acquittal—Conviction must hinge on evidence proving the accused's guilt beyond reasonable doubt—The case involves incomplete circumstantial evidence and a dubious eyewitness, who, as the father of the deceased, harbors enmity with the accused group—The High Court's cautious examination of the interested witness's testimony, justified due to his vested interest, led to doubts, yet it upheld the conviction based on his solitary evidence—Both circumstantial evidence and the eyewitness account failed to establish guilt. Consequently, the High Court's decision to extend the benefit of doubt to the accused, given the inadequacies in proof, is considered the most reasonable stance—Appeal dismissed. ...
Negotiable Instruments Act, 1988, Section 138, 139—Criminal Procedure Code, 1973, Section 378(4)—Acquittal—Complaint—Considering the evidence, acquitted the respondent of the offence under Section 138 of the Negotiable Instruments Act—The cross-examination of the appellant raised doubts about crucial facts, including the alleged payment for the plot and the appellant's financial capacity— Emphasizing the statutory presumptions under Section 139 read with Section 118 of the NI Act, the court clarified that the accused need not prove innocence beyond reasonable doubt but must raise a probable defense—Referring to legal precedents, it noted that the complainant failed to establish the source of funds, creating doubt—The court upheld the trial court's decision, highlighting the...
Indian Penal Code, 1860 — Section 34, Section 201, Section 302—Code of Criminal Procedure, 1973 — Section 313, Section 319, Section 319(4)(a)—Evidence Act, 1872 — Section 24, Section 25, Section 26, Section 27, Section 59—Acquittal—insufficient and unreliable evidence—Circumstantial evidence—Murder of a 3-year-old named Jyoti Kumar, six accused individuals, including Tunna Choudhary, Baban Choudhary, Sunita Devi, Rajendra Choudhary, Ashok Choudhary, and Sukari Devi, were charged under Sections 302 and 201/34 of the Indian Penal Code—Tunna Choudhary and Baban Choudhary were convicted under Section 302, receiving life imprisonment, while all six were convicted under Section 201—The prosecution relied on the victim's father's statement and the recovery of the body base...
Code of Criminal Procedure, 1973 — Section 374—Indian Penal Code, 1860 — Section 34, Section 201, Section 302—Acquittal—Eye witness—Faced trial for offenses under sections 302/201/34 of the Indian Penal Code (IPC) for the murder of Umakanta Bariha—The trial court acquitted Bira Bilung but found the appellant guilty under section 302 of the IPC and sentenced him to life imprisonment—Both were also held guilty under section 201/34 of the IPC—The prosecution's case relied on the testimony of P.W.5, the sole eyewitness—However, the court found a belated disclosure by P.W.5, unexplained by the prosecution, casting doubt on the reliability of the testimony—Consequently, the court allowed the appeal, setting aside the conviction, and acquitted the appellant of all charges. ...
Evidence Act, 1872 — Section 106, Section 113B—Indian Penal Code, 1860 — Section 304B, Section 306—Dowry Prohibition Act, 1961 — Section 2, Section 3, Section 4, Section 8—Acquittal—Dowry death—The criminal revision challenges the acquittal of the accused under Sections 304B, 498A IPC, and Section 3/4 of the DP Act—The revisionist alleges misreading of evidence and emphasizes the presumption under Section 113B of the Indian Evidence Act for dowry death—The prosecution counters the acquittal, presenting evidence of dowry demands, harassment, and death by poison—The court examines witness statements, the postmortem report, and FSL findings. Despite the revisionist's contentions, the court deems the grounds insufficient, affirming the acquittal—The judgment criticize...
(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Penal Code, 1860—Sections 147, 148, 149, 307, 323, 504—Attempt to murder—Acquittal—Charge under Section 3(2)(v) not justified—Alleged casteist abuses, framing of charge quashed—Prima facie, the accused, not being SC/ST members, committed an offense punishable under IPC Section 307 against Rinku Thakur, not Virender Kumar, who was the alleged victim of casteist abuses—Section 3(2)(v) requires allegations that the accused, not being SC/ST, committed an IPC offense punishable with 10 or more years of imprisonment against a member of SC/ST—Since the only applicable offense was against Rinku Thakur, the charge under Section 3(2)(v) was unsustainable—Directions issued to quash and set a...
(A) Penal Code, 1860—Sections 306, 107—Abetment to Suicide—Acquittal—Court Rejects Allegations: In a case involving abetment to suicide, the court ruled against the appellants, who were accused of instigating the deceased's suicide due to a loan dispute—The incident of abuse and assault occurred more than two weeks before the suicide, as per the complaint filed by the deceased's wife—The suicide note, written three days before the suicide, did not implicate the appellants in any subsequent actions—The court held that the alleged acts lacked the required proximity to the suicide date to be considered instigation—Notably, the deceased's suicide note primarily blamed his wife for the predicament, absolving the appellants of direct involvement. (Para 10) (B) Penal Code, 1860&...
Penal Code, 1860—Section 376(2) (g), 342 read with Section 34—Acquittal—Gang rape and wrongful restraint—Common intention—Conviction and sentence—Prosecution fails to establish the case beyond reasonable doubt in a sexual assault trial. Discrepancies in the prosecutrix's testimony, absence of injuries, and conflicting statements undermine credibility—The incident allegedly occurred three houses away, and the prosecutrix's silence during the alleged abduction raises doubts— Medical evidence suggests uncertainty regarding the timing of intercourse—Forensic reports reveal no semen on the prosecutrix's clothes but implicate the accused's underwear—The accused raises a plausible defense of a civil dispute between their grandfathers, challenging the prosecutrix's kn...
Penal Code, 1860 (IPC)—Sections 279 and 337 — Motor Vehicles Act, 1988—Section 196 — Criminal Procedure Code, 1973 (CrPC)—Section 313—Acquittal of road accident—Accused of offenses under Sections 279 and 337 of the Indian Penal Code (IPC) and Section 196 of the Motor Vehicles Act arising from a road accident—The appeal contends that the trial court erred in dismissing credible evidence, including eyewitness testimony identifying the accused as the driver. Key Points: Subhash Chand was acquitted of charges related to a road accident. The prosecution appealed the acquittal, arguing that the evidence established the accused's guilt. The appellate court allowed the appeal and convicted the accused. Issues: Whether the prosecution adequately identified the accused...
(A) Criminal Law—Acquittal—Statement asserts that the presumption of innocence is reinforced when a trial court issues an acquittal. It argues that the Court of Appeal should exercise caution in overturning such acquittals and emphasizes that reiterating this principle is unnecessary. The statement underscores the need for exceptionally compelling reasons to justify overturning an acquittal, highlighting the gravity of such a decision. In essence, the summary underscores the importance of respecting acquittals and approaching their reversal with great care and strong justifications. (B) Penal Code, 1860 (IPC)—Sections 143, 144, 146, 147, 148, 447, 324, 326, 504 and 506 r/w Section 149—Causing hurt by dangerous weapons—Acquittal—Motive was absent—Recoveries made in accessible places ar...
Negotiable Instruments Act, 1881, Sections, 138, 139, 118(a)—Documentary evidence—Complainant—Acquittal—Emphasized that a mere denial of a transaction and alleging cheque misuse without cogent evidence is insufficient to rebut the legal presumption under Section 138 of the Negotiable Instruments Act—The court set aside the acquittal, noting the accused's admission of issuing the cheques and the absence of evidence to substantiate claims of misuse—The court criticized the appellate court for not properly considering the complainant's evidence, failing to address the presumption adequately, and wrongly acquitting the accused. ...
Penal Code, 1860 (IPC)—Sections 452 and 307—Criminal Procedure Code, 1973, Section 374 (2)—Acquittal—Attempt to murder—The accused were acquitted of charges related to house-trespass and attempted murder. Delays in sending the special report to the Magistrate and examining an injured witness raised concerns. The delay in sending the report is a crucial check on police work. The prosecution must explain delays, and without a reasonable explanation, the court must scrutinize the case carefully. No recoveries, such as blood-stained clothes, soil, and weapons, were made by the Investigating Officer. As a result, the conviction and sentence were set aside, and the appeal was allowed. ...
Penal Code, 1860 (IPC)—Sections 147, 148, 323/149 and 325/149—Acquittal—The accused were acquitted of the charge of voluntarily causing grievous hurt with dangerous weapons due to lack of direct evidence. They had reached the complainant's house armed with deadly weapons, used abusive language, and assaulted the complainant and his nephew. Since there was no direct evidence in the case, the trial court could not base the conviction on conjecture and surmises. The chain of circumstances needed to establish guilt was not fully proven, and the established facts were consistent with multiple hypotheses. Therefore, the conviction and sentence were set aside, and the appeal was allowed. ...
Ranbir Penal Code, 1989—Sections 307, 323, 341 and 34—Criminal Procedure Code, 1973 (CrPC) Sections 173, 342, 164A—Acquittal—Attempt to murder—Eye witness—Complainant alleged that the respondents had assaulted him, causing grievous injuries—However, the prosecution's case relied primarily on the testimony of the injured complainant, who had changed his statement during the trial, introducing significant inconsistencies—Additionally, witnesses contradicted the complainant's version of events—The court found that the prosecution's evidence did not establish guilt beyond a reasonable doubt, leading to the acquittal of the respondents—The application for leave to appeal was dismissed, upholding the acquittal. ...
Penal Code, 1860 (IPC) - Sections 302 and 376—Rape and Murder - Acquittal—Appellant was acquitted. The key evidence against the appellant was the presence of his DNA on the vaginal swab of the deceased. The court noted that while DNA evidence can be corroborative, it is not conclusive. Furthermore, the prosecution failed to conduct a DNA test on semen found on the deceased's underwear to confirm the appellant's involvement. This important evidence was not specifically put to the appellant during the trial, which was a serious lapse. The court found that the prosecution had not proven its case against the appellant beyond a reasonable doubt, leading to the acquittal of the appellant, and the conviction and sentence were set aside. ...
(A) Indian Evidence Act, 1872—Section 65-B—Indian Penal Code, 1860—Section 302 read with Section 149—Murder case involving an unlawful assembly, the conviction and sentence of the appellants and co-accused were based on CCTV footage as evidence—However, this evidence raised serious doubts about its reliability and the presence of the appellants at the crime scene due to concerns about its source and authenticity—Additionally, crucial items like a laptop and a mobile phone were not produced or seized during the investigation—The confessional statements were recorded when the accused were in police custody, lacking credibility—There was no evidence connecting the appellants to the deceased or co-accused, and no overt acts were attributed to them. As a result, the prosecution failed to prove th...
Criminal Procedure Code, 1973 (CrPC)—Section 438, 437A—Appellant, despite being acquitted, could not be released due to difficulties in furnishing the bond as required by Section 437A of the Criminal Procedure Code—The court received a medical report indicating the appellant's mental health condition and noted that the issue of bond requirements for acquitted individuals was pending before the Select Committee—The court observed that the proposed changes to the law did not fully address the issue and directed that, in the interim, the word "shall" in Section 437A be read as "may," and "bail or bail bond" be read as "personal bond with or without surety." This directive applies to trial courts in relevant cases. ...
Penal Code, 1860 (IPC) Section 302—Acquittal—Head injury—Prosecution argues that there is direct evidence implicating the accused, including eyewitnesses who saw the accused with a stick and the victim's head injury—The trial court's decision to acquit the accused was based on a delay in informing authorities—The High Court, after reviewing the evidence and circumstances, grants leave to the prosecution to file an appeal. ...
(A) Penal Code, 1860 (IPC)—Sections 498- A, 307, 40 302 read with Section 34, 304-B—Criminal Procedure Code, 1973 (CrPC) Section 313—Dowry Death—Acquitted—Harass deceased on account of insufficiency of dowry—Medico-legally examined 91% burns on her body—Dying declaration—Appellant, who was convicted of offenses under the Indian Penal Code, including Section 304-B (related to dowry death)—The appeal challenges the conviction. The facts of the case are summarized as follows: The appellant married the deceased in March 1987, and they had children together. The prosecution alleges that the appellant harassed the deceased for insufficient dowry. It is claimed that the deceased's parents paid money and gave gifts to the appellant to fulfill his demands. The decea...
Criminal Procedure Code, 1973 (CrPC), Section 164, 313—Penal Code, 1860 (IPC), Sections 147, 148, 149, 337, 302—Arms Act, 1959, Section 27—Convicted of murder and firearms—Related charges based on an incident in 1991—The prosecution's case alleged that the appellant shot the victim on the victim's roof—However, the court found inconsistencies in the evidence regarding the manner and place of occurrence—Due to these doubts, the court concluded that the prosecution had failed to prove the charges beyond a reasonable doubt and set aside the conviction and sentence, acquitting the appellant. ...
Constitution of India, Article 32—Indian Penal Code, 1860, Section 302 read with Section 34—Juvenile Justice Act, 2000, Section 16 read with Section 15(1)(g)—Petitioner sought verification of his claim of juvenility, and upon confirmation of his juvenility at the time of the offense, the court ordered his release—The petitioner was convicted in a case dated 21.12.2005 and sentenced to life imprisonment—After pursuing school records and conducting an inquiry, it was established that the petitioner's date of birth was 02.05.1989, making him a juvenile at the time of the offense. As a result, the petitioner was ordered to be released immediately, having already served more than 12 years in prison. ...
Protection Of Children from Sexual Offences Act, 2012—Section 4—Prohibition of Child Marriage Act, 2006 — Section 10, Section 11—Indian Penal Code, 1860—Section 363, Section 366A, Section 367, Section 376—Code Of Criminal Procedure, 1973—Section 164, Section 313—Charged with kidnapping and sexual offenses under various sections—Prosecution alleged that the appellant induced a 16-year-old girl to elope with him—However, the court found several inconsistencies and contradictions in the evidence provided by the victim and her family members—Medical examination did not reveal any recent sexual assault, and the victim's statements changed over time—Consequently, the court concluded that the prosecution had failed to prove the accused&...
Indian Penal Code, Section 324—Appellant was convicted and sentenced—Allegedly pouring hot oil over the victim—Court found that the evidence—Primarily based on the victim's testimony—Lacked clarity and specificity regarding the time, place, and manner of the incident—Court noted that the victim's evidence did not inspire confidence and was insufficient and incoherent. Consequently—Court allowed the appeal, set aside the conviction—Acquitted the appellant. ...
Penal Code, 1860 (IPC)—Sections 302, 436 and 326A—Murder of son and two brothers—Dying declaration—Death penalty—Acquittal—Accused was charged with setting fire to his son and two brothers while they slept due to personal animosity, the court examined a dying declaration—Court stressed the need for a dying declaration to be entirely reliable and inspire confidence—If there is any doubt about its truthfulness or if the evidence suggests it may not be true, it cannot solely justify a conviction—Prosecution successfully proved that the accused was responsible for the fire, but surrounding circumstances cast doubt on the declaration's accuracy—Therefore, the appellant was acquitted, and the appeal allowed, resulting in their release. ...
Penal Code, 1860 (IPC)—Sections 302 and 201—Murder—Acquittal—Extra-judicial confession is always a weak piece of evidence—There is serious doubt about the genuineness of the prosecution case regarding the recovery of a dead body at the instance of the appellant and the recovery of the alleged instrument of the offence at the instance of the appellant—Most importantly, for the reasons we have recorded earlier, it is not possible to accept the case of the prosecution which is entirely based on the extra-judicial confession made by the appellant.Witnesses examined to prove the last seen together theory were declared hostile—Thus, there was no legal evidence on record to convict the appellant. In any case, the guilt of the appellant has not been proved beyond a reasonable doubt—DNA test for iden...
Acquittal—Code of Criminal Procedure, 1973—Section 374 (2) —Indian Penal Code, 1860—Sections 411 and 120-B—Stolen of jewellery and conspiracy—FIR—Conviction—Affirmed by High Court—Appeal against—Determination of—Position of—Conviction of 'K' under Section 120-B, IPC stands completely vitiated because of simple reason that one cannot alone conspire—There is no evidence to even remotely suggest that there existed any agreement between 'K' and co-accused while none of others except 'K' has been convicted for criminal conspiracy—Entire prosecution case, especially flawed investigation in the matter at hand—Conviction of 'M' and 'K' can still sustain, appear forfetched; their convictions cannot be justified solely o...
Acquittal—Indian Penal Code, 1860—Section 302 read with Section 34—Murder—Conviction and sentence—Affirmed by High Court—Challenge—Appeal against—Legality—Determination of—Case based on circumstantial evidence—Supreme Court has held that circumstances from which conclusion of guilt is to be drawn should be fully established—It has been held that circumstances concerned 'must or should' and not 'may be' established—Supreme Court find that prosecution has utterly failed to prove case as they need to prove incriminating circumstances beyond reasonable doubt—Evidence with regard to last seen theory is totally unreliable—Evidence regarding CDRs also is one which does not inspire any confidence—Impugned judgment and order quashed and ...
Acquittal—Code of Criminal Procedure, 1973—Section 397/401—Indian Penal Code, 1860—Sections 498-A, 406 and 34—Cruelty—Criminal breach of trust—Demand of additional dowry—FIR registered—Metropolitan Magistrate acquitted all accused persons/respondents in present FIR—Appeal—Preferred by petitioner—Dismissed—ASJ affirming the decision of MM—Hence present revision—Determination of—Complainant was unable to recall specific date of purchase of jewellery articles that constituted her stridhan—No receipts from jeweller or any evidence from said jeweller were presented for examination—Prosecution had failed to prove its case under Section 406 of IPC beyond reasonable doubts—No grounds for setting the impugned judgments—Petition d...
Acquittal—Indian Penal Code, 1860—Sections 302, 303, 504 read with Section 34—Offences under—Complaint—Investigation—Charge-sheet was laid against accused persons—For offence punishable under Section 302 read with Section 34, IPC—Session Judge convicted A-1 to A-4 and A-6 for offence punishable under Section 323 read with Section 34, IPC and acquitted them under Section 302 read with Section 34, IPC—Criminal Appeal—Dismissed by High Court—Hence this appeal—Prosecution has failed to drive home guilt of accused beyond reasonable doubt—In absence of any incriminating material or other corroborative evidence pointing participation of appellants-accused in the incident, conviction of appellants under Section 323 read with Section 34 of IPC cannot be sustained—S...
Acquittal—Indian Penal Code, 1860—Sections 302, 303, 504 read with Section 34—Offences under—Complaint—Investigation—Charge-sheet was laid against accused persons—For offence punishable under Section 302 read with Section 34, IPC—Session Judge convicted A-1 to A-4 and A-6 for offence punishable under Section 323 read with Section 34, IPC and acquitted them under Section 302 read with Section 34, IPC—Criminal Appeal—Dismissed by High Court—Hence this appeal—Prosecution has failed to drive home guilt of accused beyond reasonable doubt—In absence of any incriminating material or other corroborative evidence pointing participation of appellants-accused in the incident, conviction of appellants under Section 323 read with Section 34 of IPC cannot be sustained—S...
Acquittal—Indian Penal Code, 1860—Section 366—Protection of Children from Sexual Offences Act, 2012—Section 6—Prohibition of Child Marriage Act, 2006—Section 10—Kidnapping of ‘M’—Complaint—Registered as a missing person report—Key witnesses relied upon by prosecution were PW3, PW4, PW5 who turned hostile—Doctor examined ‘M’—IO concluded investigation—Trial Court held appellant and other guilty—Appellant was sentenced under Section 6 of POCSO Act to undergo RI for life—High Court modified conviction—Appeal against—Determination of—There was no penetrative sexual assault on her—Provisions of POCSO Act will not be applicable in this case—Charges against him, under Section 6 of POCSO Act as well...
Acquittal—Code of Criminal Procedure, 1973—Section 378—Indian Penal Code, 1860—Section 302 read with Section 34—Offence under Involvement of three policemen—FIR lodge—Investigation—CBI submitted charge-sheet against accused persons—Trial Court noticed that, according to prosecution version, several persons has arrived at spot and accused were also present there, yet they were not identified—Trial Court concluded that prosecution had failed to prove that those three policemen in uniform, who attacked deceased were persons facing trial—Acquittal order passed—State filed time barred appeal along with delay condonation application and application and application seeking leave to appeal—High Court allowed delay condonation application—But rejected the applicati...
(A) Acquittal—Narcotic Drug and Psychotropic Substances Act, 1985—Section 8 (b) read with Section 15 (c)—Narcotic Substance—In nature of poppy straw—FIR registered—Contraband seized—FSL Report submitted—Charges framed—Public witness PW2, PW3, PW4 and PW6 turned hostile—PW2 and PW6 were panch witnesses—Both Courts placed reliance upon FSL Report along with police witnesses in rendering conviction—Legality and validity of—There is a serious doubt with respect to seizure—PW5 who was a police officer himself had deposed on existence of very same seized materials even before occurrence—This testimony which destroys the very basis of prosecution case has not even been challenged—On proper analysis no hesitation in holding that impugned judgment,...
Acquittal—Indian Penal Code, 1860—Sections 376, 452 and 506—Rape—Conviction—Confirmed by High Court—Appeal against—Determination of—Prosecutrix PW6 did not allege offence punishable under Section 376, IPC—Delay of 28 days in giving complaint—No attempt to recover knife from appellant PW4, who is incidentally brother of PW6, has not been examined being sole eye-witness—Conviction and sentence rendered by Additional Sessions Judge and confirmed by High Court set aside—Appellant is acquitted of all charges—Appeal allowed. (Paras 8 and 13) ...
Acquittal—Indian Penal Code, 1860—Section 302—Murder—Conviction and sentence—Set aside by High Court—High Court acquitted the respondent—Appeal against acquittal filed by State—Legality—Determination of—High Court found firstly incriminating circumstances were not proved beyond reasonable doubt—Secondly, they did not constitute a chain so complete as to conclusively indicate that it was accused and no one else who, in all human probability committed in crime—There was no occasion to place burden on accused with aid of Section 106 of Evidence Act to prove his innocence or to disclose that he parted company of deceased before his murder—View taken by High Court is a plausible view—It was not pointed out any material evidence was ignored or misread—Supr...
Acquittal—Indian penal Code, 1860—Section 302—read with Section 34—Arms Act, 1959—Section 4/25—Murder—Conviction and sentence—Affirmed by High Court—Two appeals against—Determination of—Supreme Court was of considered view that case in hand is a quintessential case—Where to solve out a blind murder—Occurring in a forest in darkness of night, bits and pieces of evidence were collected—Which warranted a strict scrutiny before basing a conviction thereupon—Courts below have failed to properly evaluate and test the evidence by applying correct legal principles—Impugned judgment and orders of High Court and trial Court are set aside—Appellants are acquitted—Appeals allowed. (Para 33) ...
Acquittal—Indian Penal Code, 1860—Sections 498-A, 201, 302 and 506—Murder of child—Cruelty—Conviction—Appeal against—Determination of—There is no eye-witness to incident occurred—According to PW1, she lodge FIR as she was being tortured by accused-appellant since after marriage—But she did not lodge any complaint over the matter of killing of their child—Dead body of child not recovered during investigation—Case resting on circumstantial evidence—High Court finds that prosecution has not been able to prove place of occurrence, manner of occurrence and participation of accused-appellant in crime—Prosecution has failed to prove charge under Section 302/201 against appellant beyond all reasonable doubt—Accused/appellants acquittal on benefit of doubt&md...
Penal Code, 1860 — Section. 302 and 201 — Acquittal under — Prosecution rested its case on the circumstances, inter-alia, (a) the accused bore a grudge against his wife for keeping jewellery with her sister (PW8); (b) on the fateful day, during day time, accused on that count, quarrelled with PW8 and threatened to kill the deceased and set the house on fire; (c) in the evening of that fateful day, the accused quarrelled with the deceased and took her with him on a bicycle, while extending threats that he would kill her; (d) later, that evening, the deceased was found in a seriously injured condition; (e) the deceased died on account of those injuries; and (f) blood-stained clothes etc. were recovered at the instance of the accused thereby making the chain complete — Trial Court convicted the accused and death penal...
Acquittal—Negotiable Instruments Act, 1881—Sections 138, 118 and 113—Code of Criminal Procedure, 1973—Sections 200 and 313—Appeal against acquittal—Legality—Determination of—Case of complainant is that accused persons borrowed a sum of Rs. 4,20,893/- with promise to repay said amount within two months—Issued a cheque—Dishonoured—Whereas case of accused person is that they took a loan of said amount and one cheque was issued in favour of complainant as a security on same date—They have paid full loan amount—No whisper in complaint as to how and why such huge amount was given to accused—Without securing only document or any security—No any agreement is available on record—High Court finds that appellant has miserably failed to show any exceptiona...
Penal Code, 1860 (IPC)—302, 120B and 201(1)—Arms Act, 1959—Section 25(1)(1—b)(a)—Criminal Procedure Code, 1973 (CrPC)—Appealed against his conviction for various charges, including murder and criminal conspiracy, related to a businessman's death—High Court had acquitted all other co—Accused but upheld Pankaj Singh's conviction—Supreme Court, after a detailed analysis of the evidence, found serious shortcomings in the investigation and insufficient evidence to establish Pankaj Singh's guilt beyond reasonable doubt—As a result, the Supreme Court allowed his appeal and set him at liberty, quashing his convictions ...
Criminal Procedure Code, 1973 (CrPC)—Section 235(2)—Judgment of acquittal or conviction—Case, eleven accused individuals were acquitted by the trial court for various offenses—However, the High Court convicted two of them, accused Nos—1 and 3, based on the evidence of one witness—The Supreme Court held that the High Court erred in overturning the acquittal without sufficient reason and without giving the accused an opportunity to be heard on sentencing—The convictions of accused Nos. 1 and 3 were set aside, and the appeals were allowed. ...
Acquittal—Indian Penal Code, 1860—Sections 148 302 read with Section 149—Murder—29 accused charged sheeted—Accused No. 1, 2, 5, 7, 9, 15, 17 and 20 were convicted by Sessions Court and remaining 21 were acquitted—High Court upheld the conviction of appellants—Appeal against conviction—Determination of—PW4, who claims to be an eye witness, could not identify a single accused by namely in Court—Version of PW3, when it comes to identify of accused, does not inspire confidence—Identify of named accused as assailants of deceased has not been established in Court beyond reasonable doubt—Conviction of appellants quashed and set aside—Appellants are acquitted—Appeal allowed. (Paras 7 to 10) ...
Acquittal—Indian Penal Code, 1860—Sections 302/34 and 325/149—Murder—Appeal against conviction—Legality—Determination of—In the instant case, version of PW1 and PW2 does not inspire confidence—That is how failure of prosecution to examine three independent eye-witnesses whose statements were recorded, becomes relevant—Moreover, one of three witnesses attend the Court but was not examined—Prosecution has failed to prove guilt of appellant beyond reasonable doubt—Conviction set aside—Appellant is acquitted—Appeal allowed. (Paras 9 and 10) ...
(A) Sentence—Indian Penal Code, 1860—Sections 366, 376, 302—Sentence—Controversy—Sessions Judge sentenced the appellant to undergo RI for rest of his life—Appeal before High Court—Conviction and sentence—Challenged by appellant-State preferred an appeal—For enhancement of sentence—Both appeals dismissed by High Court—Notice issued by Supreme Court only on sentence—Determination of—High Court expressed view that punishment imposed by Trial Court was justified—After considering balance-sheet of aggravating and mitigating circumstances—Court must consider rights of victim as well—Supreme Court modify the order of sentence of trial Court for offence punishable under Section 302 of IPC—Direct that appellant shall undergo imprisonment for life ...
Acquittal—Negotiable Instruments Act, 1881—Sections 138, 139 and 118—Code of Criminal Procedure, 1973—Three cases—Appellants filed private complaint against respondent—Contending that respondent had borrowed a sum of Rs. 6 lakhs from him in cash—Issued cheque—Dishonour Legal notice—Respondent given detail reply—He had not borrowed any amount from respondent cheques stolen by appellant-complainant—Two separate cases registered—Trial Court convicted and sentenced the accused—Conviction and sentence upheld by Appellate Court—Accused preferred criminal revision—Determination of—Courts below only on ground that accused had not disputed signature found on cheque—On the basis of presumption under Sections 139 and 118 of the Act have convicted th...
Acquittal—Negotiable Instruments Act, 1881—Sections 138, 139, 118 and 142 (1) (b)—Dishonour of cheque—Legal notice—Complaint—Magistrate issued summons on accused—Plea of accused was recorded—Accused denied the case of respondent—Trial Court has upon examination of record noted that mandatory requirement under Section 118 and 139 of N.I. Act, has been fulfilled—Magistrate has found version of complainant of having advanced huge amount of Rs. 10 lakhs suspicious—In absence of promissory note or any agreement reduced in writing—No evidence has been placed on record that such amount was given to accused—Acquitted the accused—Complainant challenging the order—Determination of—Accused counsel in cross-examination has raised probable defence by questi...
Acquittal—Prevention of Corruption Act, 1988—Sections 7 and 13 (1) (d) (i) and (ii)—Illegal gratification—For supply of death certificate—FIR registered—Appellant was arrested red-handed—While accepting illegal gratification—Trial Court convicted—Conviction upheld by High Court—Appellant challenged his conviction—Determination of—If evidence produced on record by prosecution is examined in light of law laid down by Constitution Bench in Neeraj Dutta v. State (Govt. of NCT of Delhi), (2022) SCC OnLine SC 1724, the conviction and sentence of cannot be legally sustained—Impugned order passed by High Court and that of trial Court are set aside—Appellant is acquitted—Appeal allowed. (Paras 2, 3, 12 and 13) ...
Acquittal—Negotiable Instruments Act, 1881—Sections 138, 139 and 141—Code of Criminal Procedure, 1973—Sections 378 (4) and 255 (1)—Dishonour of cheque—Complaint—Respondent refusing to make payment for cheque—Trial Court on analysis of evidence on record—Came to conclusion that complainant had not been able to establish existence of any debt or liability against respondent/accused—Acquitted the accused—Hence this appeal—Trial Court on appreciation of evidence had also come to a conclusion that notice under Section 138 (b) of N.I. Act had not been served upon accused—Which by itself is a incurable defect—It only adds to failure of prosecution to establish guilt of accused by means of all reasonable doubt—Acquittal of respondent/accused being not contra...
Acquittal—Indian Penal Code, 1860—Section 302 read with Section 34—Arms Act, 1959—Sections 25 (1) (A) and 27 (2) —Murder—Conviction—Affirmed by High Court—Appeal against—Determination of—Gun shot injury—Post-mortem report—60 metal pellets were recovered from muscular tissues of neck of deceased—Cause of death hemorrhage—Prosecution case rests on testimony of material witness i.e. PW3 sold eye-witnesses—Who was deceased's friend and PW1 who is father of deceased—In absence of any other evidence linking to murder of deceased, testimony of PW3 discarded—There is no other direct or circumstantial evidence, ocular or otherwise, linking the accused be it on point of motive or incident—Settled principles of convicting accused on circum...
Penal Code, 1860 (IPC)—Section 302—Murder—Acquittal—Appellant, Udayakumar (A-2), was convicted of murder under Section 302 of the Indian Penal Code but acquitted of an offense under Section 120-B—Two co-accused were also acquitted—The case primarily relied on the identification of A-2 by a witness—However, the identification process was flawed, and there was insufficient evidence to link A-2 to the crime—The court found that the prosecution failed to prove A-2's guilt beyond a reasonable doubt and quashed his conviction and sentence—The appeal was allowed, and A-2's bail bond was discharged. ...
Acquittal—Indian Penal Code, 1860—Section 302—Murder—FIR registered—Investigation—Charge-sheet filed against 12 accused persons—Trial Court convicted all accused persons—Appeal—Dismissed by Division Bench of High Court—Challenging same—Four appeals before Supreme Court—Determination of—Conviction of accused purely on basis of oral testimony of interested witnesses—Without sufficient corroboration would not be sustainable—Prosecution has examined PW-3, PW-5, PW-6 and PW-8—None of whom have supported prosecution case—PW2 came to his place to inform about incident—She had not informed as to which of accused had assaulted the deceased and injured persons—Appellants would be entitled to benefit of doubt—Impugned judgment and ...
(A) Acquittal—Indian Penal Code, 1860—Section 302—Murder—Acquittal—Appeal against acquittal—Preferred by State before High Court—Allowed—High Court convicted the appellant—Order challenge by appellant—Determination of—Trial Court disbelieved the recovery of clothes and weapon on two grounds—Firstly, that there was no memorandum statement of accused as required under Section 27 of Evidence Act—Secondly, recovery of knife as from an open place accessible to one and all—Supreme Court find approach adopted by trial Court was in accordance with law—High Court has grossly erred in interfering with well reasoned judgment and order of acquittal passed by trial Court—Order passed by High Court quashed and set aside—Judgment and Order passed by tri...
Acquittal—Indian Penal Code, 1860—Sections 302/34 and 201—Murder—Conviction and sentence—Confirmed by High Court—Appeal against—Determination of—Circumstantial evidence—Case based on—No one seen commission of crime—Chain of circumstances starts with motive—Then move on to last seen theory, recovery, medical evidence, expert opinions if any and any other additional link which may be part of chain of circumstances—Absence of motive—Extra-judicial confessions—Weak peace of evidence—Supreme Court find that major link of chain of circumstances have not proved by prosecution evidence—It would be unjust to uphold the conviction of appellant—Appellant would be entitled to benefit of doubt—He is acquitted of all charges—Appeal al...
Penal Code, 1860 (IPC)—Section 397 and 34—Robbery—Acquittal—Criminal Appeal Nos. 276 and 277 of 2022, the appellants Jagdish and Prakash were convicted under Section 302 read with Section 34 of the Indian Penal Code (IPC) for their involvement in a crime—However, they were acquitted of the charge under Section 397 of the IPC and instead convicted under Section 392 of the IPC—The convictions of Jagdish and Prakash under Section 302 were upheld, but their convictions under Section 397 were set aside—In Criminal Appeal No. 278 of 2022, the appellant Bablu @ Balveer @ Roop Singh was acquitted due to insufficient evidence and the benefit of doubt. ...
Acquittal—Negotiable Instruments Act, 1881—Sections 138 and 139—Criminal appeal—Acquittal order passed by Court of Metropolitan Magistrate challenged by appellant—Determination of—Drawer of cheque cannot be held liable to pay cheque amount when there is mismatch between articles or goods—For which cheque was issued and goods or articles actually supplied—Accused person in this case has been able to prove that cheque amount being a sum of Rs. 4,81,309/- was not legally enforceable debt when cheque was presented and payment was stopped under instruction of drawer—Accused person cannot be said to have committed an offence within meaning of Section 138 of N.I. Act—Impugned judgment does not warrant any interference—Appeal dismissed. (Paras 8 and 9) ...
(A) Acquittal—Negotiable Instruments Act, 1881—Sections 138 and 142—Acquittal—Leave to appeal—Grant of—Application for—Filed by applicant—Legality of—Cheque in question—Issued as a security—When she was working with complainant's husband—She had purchased a motorcycle from husband of complainant—She had availed a loan of Rs. 5,000/- from complainant and her husband—She repaid the loan—But complainant did not return cheque—Complainant was a retired Anganwadi worker—She could not possibly have financial capacity to loan such a huge amount of Rs. 5,00,000/- to respondent No. 2 accused—No source of income has been shown to be available to complainant—Tempering in cheque by complainant established—View taken by trial Cour...
Penal Code, 1860 (IPC), Sections 148, 302, 149 and 324, 149—Criminal Procedure Code, 1973 (CrPC), Section 161—Water dispute—Murder of two persons—Acquittal—Condonation of delay and an application for restoration were allowed—The prosecution's conflicting witness statements and issues with the Investigating Officer's conduct cast doubt on the case's credibility—Courts relied heavily on prosecution witnesses, leading to convictions. However, discrepancies in statements and suppressed evidence create reasonable doubt—Appeal allowed. ...
Acquittal—Indian Penal Code, 1860—Sections 84 and 302—Offence under—Conviction and sentence—Confirmed by High Court—Legality—Determination of—Assault on deceased—Without any provocation and premeditation—No motive—Treatment given to him at GMC Hospital—He was suffering from anxiety neurosis with reactive depression—Acid peptic disease and mild hypertension—Symptoms of—He was unable to understand act committed—Statements of doctors were recorded after 16 years of occurrence—Doctor is not examined before Court—Supreme Court was unable to give its imprimatur to rendered against appellant—He is certainly entitled to benefit conferred under Section 84 of IPC—Conviction and sentence set aside—Appellant is acquitted of al...
(A) Acquittal—Indian Penal Code, 1860—Sections 395, 365, 364, 201, 380, 302 read with Section 34—Evidence Act, 1872—Section 27— Murder—Conviction and sentence—Affirmed by High Court—Appeal against—Determination of—Examination of present case—Trial Court relied on following circumstances—Last seen together with deceased— Recovery of stolen material including jewellery from accused No. 3—Recovery of spade from accused No. 1—Recovery of dead body at instance of accused No. 3—Trial Court had convicted accused Nos. 1 to 3—In appeal, High Court found that prosecution had failed to prove case against accused No. 2 and accordingly acquitted him—Validity of—In the instant case, there is no confessional statement of accused No. 3 record...
Acquittal—Negotiable Instruments Act, 1881—Sections 138 and 139—Dishonour of cheque—Complaint—Rejected by Magistrate, acquitted the accused—Appeal against acquittal—Fact that complainant received Rs. 10,00,000/- by way of cheque—Even prior to presentation of present cheque for encashment is very much to knowledge of complaint himself—Subsequently claiming during cross-examination that such amount mentioned in cheque was towards another transaction, is only after thought—Complainant ought to have anticipated such defence at time of filing of complainant—Question put to complainant during cross-examination and his admission on receipt of Rs. 10,00,000/- by way of cheque out of Rs. 15,00,000/- clearly goes to show that complainant had no other explanation to give and thus, che...
Acquittal—Indian Penal Code, 1860—Section 302, 149, 148, 325 read with Section 149—Murder—Conviction and sentence—Confirmed by High Court—Appeals against—Determination of—Both PW1 and PW8 tried to implicate all nine accused by making omnibus statements—In his statement recorded by Executive Magistrate, PW1 did not disclose names of five accused including accused No. 3 and accused No. 9—Who are appellants in these appeals—There is serious discrepancy about weapons of assualt in depositions of PW1 and PW8 through role assigned by them to all accused was same—High Court acquitted them—Neither State Government nor victim of offence challenged their acquittal—Serious doubt created about truthfulness of version of PW1 and PW8—Taking overall view of case co...
Indian Penal Code, 1860—Section 498-A—Appellant was involved in criminal case—Acquittal—His candidature was rejected—Appellant filed petition—Allowed by Single Judge—Single Judge set aside the order Cancelling candidature of appellant as Police Constable—State preferred appeal before High Court—Division Bench allowed the appeal and set aside the order passed by Single Judge—Petitioner preferred present appeal before Supreme Court—Determination of—Offence for which he was tried ultimately resulted into acquittal has arisen out of matrimonial dispute—Which ultimately ended in settlement out of Court—Division Bench has materially erred in denying appointment to appellant on post of Constable—Judgment and order passed by Division Bench of High Court quas...
Service Law—Acquittal in criminal case u/s 498-a, I.P.C. —The criminal case against appellant was not for the serious offence but was for the matrimonial dispute—There was a matrimonial dispute which ended in settlement and the original complainant did not support the case of the prosecution—Candidate could not have been denied the appointment solely on the ground that he was tried for the offence under Section 498A of IPC, if he was acquitted—High Court has materially erred in denying the appointment to the appellant on the post of Constable—Appeal allowed. (Para 6 to 9) ...
Acquittal—Indian Penal Code, 1860—Sections 302 and 201—Murder—Conviction and sentence—Appeal against—Determination of—Non-examination of Investigation—Post-mortem report does not reveals that there was any kind of injury on neck of deceased except ligature mark—Appellant has taken a stand that his wife was having a relationship with a person, named, 'N'—Additional Session Judge came to conclusion that such a inculpatory statement shows that appellant has committed murder of deceased—In a very illegal and erroneous manner, Additional Session Judge has shifted burden upon appellant and has come to conclusion that prosecution has proved its case beyond reasonable doubt—Conviction and sentence set aside—Appellant is acquitted—Appeal allowed. (Paras 6 t...
Penal Code, 1860 (IPC)—Sections 365/34, 367/34, 376(2)(g), 302/34 and 201/34—Rape and Murder—Death Penalty— Acquittal—Lapses in investigation and trial—Notably, there were shortcomings in the investigation, including the absence of a Test Identification Parade, a lack of witness identifications of the accused during their depositions, and a failure to provide clear and convincing evidence regarding the arrest of the appellants-accused, their identification, discoveries, recoveries of incriminating items, the identity of the Indica Car, seizure and sealing of articles, collection of samples, medical and scientific evidence, DNA profiling reports, and Call Detail Records (CDRs)—The prosecution failed to establish the charges against the accused beyond a reasonable doubt, as required by law. Conseque...
Acquittal—Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Sections 255 (1), 255 (2), 2 (wa), 372 and 378 (4)—Complaint petition—Against petitioner before CJM—Case transferred to Court of Judicial Magistrate—After conclusion to Court of Judicial Magistrate—After conclusion of trial CJM found petitioner to be not guilty of offence punishable under Section 138 of N.I. Act—Acquitted the petitioner under Section 255 (1) of CrPC—Appeal against order of acquittal—ASJ set aside the order of acquittal—Found petitioner to be guilty of offence under Section 138 of N.I. Act and convict the petitioner under Section 255 (2) CrPC—Hence this appeal—Determination of—A complainant in a case arising out of private complaint, who has ...
Penal Code, 1860 (IPC)—Section 302—Evidence Act, 1872—Sections 8 and 2—Murder of wife and four children—Death sentence—Acquittal—Circumstantial evidence—This decision was based on several crucial factors surrounding the case—Absence of Motive: In cases reliant on circumstantial evidence, the presence or absence of a motive on the part of the accused becomes a significant factor. While establishing motive is important, its absence, by itself, is not fatal to the prosecution's case. In cases relying on circumstantial evidence, the prosecution must establish a chain of incriminating circumstances that collectively point to the accused's guilt. In such cases, the lack of motive does not necessarily benefit the accused—Weapon Discovery: The mere discovery of a weapon cannot be...
Penal Code, 1860 (IPC)—Sections 302 and 34—Murder—Acquittal—Relying on circumstantial evidence—In cases involving circumstantial evidence, it is imperative that these circumstances, when viewed collectively, create an unbreakable chain of conclusions such that, within all reasonable probabilities, the crime was committed solely by the accused and no one else. The circumstantial evidence must be so comprehensive that it leaves no room for any explanation other than the guilt of the accused. Additionally, this evidence must not only support the guilt of the accused but also contradict any possibility of their innocence—In the present case, there is an absence of direct evidence implicating the appellants in the murder of the deceased. No direct evidence has been presented that establishes the involvement ...
(A) Negotiable Instruments Act, 1881—Sections 138 and 141—Code of Criminal Procedure, 1973—Sections 251, 256 and 305—Dishonour of cheque—Appeal against acquittal—Passed by Metropolitan Magistrate—Legality of—High Courts finds that in order under appeal, Magistrate had applied his judicial discretion and recorded his findings justifying dismissal of case and acquittal the accused therein—Magistrate has given specific reasons in support of requirement that it is not proper to adjourn hearing of case on so many occasions—In the present case Magistrate on three occasions thought it proper to adjourn hearing of case to another day—High Court is of the view that it seems that appellant/complainant has lost interest in appeal as also before trial Court and as such High Court finds...
Acquittal—Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Sections 378 (4), 394(1), 394, 302 and 4—Constitution of India, 19500—Article 14—Cheque Bounce case—Acquittal order—Criminal appeal against order—Petitioner submits that provisions of Section 394 of CrPC which provide for abetment of criminal appeals on death of accused, do not apply to Cheque Bounce case which are governed by N.I. Act—If said provisions are held to be applicable, same are liable to be voided—On ground of being, discriminatory and arbitrary—Legality of—Supreme Court of Queens Land in R v. Chardo, (2022) QCA 277 observed—Provisions of law such as Section 394 of CrPC providing for abetment of proceedings are Universal and time tested—Policy of...
Penal Code, 1860 (IPC) - Section 302—Murder—Life imprisonment—Appeal against reversing the order of acquittal—Several key charges such as unlawful assembly, common object, trespass, and rioting were not proven against any of the 22 accused, including A-1 and A-2. The conviction of only two out of the 22 accused, specifically for the offense under Section 302 IPC, can be upheld. Notably, the State did not appeal the acquittal of the remaining accused—While the High Court rightly held that the evidence of PW-1 and PW-4 should not be dismissed based on the principle of "falsus in uno, falsus in omnibus," it also observed glaring contradictions in their testimonies regarding the type of weapons used and A-2's role. Furthermore, the Trial Court questioned the absence of evidence regarding injuries su...
Fire on complainant—Indian Penal Code, 1860—Section 307/34—Arms Act, 1959—Sections 25(1-B) and 27(1)—Offence under—Conviction and sentence—Confirmed by High Court—Appeal against—Determination of—Prosecution strongly relies upon statement of complainant and his mother—A perusal of statement of complainant reveals that accused-appellant had come in front of complainant house—Upon asking as to why were here—Accused allegedly took out his Country made pistol and fired as shot at complainant—Mother of complainant and his three neighbors came to scene the occurrence—Only evidence available to prove presence of accused—When there is absence of independent evidence corroborating statements made by complainant, serious doubt regarding recovery of ...
Acquittal—Criminal Procedure Code, 1973 (CrPC)—Section 227—Penal Code, 1860 (IPC)—Sections 302, 120B, 201 and 118— Murder—Discharge—There is absolutely no evidence that links the appellant to the commission of the crime—Notably, even in the complaint, the appellant is not identified as the perpetrator of the offense; instead, suspicions of foul play are mentioned - Consequently, the appellant is cleared of all charges brought against him. ...
Penal Code, 1860 (IPC) - Sectiom 302 - In this case, the appellant challenged the acquittal of the respondent-accused who was initially convicted for murdering his wife and destroying evidence. The High Court acquitted the accused based on limited evidence, including a weak extra-judicial confession. The Supreme Court upheld the High Court's decision, stating that interference in acquittal cases is limited unless the verdict is impossible or perverse. The appeal was dismissed. ...
Criminal Procedure Code, 1973 (CrPC) — Section 161, Section 164— Penal Code, 1860 (IPC)—Section 302, Section 34—During the night of 2nd/3rd November 2015, the deceased was brutally attacked by four individuals, leading to his death—The assault was allegedly motivated by a past incident. The primary witness, the deceased's wife, provided consistent statements—Both trial and appellate courts found her testimony reliable—The trial court convicted two of the accused while acquitting the other two appellants. However, the appellate court overturned the acquittals, finding common intention among all the accused due to their presence at the scene, armed with weapons—The Supreme Court upheld the appellate court's decision, emphasizing that common intention under Section 34 of the IPC do...
Acquittal—Indian Penal Code, 1860—Sections 409, 419, 420, 465, 468, 467, 471, 474, 477—A and 102—B—Prevention of Corruption Act, 1988—Sections 13(i)(d) and 7—Complaint Made by ‘M’, a driver of Punjab Roadways to higher officer of Department—Alleging that General Manager in connivance with conductor and others has been setting and using tickets got printed on his own and sold through his own persons—Who used to collect money from him, as such, has caused loss of time of crores of rupees to depot—Enquiry—Committee suspending the General Manager, Traffic Manager, Assistant Mechanical Engineer, concerned Inspectors and conductors—Trial Court acquitted two Manager, namely ‘I’ and ‘R’—Rest of eleven accused were convicte...
Indian Penal Code, 1860 (IPC)—Sections 304-II, 341, 323, 324, and 427, read with Section 34—the court determined that culpable homicide not amounting to murder had occurred. The incident lacked premeditation for murder. The accused, initially unarmed, halted the deceased's vehicle and engaged in a verbal dispute. Subsequently, three of them used sticks and a brick from the roadside to assault the deceased with a single blow. The allegation of an intention to kill was not substantiated. The High Court acquitted the accused of forming an unlawful assembly with a common purpose, relying instead on Section 34 IPC. The appellants were thus acquitted under Section 302 IPC but convicted under Section 304 Part-II IPC. The convictions for charges under Sections 341, 323, 324, and 427 read with Section 34 IPC were upheld. ...
(A) Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 255(1) and 378(4)—Cheque dishonour—Acquittal—On the basis of demand notice was not served upon the accused—From the postal track report it is ascertained that the notice sent in the name of respondent/company was duly served upon the respondent—In such view of the matter the learned Magistrate ought not to have held that no notice was served upon the respondent No.1/company—The order of acquittal is liable to be set aside—The instant appeal is allowed. (Para 20 and 30) (B) Negotiable Instruments Act, 1881—Section 138—General Clause Act, 1897—Section 27—Cheque dishonour—Demand notice—Service of—According to the principle of Section 27, the notice...
Acquittal—Indian Penal Code, 1860—Section 302—Evidence Act,1872—Section 32—Murder of wife—By pouring kerosene on her and setting her on fire—Trial Court convicted and sentenced the appellant—Appeal—Two dying declarations was upheld by High Court—Giving credence to the testimony of PW2 and PW12 coupled with Chemical Analyser Report—Relating to clothes of deceased and appellant that detected kerosene on them—Judgment of trial Court was upheld and appeal dismissed—Appeal before Supreme Court—Appellant challenged the order—Determination of—Nowhere in their testimonies is there any reference made by prosecution version that appellant was having illicit relation with a widow residing in neighbour hood—Which was main cause of acrimony between co...
Indian Penal Code of 1860, specifically Sections 307 read with 149 pertaining to an attempt to murder, all the accused individuals and the injured party reside in the same locality. In an effort to restore harmony and foster amicable relations, the current petitions have been submitted. Notably, the appellants have already served a sentence exceeding 18 months. Given the circumstances, especially considering a matrimonial connection between the injured party and the accused, this Court finds it appropriate to utilize its authority under Article 142 of the Indian Constitution. Consequently, the High Court's imposed sentence is further adjusted to account for the time already spent in custody, and any accused individuals currently incarcerated shall be immediately released, unless required for other legal matters. ...
Penal Code, 1860 (IPC) - Section 302 and 34 - Murder - Acquittal - Only circumstance of last seen will not complete the chain of circumstances to record the finding that it is consistent only with the hypothesis of the guilt of the accused, and therefore no conviction on that basis alone can be founded - Appellant acquitted -In Jaswant Gir Vs. State of Punjab, (2005) 12 SCC 438, this court held that in absence of any other links in the chain of circumstantial evidence, the accused cannot be convicted solely on the basis of 'Last seen together', even if version of the prosecution witness in this regard is believed - In Arjun Marik & Ors. Vs. State of Bihar, 1994 Supp (2) SCC 372, It was observed that the only circumstance of last seen will not complete the chain of circumstances to record the finding that it is consistent only ...
Negotiable Instruments Act, 1881—Sections 138, 142—Acquittal—Procedural Defect—Curable Irregularity—Appeals were filed challenging acquittal in cases involving dishonored cheques issued for loan repayment—The trial court acquitted the respondents on the ground that complaints were filed by a GPA holder based on a PA dated 2006, though the complaints were filed in 2003—The appellants argued that this was a curable procedural defect and sought to admit the 2003 PA under Section 391 CrPC, emphasizing substantive justice over technicalities—The respondents contended that the GPA holder lacked authority in 2003, rendering the complaints invalid—Key issue: Whether the procedural defect regarding the PA was fatal or curable under Section 465 CrPC—The case addresses the balance between p...
Penal Code, 1860 (IPC) - Section 302/34 - Appeal against acquittal - Murder - Common intention - Motive established ...
Criminal Procedure Code, 1973—Section 386—Appeal—Acquittal—The trial court acquitted the accused under Sections 504, 324, 307 read with 34 IPC, citing inconsistencies in the prosecution's evidence and contradictions in the testimonies of key witnesses, especially PW.1 to PW.4—The prosecution failed to establish a clear chain of evidence linking the recovered weapons to the crime, and the injuries sustained by PW.1 were classified as simple, not grievous, weakening the charge under Section 307 IPC—On appeal by the State, the court reaffirmed that in cases of acquittal, unless findings are perverse or unreasonable, appellate interference is unwarranted—The trial court's judgment, based on reasonable doubt and thorough analysis, was upheld, and the appeal was dismissed. ...
Criminal Procedure Code, 1973—Section 372 and 378 (4)—Acquittal in Complaint Case—Victims right to file appeal in complaint case—Appropriate forum for—Held, the victim has not to pray for grant of special leave to appeal u/s 378(4) of CrPC, before High Court in complaint cases—The proviso to Section 372 of CrPC, does not stipulate any condition of obtaining special leave to appeal—Right provided to the victim to prefer an appeal against the order of acquittal is an absolute right....
Criminal Procedure Code, 1973 (CrPC) - Sections 372 and 378(4) - Appeal against order of acquittal - It cannot be disputed that now after the amendment in Section 372 Cr.P.C. after 2009 and insertion of proviso to Section 372 Cr.P.C., a victim has a statutory right of appeal against the order of acquittal. Therefore, no revision shall be entertained at the instance of the victim against the order of acquittal in a case where no appeal is preferred and the victim is to be relegated to file an appeal - present appeals are accordingly allowed in the aforesaid terms. ...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Penal Code, 1860 (IPC)—Section 342, Section 343—The acquittal of the accused in Special Case No. 369 of 2013, the Karnataka High Court upheld the Trial Court’s decision, which had acquitted the accused of charges under Sections 366A, 342, 376, and 343 IPC and Section 4 of the POCSO Act—The acquittal was based on insufficient evidence to prove the victim's age, the lack of corroborative evidence regarding the alleged kidnapping and sexual assault, and discrepancies in the victim’s testimony—The prosecution failed to substantiate the victim's minor status and did not provide compelling medical or corroborative evidence—Despite arguments that the acquittal was unjust, the Court found no reason to interfere with the Trial Court's...
Penal Code, 1860 (IPC)—Sections 302 and 34—Arms Act, 1878—Sections 25 and 4—The prosecution failed to establish the guilt of the accused beyond reasonable doubt in a murder case—Despite relying on factors such as the immediate arrest of the accused, weapon recovery, and bloodstained clothes—Findings—Particularly the death penalty—Were flawed and imposed an unjust burden on the accused—A high degree of scrutiny and corroborating evidence is necessary in such cases—Convictions and death sentences were therefore unsustainable—leading to the acquittal of the accused. ...
Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal against acquittal—Section 378 CrPC permits the State to appeal an acquittal—The appellate court must consider the presumption of innocence strengthened by the trial court's acquittal—The appellate court should meticulously review evidence and uphold the trial court's decision when two reasonable views exist, respecting the importance of liberty and constitutional principles. ...
Negotiable Instruments Act, 1881—Section 138—Dishonor of Cheque—Acquittal—Appeal dismissed—The complainant advanced Rs.10,00,000 as a hand loan to the accused, and in discharge of this liability, the accused issued a cheque which was dishonored due to a closed account—The trial court acquitted the accused, finding the complainant failed to produce sufficient evidence of his financial capacity to lend the amount—The complainant's appeal argued the presumption of legal liability under Section 138, contending that possession of the signed cheque established the debt—However, the court noted discrepancies, including a lack of documentary proof of the loan and inconsistencies regarding prior transactions between the parties—The accused rebutted the presumption by raising a probable defe...
Indian Penal Code (IPC), sections 147, 148, 149, 201, and 302 appellant was acquitted—His assigned role was merely pointing out the location of the victim's hideout—It was concluded that the appellant's lack of courage in concealing the victim's location did not implicate him as a member of the unlawful assembly—Given these circumstances, the appellant was granted a complete acquittal—The appeal was upheld, affirming his innocence in the matter. ...
A.Criminal Procedure Code of 1973 (CrPC)—Section 223 and 223(a)—Conjunction with various sections of the Penal Code of 1860 (IPC)—34, 217, 218, 120B, 306, 328, 363A, 366, and 376—Pertain to the issues of non-joinder of trials, joint trials, re-trials, and miscarriage of justice. In a case where the prosecutrix tragically committed suicide due to alleged rape by the accused, the subsequent acquittal was appealed—It is essential to underline that the mere possibility of a joint or separate trial cannot be the sole grounds for overturning a conviction or acquittal of the accused. To set aside such an order, it must be demonstrated that the rights of the involved parties were indeed prejudiced by the choice of a joint or separate trial—In this particular case, the High Court's judgment on December 20, 2...
Motor Vehicles Act, 1988—Section 187—Penal Code, 1860 (IPC)—Section 279, Section 337—Acquittal—Appeal against acquittal by the State—On 15/09/2012, the accused, while driving a Tipper Lorry, allegedly collided with a luggage rickshaw, resulting in injuries—The trial court acquitted the accused on grounds of insufficient evidence, stating contradictions in witness testimonies and lack of identification of the accused at the scene—The State appealed, contending that the trial court ignored reliable eyewitness accounts and the owner's identification of the accused—The court examined whether the trial court’s acquittal was arbitrary and lacked legal grounding—It found that the prosecution failed to establish rashness or negligence on the accused’s part, with significa...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Motor Vehicles Act, 1988—Section 304A, Section 337—Revision Petition—Acquittal—Rash and Negligent Driving—Failure of Prosecution to Prove Case Beyond Reasonable Doubt—The petitioner challenged the conviction for causing death by rash and negligent driving under Sections 279 and 304A IPC—The prosecution's case was weakened by discrepancies in witness testimonies and critical oversight in evidence, including the spot mahazar (Ex.P29) noting a burst tire on the lorry—Additionally, the tempo involved exceeded its capacity, impacting the accident's dynamics—Citing State of Karnataka vs Satish (AIR 1996 SC 95), the court found that the prosecution failed to prove the petitioner's negligence conclusively—The court ...
Negotiable Instruments Act, 1881—Section 138—Acquittal—Financial capacity of complainant—Legally enforceable debt—Statutory presumption under Section 139 rebuttable—In cases under Section 138 of the Negotiable Instruments Act, the complainant must establish the existence of a legally enforceable debt or liability—While Section 139 presumes this in favor of the complainant, the presumption is rebuttable—In this case, the complainant failed to provide sufficient evidence of his financial capacity to lend ₹3,00,000 in 2007, such as salary slips or bank records—The inconsistencies in his testimony and failure to establish the accused's proper identity further weakened his case—Although notice was served per legal requirements, the absence of evidence supporting the complainant&...
Penal Code, 1860 (IPC) - Sections 302, 34 and 120B—Murder—Acquittal—Appeal against—In this case, respondents 1 to 4 were initially convicted under various sections of the Indian Penal Code (IPC) for their involvement in a fatal assault—The incident occurred in the early morning, resulting in the victim's death—The key issue leading to their acquittal was the perceived inconsistency between the eyewitness accounts and the medical evidence regarding the nature of injuries and the weapons used—However, the appellant argued that there was no significant inconsistency between the eyewitness and medical evidence—They contended that the High Court had erred in its evaluation of the evidence by not considering that a sharp-edged iron rod could have caused the injuries in question—The defen...
Penal Code, 1860 (IPC) - Sections 302, 34 and 120B - Murder - Acquittal - Appeal against - In the nature of the assault, Section 304 Part II, IPC has no application - Acquittal is therefore held to be unsustainable and is set aside - Conviction by Trial Court is restored. - Appeal allowed. ...
Criminal Procedure Code, 1973 (CrPC)—Section 164, Section 313—Acquittal—Indian Evidence Act, 1872—Section 27—Inadmissibility of Recovery and Confession—The court upheld the acquittal of the accused, finding that the prosecution failed to prove guilt beyond reasonable doubt—The recovery of gold ornaments from the accused did not meet the requirements of Section 27, as they were not discovered from an unknown location but from police custody—Confessions made to police officers were inadmissible under Section 25—Further, medical evidence and forensic reports failed to link the accused to the crime—The absence of independent corroboration of recovery and the failure to establish a connection between the accused and the crime scene items weakened the prosecution's case—The c...
Prevention of Corruption Act, 1988—Sections 7, 13(1)(d), 13(2)—Acquittal—Demand and acceptance of illegal gratification must be proved beyond reasonable doubt—In this case, the prosecution failed to establish the demand and voluntary acceptance of illegal gratification by the accused—Contradictions in witness testimonies, lack of corroboration of the bribe demand, and the prosecution's inability to prove the authenticity of the recorded conversations weakened the case—Mere recovery of phenolphthalein-smeared currency notes is insufficient to presume guilt without proving demand and acceptance—Given the lapses in evidence and failure to meet the standard of proof, the court allowed the appeal, setting aside the trial court’s conviction and acquitting the accused due to reasonable doubt. ...
Criminal Procedure Code, 1973 (CrPC) - Section 357A—Criminal Law—Indian Penal Code, 1860—Sections 302, 203—Acquittal—Burden of Proof—Section 106 of the Indian Evidence Act, 1872—In a case involving the accused’s conviction under Sections 302 and 203 of the IPC for murder, the prosecution failed to prove the case beyond a reasonable doubt—The trial court convicted the accused based on his cohabitation with the deceased and relied on Section 106 of the Indian Evidence Act, shifting the burden of proof to the accused—However, Section 106 can only be invoked after the prosecution has established a prima facie case—Since all material witnesses turned hostile, and there was no direct or conclusive circumstantial evidence, the conviction based solely on cohabitation was unjustifie...
Indian Penal Code, 1860—Sections 498A, 304B, 302; Dowry Prohibition Act, 1961—Sections 3, 4—Conviction for Dowry Death and Murder—Evidence and Delay in FIR—Acquittal—In an appeal against conviction under Sections 498A, 304B, 302 IPC, and Dowry Prohibition Act, the court held the trial court erred in its judgment—There was an unexplained 7-day delay in FIR filing, with no initial mention of dowry harassment—Witnesses provided contradictory and hearsay statements lacking corroboration—No direct evidence of dowry demand was proven—Although presumption under Section 113B of the Evidence Act applied, the prosecution failed to establish initial evidence of cruelty or demand—The trial court’s reliance on weak evidence led to misjudgment—Given the lack of credible proof...
Karnataka Excise Act, 1965—Sections 32, 34, 53, and 54—Acquittal—Non-compliance with mandatory provisions and procedural safeguards: The appellate court quashed the conviction and sentence due to significant lapses in the prosecution’s case—It was held that the mandatory requirements under Sections 53 and 54 were not followed, as the raiding officer failed to record the grounds of belief before conducting the search and seizure—The reliability of the sole panch witness was compromised as he was identified as a "stock witness" of the police station—There was no evidence of vehicle ownership, and an unexplained delay in sending the seized samples for chemical examination cast doubt on the integrity of the process—Additionally, the prosecution did not produce the seized liquor sachets...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Criminal Law—Acquittal in Appeal—Circumstantial Evidence Insufficient—In Subhashchandra s/o Bangari @ Bangarya Gouda v. State of Karnataka, the Karnataka High Court set aside the appellant's conviction and sentence in a murder case, citing a lack of conclusive evidence—The case hinged on circumstantial evidence, including the discovery of the accused’s motorcycle near the victim’s body—The High Court held that this alone was insufficient to establish guilt without corroborative proof—The prosecution's reliance on the "last seen" theory failed as key witnesses turned hostile—Inconsistent testimonies from family members and the unreliable alleged phone confession further weakened the case—The absence of ...
Penal Code, 1860 (IPC)—Section 366, Section 366(A)—Criminal Appeal—Acquittal—Investigation lapses—Victim testimony not recorded—Evidence turning hostile—Insufficient proof of charges—The State's appeal against the acquittal of the accused under Sections 366, 376 IPC and Sections 3(1)(x), 3(1)(xv), and 3(2)(v) of the SC/ST Act was dismissed—The trial court acquitted the accused due to a lack of credible evidence, as key eyewitnesses, including the victim’s father, turned hostile—The victim's statement was not recorded, despite allegations that she was speech-impaired, which was contradicted by medical evidence—The failure to record the victim’s statement with the assistance of a speech expert was noted as a serious investigational lapse—The appellat...
Penal Code, 1860 (IPC)—Sections 143, 147, 148, 341, 506, 324, 307, 149—Acquittal—Appeal by Complainant-Victim: In a case involving an alleged assault by unlawful assembly using weapons like talwars and sickles, the Sessions Court acquitted the accused, citing inconsistencies in the prosecution's evidence—The complainant-victim’s claims were not corroborated by medical evidence or testimonies from key witnesses—The Doctor's testimony contradicted the nature of injuries, and there were contradictions in witness accounts regarding the time and presence of the accused—Additionally, prior enmity between the parties suggested a counterblast nature of the complaint—The State chose not to appeal the acquittal—On appeal by the complainant, the court dismissed it at the admission stage, ...
The acquittal of the accused in Criminal Appeal Nos. 40 & 41/2009, the State challenged the judgment by arguing that the first appellate court erred in re-evaluating the evidence and disbelieving the testimony of PW-2, the bank manager who reported the incident. PW-2 alleged that he was assaulted and robbed by the accused while executing a warrant at their residence, but the first appellate court found inconsistencies in his account and noted a lack of corroborative evidence, such as medical records or recovery of stolen items—The court emphasized that the evidence of PW-2 was exaggerated and unreliable, particularly as PW-1, the bailiff, did not support the prosecution's case—Consequently, the first appellate court's decision to acquit the accused was upheld, and the appeals were dismissed, affirming the lower cou...
(A) Negotiable Instruments Act, 1881, Section 138—Dishonour of cheque—Notice—Plea of non-service—Acquittal by trial court on that basis—No deficiency emanates on the part of the Appellant for having issued Notices to the Respondent in his admitted address—Service of notice is presumed and fulfilling the requirement of 'giving Notice,' contrary to the finding of the learned trial—Impugned judgment is set aside—Appeal is allowed.(Para 12 and 13) (B) Negotiable Instruments Act, 1881, Sections 139 and 118(a)—Existing liability—The Respondent/accused has admitted his legal liability/ obligations towards the Appellant/complainant—The Respondent does not deny his signatures on the Cheques which were dishonoured nor does he dispute the transactions between him and th...
Criminal Procedure Code, 1973 (CrPC)—Section 397—Revision—Indian Penal Code, 1860 (IPC)—Sections 279, 304A—Rash and Negligent Driving—Benefit of Doubt—Acquittal—In this case, the petitioner/accused challenged the conviction and sentence for rash and negligent driving resulting in death, as upheld by both the Trial Court and the First Appellate Court—The prosecution alleged that the accused, driving a lorry in a rash manner, collided with a stationary lorry, causing the death of its cleaner—The High Court, however, observed that there were no eyewitnesses to the incident, inconsistencies in witness testimony, and contributory negligence from the driver of the stationary lorry—Due to insufficient evidence to conclusively establish the accused's negligence, the court exten...
Indian Penal Code of 1860 (IPC) — Sections 34, 302, and 201—Particularly and the Evidence Act of 1872, Section 106, are central to the case involving murder. The burden of proof is a critical aspect. The appellant's conviction primarily hinges on the recovery of the deceased's watch, based on the appellant's confession—It's worth noting that PW 12 did not initially state to the Investigating Officer that he had given his watch to the deceased when he left the house on 15.03.1984. It became evident during the Investigating Officer's cross-examination that this statement by PW 12 was an improvement in his testimony—The process by which the appellant's confession was recorded and the seizure of the watch receipt raise doubts. The evidence provided by PWs 11 and 16 only indicates that they were ...
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...
Negotiable Instruments Act of 1881—Section 139—Operates as a reverse onus clause. Once the issuance of the cheque is admitted, along with the signature on the cheque, a presumption arises in favor of the complainant that a legally enforceable debt or liability exists. Subsequently, it becomes the responsibility of the accused to counter this presumption by presenting evidence (as stated in Paragraph 7)—Regarding Section 138 of the Negotiable Instruments Act, which pertains to dishonor of a cheque and the discharge of legal liability, the appellant is involved in the sale and purchase of Foreign Exchange. The accused respondents had sought Foreign Exchange Currency/USD Travel Currency Cards from the appellant. According to the complainant (the appellant), they had paid a total of Rs. 19,01,320 to the accused via VTM (Visa...
Negotiable Instruments Act, 1881—Section 138—Dishonor of Cheque—Acquittal—Presumption under Section 139 rebuttable—The accused successfully rebutted the presumption of issuance of cheque for discharge of legally enforceable debt by proving no financial transaction existed between him and the complainant, and the bank account was closed prior to the alleged loan—Complainant failed to provide substantive evidence, including documentary proof, witnesses, or corroboration of the alleged ₹14,00,000 loan—Mere marking of the cheque insufficient to prove liability—Inconsistencies in the complainant’s testimony and absence of supporting evidence resulted in failure to prove existence of debt—Judgments cited by complainant, while supporting the presumption under Section 139, did not reli...
Negotiable Instruments Act, 1881 (NI)—Section 138—The complainant challenged the acquittal of the respondent for dishonor of a cheque amounting to ₹1,50,000—The complainant claimed the cheque was issued for a hand loan; however, the respondent denied borrowing the amount and contended that the cheque was taken as security for a clothing business transaction—The trial court, after examining the evidence, found that the complainant failed to substantiate the loan claim, noting inconsistencies in his testimony and the lack of supporting documents—The court ruled that the complainant did not prove the cheque was issued in discharge of a debt—The appellate court upheld the acquittal, emphasizing that an acquittal cannot be overturned solely based on the possibility of an alternate interpretation of the evi...
Indian Penal Code, 1860, Sections 306 and 498A—Criminal Procedure Code, 1973, Section 378—Acquittal by trial court—Appeal against—There is no evidence, whatsoever to even suggest that deceased committed suicide because of ill-treatment or cruelty by of the accused—There is double presumption in favour of the accused, firstly, the presumption of innocence and secondly, accused having secured their acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the trial court—Evidence also not established that the accused by their acts intended the deceased to commit suicide—Hence, the impugned acquittal order held to be justified—Appeal dismissed.(Para 27 to 30)...
Criminal Procedure Code, 1973—Section 300 —Person once convicted or acquitted not to be tried for same offence —Forged general power of attorney—appellant had previously been acquitted on 07.08.1998 regarding the charge of forging a general power of attorney belonging to the respondent. The key elements of both FIRs are identical—Therefore, the subsequent prosecution of the appellant, which stems from FIR No. 114 of 2008, dated 09.10.2008, lacks a valid basis. Consequently, the FIR dated 09.10.2008, along with the associated orders dated 18.12.2015, 31.05.2016, and the impugned order dated 01.03.2017, are hereby nullified. The appeal has been granted. ...
Penal Code, 1860 (IPC)—Sections 302 and 304—Criminal Procedure Code, 1973 (CrPC)—Section 313—Evidence Act, 1872—Section 154—Trial Court acquitted the accused, later reversed by the High Court. When the Trial Court's reasonable view is taken, Appellate Court interference requires strong reasons. Witness testimonies raised doubts due to inconsistencies, and failure to declare a witness hostile weakened the case. As the evidence doesn't prove guilt beyond doubt, the Trial Court's acquittal stands. The Appeal is allowed. ...
This appeal arises from the acquittal of accused Nos. 1 to 4, charged under sections 323, 325, 448, 504, and 506 r/w 34 IPC—The prosecution alleged that, motivated by ill-will, the accused assaulted the complainant at his home on 28.10.2008, leading to severe injuries, including the loss of an eye—The trial court convicted the accused based on the complainant’s testimony, but the first appellate court found inherent contradictions and a lack of independent eyewitnesses—It noted discrepancies in the complainant's accounts, particularly regarding evidence of blood and injuries—The complainant’s prior claim for compensation from an insurance company, stating injuries were sustained in an accident, undermined the prosecution's case—The appellate court’s meticulous examination of evidence...
Criminal Procedure Code, 1973 (CrPC)—Section 164—The appeal against the acquittal of the accused for alleged sexual assault under Section 376 IPC and Section 4 of the POCSO Act, the Court reaffirmed the principle that the prosecution bears the burden of proving guilt beyond a reasonable doubt—The prosecutrix, a minor with borderline intelligence, claimed to have been assaulted near a brick kiln—However, medical examinations indicated no evidence of sexual intercourse, with the hymen intact and no injuries—Additionally, key witnesses turned hostile, significantly weakening the prosecution's case—The Court noted the absence of corroborative evidence, including the lack of seminal stains, and highlighted the prosecutrix's incoherent testimony—Consequently, the Court held that the prosecution ...
The Negotiable Instruments Act, 1881, Sections 138 and 139—Dishonour of cheque—An agreement of sale between parties—Acquittal by trial court—An order of acquittal reversed by High Court, observing that there is sufficient evidence on record to show that the said cheque was issued to discharge "legally enforceable debt"—Hence, present petition—As pointed by the High Court in the statutory presumption under Section 139 of N.I. Act, the appellant/accused has not satisfactorily rebutted the statutory presumption—So we do not find any ground warranting interference with the conviction of the appellant-accused under Section 138 of N.I. Act—The appeal is accordingly disposed of.(Para 5 to 8) ...
Penal Code, 1860—Section 149—Criminal Procedure Code, 1973—Section 378—Appeal against acquittal—Acquittals simply due to differing views—It can do so only if the lower court's findings lack evidence or are irrational—Common object in an unlawful assembly doesn't necessitate all members committing overt acts; it's deduced from collective actions and circumstances—In a murder case with injuries to vital body parts, High Court rightly reversed acquittal, as the Trial Court's reasoning contradicted evidence—The common object was evident from the incident's genesis, weapon use, and injuries—Conviction under Section 304 Part I of IPC was upheld, modifying the High Court's judgment. ...
Indian Penal Code, 1860—Sections 498(A) r/w Section 302— Dowry Death—Acquittal by trial court due to lack of proof demanding dowry—Acquittal reversed by High Court by scrutinizing evidence— Death of wife within seven years from the date of their marriage squarely fell within the meaning of Section 498-A Explanations (a) and (b) of IPC—Kerosene oil detected on the dead body of wife in post mortem report—Broken bangles were found in the room— Relationship between husband and wife were not cordial—No explanation given by appellant husband for this—Even if, some witnesses might have turned hostile, yet it would be of no significance and nor it would adversely affect the case of the prosecution—Appeal fails and accordingly dismissed. (Para 33, 40, 41, 42, 45)...
Criminal Procedure Code, 1973 (CrPC)—Section 161—Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302, Section 323, Section 324, Section 341—High Court's acquittal of the accused-Respondent in a case involving a deadly assault—The Supreme Court upheld the acquittal, citing the absence of conclusive evidence and discrepancies in witness statements—The accused-Respondent's conviction was not sustained, and the appeal was dismissed. ...
Penal Code, 1860 (IPC)—Section 376—Appealed for acquittal—The conviction was based on eyewitness testimonies and medical examination evidence—The court upheld the conviction, finding no grounds for disbelief—The appeal was dismissed, and the seven-year RI sentence confirmed. ...
Acquittal—ten accused individuals in two criminal appeals in the Calcutta High Court—The case involved the murder of the appellant's husband, who was attacked with bombs and firearms while returning from watering paddy fields—The trial court convicted four accused individuals, but the High Court acquitted them—The Supreme Court upheld the conviction of the four accused, citing the credibility of the witnesses and medical evidence—However, the acquittal of the other six accused individuals was upheld. ...
Prevention of Food Adulteration Act, 1954—Section 7—Convicted under the Prevention of Food Adulteration Act but acquitted by the High Court, citing the adulterated item wasn't meant for sale—The Supreme Court overturned the acquittal, relying on a previous decision, and reinstated the conviction and sentence. ...
Penal Code, 1860 (IPC)—Section 304(II)—High Court of Karnataka reversed the acquittal of the appellants-accused and convicted them under Section 304(II) IPC for their involvement in an assault—The accused had attacked the complainant party, resulting in injuries and the death of one individual—The trial court had acquitted the accused, citing lack of proof of motive and intention—However, the High Court reversed the acquittal based on consistent witness testimonies and medical evidence—The Supreme Court upheld the High Court's decision, stating that there was no need for the prosecution to explain the accused's injuries, as they were not grievous—The appeal was dismissed. ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 20 - Acquittal - Accused was sentenced to ten years of rigorous imprisonment and a fine. The appeal was based on discrepancies in the sample seal, but upon careful examination, it was found that the seals were consistent with the inscription 'H'. Therefore, the appeal was dismissed, and the conviction upheld. ...
Criminal Procedure Code, 1973 (CrPC) - Section 378—Appellant in this case appealed against the reversal of his acquittal by the High Court, contending that he was not properly served notice of the appeal—The court found that the appellant had not been served notice due to various difficulties in locating him—As a result, the impugned order was set aside, and the appellant was released on the condition that he deposits his passport and remains in the country during the appeal's pendency, to be heard alongside other pending appeals. ...
Evidence Act, 1872 - Section 3—Penal Code, 1860 (IPC) - Section 299, Section 304, Section 323, Section 34—Road-rage homicide—Reversal of acquittal by High Court—Road-rage homicide case, the High Court reversed an acquittal but failed to provide sufficient evidence for the conviction of A-2 under Section 304 Part II/34 of the IPC—The Supreme Court found that there was no clear identification of A-2 as the second person involved and that medical evidence did not conclusively establish the cause of death—It concluded that A-1 could be punished under Section 323 IPC with a fine of Rs—1000, given the incident's age. ...
Penal Code, 1860 (IPC) SECTION 302—However, the High Court of Karnataka reversed the acquittal and convicted the appellant based on circumstantial evidence as there were no eyewitnesses—The evidence presented by the prosecution included the accused's connection to the deceased, the discovery of the deceased's body in a lodge where the accused stayed, and the identification of the accused by lodge staff—Additionally, the recovery of a room key at the accused's instance was considered—The Supreme Court upheld the High Court's decision, finding the circumstantial evidence sufficient to establish the accused's guilt—The appeal was dismissed, and the conviction and sentence were upheld. ...
Criminal Procedure Code, 1973, Section 386, and the Penal Code, 1860, Sections 302 and 394 read with Section 34, it's crucial to note that ordering a retrial is not warranted for mere irregularities that do not result in prejudice—The power to order retrial should be sparingly employed and is typically reserved for exceptional cases.-Retrial may be considered if the original trial was unsatisfactory due to particular reasons such as an inappropriate charge, erroneous evidence rulings, or improper admission or rejection of evidence—The High Court's discretion in directing a retrial under Section 386(a) of Cr.P.C., along with specific directives, is not inherently erroneous and should not be interfered with unless there are compelling reasons.-In the context of appeal against acquittal, the High Court may, under Section ...
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20—Criminal Procedure Code, 1973—Section 378—Seizure of contraband—Acquittal by High Court—The accused had been acquitted by the High Court due to numerous discrepancies and contradictory statements by prosecution witnesses—The court found that these contradictions were of a significant nature and undermined the prosecution's case—The High Court's decision was upheld, highlighting the importance of reliable evidence in establishing guilt. The court emphasized that evidence should be assessed for its credibility, and once satisfied, it should inspire confidence for acceptance. ...
Criminal Procedure Code, 1973 (CrPC)—Section 372, Section 378(3)—Husband of the deceased, filed a complaint against a doctor for alleged medical negligence resulting in his wife's death—Doctor was initially convicted but later acquitted on appeal—State of Madhya Pradesh sought leave to appeal the acquittal but was denied—Appellant withdrew his appeal in anticipation of the state's appeal, leaving him without a remedy—Supreme Court ruled that the appellant had the right to challenge the acquittal and allowed him to renew his appeal within four weeks—Court expressed no opinion on the merits of the case. ...
Evidence Act, 1872—Section 7—Penal Code, 1860 (IPC)—Section 302—Punjab Excise Act, 1914—Section 61(1)(a)—That resulted in numerous deaths and cases of blindness—High Court initially acquitted the respondents, but the Supreme Court has partially allowed an appeal, setting aside the acquittal and restoring the convictions handed down by the trial court—Respondents have been found guilty of their involvement in the sale of the harmful liquor and will serve their sentences. ...
Case involves an appeal against a judgment and order of the High Court of Punjab and Haryana—Appellant is challenging the dismissal of Dharam Singh, a JBT teacher in Haryana, based on his conviction under Section 304 Part—II IPC for an offense involving moral turpitude—After Dharam Singh's death and the partial acquittal of his co—accused, his widow sought the reversal of his dismissal—High Court, relying on instructions issued by the state, allowed the widow's claim—Appeal court affirmed the decision, except for the payment of back wages, which was modified based on precedent. ...
Criminal Procedure Code, 1973 (CrPC)—Section 372—Penal Code, 1860 (IPC)—Section 201, Section 302, Section 307, Section 34—Trial court acquitted all the accused, and the appellant (son of the deceased) filed an appeal before the High Court—High Court dismissed the appeal without proper examination and discussion of the evidence—Supreme Court allowed the appeal in part and remanded the case to the High Court for a fresh hearing on merits—Court emphasized that the High Court should exercise its appellate powers diligently while hearing appeals against acquittal. ...
Three accused were charged with various offenses, including murder—During the trial, medical evidence and eyewitness testimonies supported the prosecution's case—Trial court convicted all three accused, sentencing them to life imprisonment—On appeal, the High Court upheld the convictions and sentences for two of the accused, Sant Lal and Fatta Ram, but acquitted the third accused, Bira @ Bhira—High Court suggested that Bira @ Bhira's involvement might have been due to enmity, and there was doubt regarding his presence at the scene—State of Haryana filed an appeal challenging Bira @ Bhira's acquittal, while Fatta Ram filed a Special Leave Petition—Supreme Court upheld Bira @ Bhira's acquittal, finding no reason to interfere with the High Court's decision in his case—Consequently...
Penal Code, 1860 (IPC)—Section 302, Section 34—Appeal concerns a case of alleged murder where the accused were initially convicted but later acquitted by the High Court—Appellant, who is the father of the deceased, challenged the acquittal—Case was based on testimonies of witnesses, but the High Court found contradictions and inconsistencies in their statements—Additionally, medical evidence lacked clarity on the cause of injuries—Supreme Court upheld the High Court's decision, stating that there were substantial doubts about the guilt of the accused, and the appeal had no merit. ...
Criminal Procedure Code, 1973 (CrPC)—Section 372, Section 372, Section 378(3)—Penal Code, 1860 (IPC)—Section 302, Section 308, Section 342, Section 376(2)(b)—Case revolves around the right of a victim to file an appeal against acquittal—In this instance, the victim filed an appeal without seeking leave from the High Court—High Court allowed this appeal without the need for leave, citing Section 372 of the Criminal Procedure Code—However, a subsequent decision by the Supreme Court in Satya Pal Singh clarified that leave was required for such appeals under Section 378—Consequently, the High Court's decision was challenged—Supreme Court has now clarified that leave must be obtained for such appeals, and the cases have been remanded for further consideration ...
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. ...
Acquittal—Passage discusses a legal case involving multiple individuals, including a former Chief Minister of Tamil Nadu (referred to as A1), who were charged with acquiring and possessing assets disproportionate to their known sources of income—Charges include criminal conspiracy and abetment—Trial court analyzed the evidence presented and deliberated on various aspects of the case—Passage provides background information and the charges against the accused but does not offer a final judgment or conclusion. ...
Penal Code, 1860 (IPC)—Section 302—Criminal Law-Acquittal—Charge of Murder—Divorce between accused and deceased—charged with murder—However, several important factors weighed in favor of the accused—There was a divorce between the accused and the deceased, and they were not supposed to live together—The prosecution failed to establish the guilt of the accused beyond a reasonable doubt—The High Court carefully analyzed the facts and evidence presented in the case and concluded that the arguments presented by respondent No.2 (likely a party or counsel) were more convincing—The findings of the High Court were deemed plausible, logical, and well-supported by the evidence on record—Therefore, the High Court's conclusions were upheld—As a result, the appeals made by the...
Acquittal — Revision against — Held that the scope of revisional jurisdiction of the High Court does not extend to re—appreciation of evidence — In exercise of revisional jurisdiction, the High Court can interfere with the acquittal only if there is perversity in the order of acquittal — In the present case, the order of acquittal could not be held to be perverse — The High Court observed that the demand of articles, papers of house property of Jabalpur and Noida and the contents of Exhibits Ka2 and Ka3 amounted to harassment, cruelty and mental torture — This observation amounted to substitution of its view by the High Court for the view taken by the Magistrate after due consideration of all the allegations — The Magistrate having dealt with the matter threadbare, the High Court, in exercis...
Constitution of India, 1950—Article 134—Criminal Procedure Code, 1973 (CrPC)—Section 378—Acquittal—Appeal pertains to a case where the Trial Court's finding on the charges was upheld by the High Court in the judgment of acquittal of the accused—The appellant argued that the High Court's judgment was erroneous and requested that it be set aside on various grounds—The Court considered whether to set aside the High Court's judgment and remand the case for fresh consideration—After careful review, the Court concluded that there was no evidence to support the conviction of the accused—It also found that the Trial Court had correctly assessed the evidence and had reached the right conclusion by acquitting the accused—As a result, the Court decided not to interfere with the ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 15, Section 8—Acquittal—State of Rajasthan has filed an appeal against the High Court's judgment in a criminal case involving charges under the Narcotic Drugs and Psychotropic Substances Act—The High Court had acquitted the accused after setting aside the judgment and conviction order of the Special Judge—The key points of the summary are as follows: Non-compliance with the requirements of Sections 42 and 50 of the Act is not permissible, but delayed compliance with a satisfactory explanation can be acceptable for Section 42. In this case, there was total non-compliance with Section 42(1) proviso, and Section 43 was not applicable, meaning the search should have been conducted after complying with Section 42. The ...
Penal Code, 1860—Sections 380, 457 and 460—Theft and lurking house trespass—Acquitted by the High Court, it is noted that the High Court's decision was based on its careful evaluation of the evidence, and it was well within its jurisdiction to do so—The High Court provided reasoning for its decision to reverse the Trial Court's findings—The summary emphasizes that the High Court's decision was one of the possible views that it could have taken upon evaluating the evidence—As such, the appeal challenging the High Court's decision has been dismissed—This implies that the Court found no grounds to overturn the High Court's acquittal. ...
Evidence Act, 1872—Section 113A—Penal Code, 1860 (IPC)—Section 304B, Section 306, Section 498A—Cruelty and abetment of suicide—High Court reversed the acquittal of the accused—The deceased woman died of poisoning and was found to be pregnant at the time of her death—Her unnatural death occurred within seven years of her marriage—There were allegations of demands for money and gold from the accused—The delay in filing the FIR (First Information Report) was explained adequately, and the Court recognized that such delays are not necessarily fatal to a case—The evidence provided by the deceased's mother, supported by her cousin, indicated that the deceased was subjected to physical and mental harassment, both directly and indirectly, due to her failure to comply with the accused&...
Penal Code, 1860 (IPC)—Section 143, Section 186, Section 332—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(x)—Acquittal—The appellant was accused of assaulting 'X' while he was on duty, and a complaint was filed against him—The court considered the appellant's unconditional offer of compensation to the victim and his unqualified acceptance of the condition of submitting a Bond of good behavior—The court also noted that the appellant had been disqualified from representing his constituents in Parliament for six years, which was an exceptional consequence—As no special reason was given for awarding the maximum punishment to the appellant, the court has decided to quash the prosecution against him—The appeal has been disposed of ac...
Order of acquittal—Acquittal order passed by the trial court is being set aside based on the successful proof of the case against the respondents (original accused) for the offense under Section 397 of the Indian Penal Code (IPC)—The court has decided to convert the acquittal into a conviction—The High Court's order has been set aside, and the appeal is allowed. ...
Criminal Procedure Code, 1973 (CrPC)—Section 439—Principle of natural justice—High Court reversed this acquittal and convicted the appellant without serving notice upon him—The High Court did not provide the appellant with an opportunity for a fair hearing, violating the principles of natural justice—As a result, the Court set aside the impugned judgment and order—The matter has been remanded back to the High Court with the request to reconsider it and pass an appropriate order on its merits, while ensuring that all parties are afforded a reasonable opportunity to present their case—The appeal was allowed. ...
Penal Code, 1860—Section 498A—Cruelty—Demand for Dowry—Appreciation of Evidence—Acquittal—The complainant alleged that after marriage, she was subjected to mental and physical torture by her husband and in-laws due to dissatisfaction with dowry—She claimed that Rs. 50,000 was demanded, and upon non-fulfillment, she was driven out—The Trial Court convicted the petitioner under Section 498A IPC, sentencing him to four months' RI and a fine, which was upheld on appeal—In revision, the High Court found contradictions in the complainant’s statements—While she initially alleged she was driven out after assault, her evidence indicated she left voluntarily—Witnesses (PW-2, PW-3) lacked personal knowledge of the alleged cruelty—The Court held that vague allegations w...
Acquittal — Indian Penal Code, 1860, Section 304B — Leave to Appeal — Dowry Death — Cruelty — Leave to Appeal — High Court has not given any reason for refusing to grant leave to file appeal against acquittal — Impugned order held to be very cryptic by which the High Court refused leave to appeal and dismissed both appeal as well as the revision —Impugned order is liable to be set aside — Matter remitted back to the High Court — Even though State of Rajasthan has not preferred any appeal , as the impugned order is a common order and in the interest of justice, court deemed it appropriate to grant leave to appeal to the State as well....
Negotiable Instruments Act, 1881—Section 138—Dishonour of Cheque—Acquittal—Presumption under Sections 118 and 139—Rebuttal of Presumption—Burden of Proof—The complainant alleged that the accused had taken a loan of ₹5,00,000 with an assurance to repay ₹5,20,000, and issued a post-dated cheque, which was dishonoured for insufficient funds—The trial court acquitted the accused, holding that the complainant failed to establish the loan transaction and the issuance of the cheque towards a legally enforceable debt—On appeal, it was contended that the trial court erred in not drawing the statutory presumption under Sections 118 and 139 of the NI Act in favour of the complainant—The accused, however, argued that the cheque was issued as security, and the complainant had manipulated ...
Protection of Children from Sexual Offences Act, 2012 - Section 12, Section 19, Section 24, Section 25, Section 8...
Penal Code, 1860 (IPC)—Section 498A—Cruelty—Demand for Dowry—Acquittal in Revision—Marriage between petitioner and complainant solemnized on 11.03.1998; dispute arose soon after—Complainant alleged torture and demand for ₹40,000/- by husband and relatives, leading to her expulsion from the matrimonial home—Trial Court convicted accused under Section 498A IPC, which was upheld in appeal—In revision, petitioners contended that evidence was misread and the case was a counterblast to a prior case filed by the husband—Evidence showed disputes arose primarily due to complainant’s suspicion of husband’s illicit relationship with his sister-in-law—Courts below ignored this crucial aspect—No direct evidence of demand for dowry or cruelty compelling complainant to infli...
Acquittal — Recall of order — Given the finality of the judgment delivered in Crl. A. 502 the High Court had fallen in error in hearing the very same matter over again in Crl. A. No. 690 of 2006 obviously without being conscious of the fact that the conviction of the appellant already stood affirmed no matter by another Bench of the same High Court — High Court committed no error in recalling and declaring a nullity the second judgment delivered by it in Criminal Appeal No. 690 of 2006 — There is no room for interference with the conviction recorded by the Trial Court and affirmed by the High Court or with the order passed by the High Court under Section 482, Cr.P.C. recalling its order passed in Crl. 690 of 2006....
Criminal Procedure Code, 1973 (CrPC)—Section 173(2), Section 235, Section 313, Section 378—Dowry Prohibition Act, 1961—Section 3, Section 4—Evidence Act, 1872—Section 113A, Section 113B—Penal Code, 1860 (IPC)—Section 201, Section 300, Section 302, Section 304, Section 304B, Section 306, Section 34, Section 498A— Faced trial before the IIIrd Additional Sessions Judge in Nainital—During the trial, the accused denied the allegations made against them but did not produce any oral or documentary evidence in their defense—Court found that there was evidence to support the charges under section 304B, but due to a lack of rebuttal, the convictions for sections 304B, 498A, and 201 were set aside for two of the accused—Court did not find it necessary to follow certain proc...
Acquittal — Revision against — Estoppel — In impugned order the development of settlement between the parties during pendency of the revision petition has not even been adverted to by the High Court — Once the matter was settled between the parties and the said settlement was given effect to in the form of divorce by mutual consent, no further dispute survived between the parties, though it was not so expressly recorded in the order of this Court — No liberty was reserved by the wife to continue further proceedings against the husband — The wife after settling the matter estopped from continuing the proceedings....
Criminal Procedure Code, 1973 (CrPC)—Section 313—Evidence Act, 1872—Section 113A—Penal Code, 1860 (IPC)—Section 114, Section 201, Section 306, Section 498A—Acquittal—Conviction and sentence—Accused of various charges under the Indian Penal Code, including cruelty and abetment of suicide—Trial court acquitted most of the accused, convicting the husband for a minor offense—However, the High Court reversed the acquittals, convicted all the accused of more serious charges, and increased the husband's sentence—Accused appealed to the Supreme Court, arguing that the prosecution had failed to present evidence properly, and that the High Court's decision was based on conjecture—Supreme Court upheld the High Court's decision, emphasizing the need for fair prosecuti...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 18, Section 28, Section 29, Section 42, Section 42(1), Section 50, Section 50(1), Section 8. During a drug-related arrest—Police searched a bag carried by the accused, recovering opium, but did not individually inform them of their right to be searched before a gazetted officer or magistrate, as required by Section 50(1) of the NDPS Act—Supreme Court held that the joint communication of the right and the option to be searched by a member of the raiding party constituted a breach of Section 50, leading to the acquittal of the accused. ...
Criminal Procedure Code, 1973 (CrPC)—Section 154, Section 154(2), Section 2, Section 200, Section 307, Section 377, Section 378, Section 386, Section 389, Section 390, Section 391, Section 392, Section 401, Section 401(1), Section 401(3)—Context of revision against an acquittal, interference with the order is warranted only in cases of manifest errors of law or procedure or where the acquittal order exhibits glaring illegality leading to a miscarriage of justice. If the acquittal results from a misreading, non-consideration, or perverse appreciation of evidence, the High Court, at the informant's instance, can set aside the acquittal order in revision and direct a fresh disposal on merits by the trial court. Additionally, the terms "informant" and "complainant" in the Criminal Procedure Code have distin...
Arms Act, 1959—Section 25—Appellant challenges the High Court's acquittal of the respondent, son of J, from charges under sections 302, 452, 342, 148, and 149 of the Indian Penal Code. The allegation relates to the respondent causing injury to the deceased's left cheek with a Gandasa. However, the key injury leading to death is on the chest, not the left cheek. The appeal is dismissed. ...
Disproportionate Assets—Burden of Proof—Acquittal—In an appeal against conviction under Section 13(1)(e) of the Prevention of Corruption Act, 1988, the High Court held that the prosecution failed to establish beyond reasonable doubt that the appellant was in possession of assets disproportionate to his known sources of income—The prosecution’s choice of base years for valuation lacked justification, and reliance on the CPWD Manual instead of the APWD schedule of rates remained unexplained—Furthermore, the trial court failed to consider documentary evidence produced by the appellant, including a register detailing day-to-day construction expenses, which was not challenged for authenticity—The assessment of assets was inconsistent, and essential components of the appellant’s income, including ...
Penal Code, 1860 (IPC) - Section 324, 326—Acquittal—Appellant was charged under Section 324 and 326 of the Indian Penal Code. The trial court acquitted the appellant, but the High Court retained the conviction under Section 324 and imposed a fine of Rs. 60,000. The Gram Panchayat paid the steep fine on the appellant's behalf, and any amount exceeding Rs. 10,000 will be refunded to the appellant/Gram Panchayat. The appeal was allowed. ...
Criminal Procedure Code, 1973 - Sections 397 and 401—Acquittal—High Court's reversal of an acquittal was challenged. The Supreme Court emphasized that the revisional jurisdiction of the High Court, when examining orders of acquittal, is extremely narrow and should only be exercised in cases where the Trial Court committed a manifest error of law or procedure, causing a miscarriage of justice. The High Court is not empowered to convert an acquittal into a conviction, but it may order a retrial after setting aside the acquittal. In this case, the prosecution's story lacked support from the doctor's evidence, and the investigating officer's testimony contradicted the harassment allegations. The absence of evidence and contradictions rendered the prosecution's version unreliable, leading to the restoration of t...
Criminal Procedure Code, 1973 (CrPC), 1973—Section 161—Acquittal—Critical evidentiary gaps were identified. Notably, the alleged weapon and the pellet used were not recovered, and inconsistencies in witness statements, particularly from PW-3, were highlighted. Furthermore, discrepancies in the father's name of the Appellant and the de facto complainant's neighbor raised doubts. The prosecution failed to establish its case beyond a reasonable doubt, including against the Appellant. Consequently, the Appellant was granted the benefit of the doubt, and the appeal was allowed, indicating the insufficiency of evidence against all accused parties. ...
Indian Penal Code, 1860—Section 376—Rape—Consent—Acquittal—The prosecutrix, a major at the time of the incident, alleged that she was forcibly taken by the accused while proceeding to her music teacher’s house and was kept at the residence of one Gabbar Singh, where she was allegedly subjected to sexual assault—Medical evidence confirmed the absence of any signs of violence on her body—The prosecutrix did not attempt to escape or inform others during her stay and reported the incident to her father only after being abandoned by the accused—The delay in filing the FIR and the accused’s prior intimation to the victim’s father about taking her away indicated that she had eloped voluntarily—The evidence suggested that the sexual encounters were consensual—The appell...
Penal Code, 1860 (IPC)—Section 498—A, 306, 302, 34, 201—Evidence Act, 1872—Section 157, 118—Acquittal—Indian Constitution against the judgment of the Kerala High Court—The case centers on the death of a woman, Suhara, who sustained stab injuries in 1998, leading to her death—Initially, the police registered a case of harassment and suicide against her in-laws, but they were acquitted—Two years later, Suhara's brother, Hamza, lodged a complaint accusing some family members of murder—A trial ensued, with the main evidence being the testimony of Suhara's young son, referred to as PW-1—He claimed to have witnessed the murder by two of the accused—The trial court convicted two of the accused, A-1 and A-2, based on PW-1's testimony, while acquitting the others&m...
Penal Code, 1860—Sections 376, 366A—Rape—Procuration of Minor Girl—Acquittal—The appellant was convicted under Sections 376 and 366A IPC for allegedly inducing a minor girl to accompany him and engaging in sexual intercourse—The prosecution relied on medical evidence suggesting the victim was below 18 years, though no ossification test was conducted—The Court noted the legal margin of error in medical age determination, placing the victim's possible age between 16 and 20 years—The evidence showed that the victim willingly accompanied the appellant and there was no involvement of a third party, a necessary ingredient under Section 366A IPC—Further, medical examination confirmed her hymen was intact, contradicting the allegation of sexual intercourse—The Court held that, in the...
Penal Code, 1860 (IPC)—Sections 307, 506—Attempt to Murder—Criminal Intimidation—Acquittal—Scope of Interference in Appeal—The case arose from a civil dispute between two brothers regarding a blocked pathway—The informant, along with an Executive Magistrate and police, went to execute an order directing the removal of obstructions—The accused allegedly appeared with a dagger, intending to assault the informant and his brother but was apprehended by the police—He was charged under Sections 307 and 506 IPC—The prosecution examined 10 witnesses, while the defense examined none—The Sessions Court acquitted the accused, finding that the prosecution failed to prove intent or attempt to cause death beyond a reasonable doubt—Official witnesses, including the police officer an...
Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 378—Dishonour of cheque—Acquittal—In a case where a cheque was dishonoured due to "payment stopped by drawer," the Trial Court's acquittal of the accused was based on the findings that the reasons provided for stopping payment were valid—The Appellate Court, in its review, found itself in full agreement with the Trial Court's conclusions and reasoning—The Appellate Court did not need to re-write the judgment or provide additional reasoning when it concurred with the Trial Court's assessment—Consequently, the Appellate Court deemed the Trial Court's decision as just, legal, and proper—Given that the appellate review did not require alteration of the lower court's decisi...
Penal Code, 1860 (IPC)—Section 302, Section 304—Acquittal of the respondent, accused of murder under Section 302 of the IPC—The accused was found in a compromising position with Suguna, leading to her expulsion—The next day, during a Panchayat, the accused stabbed the deceased, Bhoomaiah, who had confronted him about ogling women present at the meeting—Eyewitnesses, PWs 3 to 6, testified to the incident—The trial court convicted the accused based on this testimony and the prompt FIR—However, the High Court acquitted him, citing inconsistencies in the motive and presence of witnesses—The Supreme Court found the eyewitnesses credible and upheld the prosecution's version—Nonetheless, it reduced the charge from murder to manslaughter under Section 304 Part I of the IPC, as the intent t...
Penal Code, 1860 (IPC)—Section 149, Section 201, Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 313—Caste-Based Atrocities and Acquittal: In a horrific incident, the accused, allegedly from the upper-caste Thakur community, brutally murdered seven individuals from the lower-caste Harijan community in a dacoity—The accused threw the victims, tied and shot, into the Ganges, concealing evidence—The trial court convicted 18 accused, sentencing them for murder, dacoity, and abduction—Shockingly, the High Court acquitted all accused—Justice Dalveer Bhandari, in dissent, highlighted the deep-rooted caste prejudices, urging the urgent abolition of the caste system for Rule of Law—The surviving witness, Kallu, vividly described the nightmarish incident—The judgment ...
Penal Code, 1860 (IPC)—Section 302, Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 154—Courts below referenced the accused's alleged absconding, relying on the Investigating Officer's casual search—However, conflicting evidence from PW. 7 suggests the accused were present at the incident site—Doubting the prosecution's claim of absconding, the Court sets aside the lower courts' judgments, leading to the appellants' acquittal. ...
Penal Code, 1860 (IPC)—Section 109, Section 120B—Criminal Procedure Code, 1973 (CrPC)—Sections 378 and 386—Acquittal, the Supreme Court held that if two views are possible, the appellate court should not ordinarily interfere with the judgment of acquittal—The case involved murder charges based on suspicion of practicing sorcery—The High Court had impermissibly used the case diary to verify statements of prosecution witnesses—The Court emphasized that the probative value of the case diary is limited, and its use as evidence is not allowed—The High Court's reversal of the acquittal and conviction under Section 302 read with Section 149 IPC, without a specific charge, was deemed legally unjustified—The appeal was allowed, setting aside the impugned judgment. ...
Penal Code, 1860 (IPC)—Section 302, Section 303, Section 304, Section 34—High Court reverses acquittal, asserting its authority to re-examine evidence—No cross-examination on the incident, but deceased's oral dying declaration implicates appellant—Appellant's chowki blow caused fatal injury—Trial Court's flawed evidence appreciation acknowledged—High Court rightly re-evaluates evidence—Appeal dismissed, but considering appellant's age, 26-year-old incident, and a single blow, sentence reduced to 5 years rigorous imprisonment. ...
Penal Code, 1860 (IPC)—Section 302—Constitution of India, 1950—Article 136—Arms Act, 1959—Section 27, Section 30—Evidence Act, 1872—Section 134—Criminal appeals against the acquittal of the accused by the Allahabad High Court—The incident, occurring on 24.05.1994, resulted in the deaths of Rajesh and Brijesh, sons of the complainant (PW-1)—The prosecution's case, supported by PW-1, PW-2, and PW-3, stated that an altercation at a petrol pump led to the accused shooting at PW-1 and his sons, causing their deaths—The trial court convicted all three accused, but the High Court acquitted them—The Supreme Court, considering the limited scope of appeals under Article 136, emphasized the importance of substantial and compelling reasons for interfering with acquittals&mdas...
Penal Code, 1860 (IPC)—Section 114, Section 302, Section 34—Convicted for murder with a fatal knife blow, appealed a Trial Court's conviction, which was upheld by the High Court—The appellant, having served over six years of the sentence, challenged the credibility of allegations involving multiple attackers—The court noted a pattern of such claims when injuries on the victim don't align with the accused count—Emphasizing the lack of sustainability in the High Court's order, the appeal was allowed, resulting in the appellant's acquittal—The judgment underscores the importance of coherence in allegations and highlights the appellant's endured sentence as a significant factor in the decision. ...
Penal Code, 1860 (IPC)—Section 114, Section 302, Section 324—Bombay Police Act, 1951—Section 135(1)—Criminal Procedure Code, 1973 (CrPC)—Section 378—Supreme Court, in an appeal against acquittal, upheld the High Court's judgment affirming the trial court's order of acquittal—The case involved the murder of Arunbhai, and the prosecution alleged that three accused, armed with weapons, attacked the deceased—The complainant, Arunbhai's mother, argued that the trial court failed to consider the evidence of eyewitnesses, leading to an erroneous acquittal—The Court cited the well-established principle that an appellate court should not interfere with an acquittal if the trial court's view is reasonable—While acknowledging the double presumption in favor of the accused, t...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302, Section 504—Criminal Procedure Code, 1973 (CrPC)—Section 161—Trial court acquitted them, but the High Court overturned the acquittal—The incident, dated 22.06.1996, alleges that the accused, as part of an unlawful assembly, murdered Malakari Sidda—The complainant, PW-5, initially filed the First Information Report—The main witness, PW-7 (13-14 years old), testified against the accused—The trial court disbelieved PW-7, citing inconsistencies, and acquitted the accused—The High Court reversed this decision, emphasizing the immaterial nature of contradictions and the child witness's credibility—The Supreme Court noted the High Court's duty to prevent a miscarriage of justice and upheld the conviction, addressing c...
Crimes Act, 1861—Section 380, Section 381, Section 382—Limitation Act, 1963—Article 114—Penal Code, 1860 (IPC)—Section 201, Section 302—Appellant, K—Ramachandran, challenged the revisional judgment of the High Court, which set aside the Trial Court's acquittal and directed reconsideration based on the existing evidence—Ramachandran was accused of murdering his wife, Nalini, in 1995—The prosecution claimed marital discord and mistreatment by Ramachandran.The Trial Court acquitted Ramachandran, questioning the evidence—The State Government filed a delayed appeal, but the High Court dismissed it—A revision by Nalini's father was admitted, but during the condonation of delay, the High Court wasn't informed about the pending revision.The Single Judge allowed the revi...
Penal Code, 1860 (IPC)—Section 304B—Evidence Act, 1872—Section 113B—Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal against acquittal—Full power of review with the High Court, whether the appeal is against conviction or acquittal—Presumption in favour of innocence strengthened by acquittal—Benefit of reasonable doubt retained in case of acquittal.Appreciation of evidence—Consideration of witness testimony as a whole, especially for ordinary witnesses from a less privileged background—Witnesses not expected to remember every detail, especially in the shock of a traumatic event.Dowry Death—Section 304B of IPC and Section 113B of the Evidence Act—Reversal of acquittal by the High Court justified—Dowry demands, cruelty, and torture leading to the tragi...
Prevention of Corruption Act, 1988—Section 13(1), Section 13(2)—Constitution of India, 1950—Article 136—Criminal Procedure Code, 1973 (CrPC)—Section 313—Challenge to a judgment of the High Court of Punjab and Haryana that reversed the acquittal of the respondent in a corruption case—The prosecution alleged that the respondent, a Junior Engineer with the Punjab State Electricity Board, demanded a bribe for approving an electric connection—The complainant and a friend reported the demand, and a trap was laid, resulting in the recovery of the bribe money—The High Court overturned the conviction, citing serious discrepancies in witness statements and the failure to establish the respondent's role in granting the connection—The Court emphasized the crucial testimony of a defense w...
Penal Code, 1860 (IPC)—Section 100, Section 101, Section 102, Section 148, Section 149, Section 302, Section 304, Section 307, Section 447, Section 506, Section 99—Criminal Procedure Code, 1973 (CrPC)—Section 107, Section 151—Evidence Act, 1872—Section 105, Section 110, Section 17, Section 21—In this case, four appellants challenged a judgment of the High Court setting aside a trial court's acquittal and convicting them for offenses related to a violent incident on a disputed piece of land—The prosecution's case involved allegations that the appellants, claiming ownership through land purchase deeds, attacked the deceased and his family members during a confrontation over land possession—The deceased and his family were in possession of the land, and a violent altercation ensued, res...
Penal Code, 1860 (IPC)—Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 313—Appeal arises from the acquittal of the accused-respondent by the Himachal Pradesh High Court in a murder case—The trial court had convicted the respondent under Section 302 of the Indian Penal Code, sentencing him to rigorous imprisonment for life—The prosecution's case was based on the eyewitness accounts of Gagnesh Kaushal (PW-1), Sanjiv Rana (PW-2), and Yash Pal (PW-3)—The High Court, citing discrepancies in their statements, acquitted the respondent—The Supreme Court, upon careful scrutiny, found the discrepancies were not substantial and that the evidence of the eyewitnesses was consistent—The plea of alibi was rejected, and the recovery of a blood-stained knife strengthened the case—The...
Criminal Procedure Code, 1973 (CrPC), S.176—Evidence Act, 1872, S.106—Penal Code, 1860 (IPC), S.302 | S.498A—Challenges a Karnataka High Court decision that overturned the acquittal of the accused, finding them guilty of offenses under Sections 498A and 302 of the Indian Penal Code—The case involved the suspicious death of the deceased in her matrimonial home—The High Court cited various factors overlooked by the trial court and emphasized the difficulty of proving crimes committed in secrecy—The appeal was dismissed, upholding the High Court's verdict. ...
Prevention of Corruption Act, 1988—Section 13(1), Section 13(2), Section 20, Section 7—Criminal Procedure Code, 1973 (CrPC)—Section 372, Section 417—Penal Code, 1860 (IPC)—Section 302, Section 323, Section 447—State appeals against the acquittal of the respondent in a corruption case—Trial court and High Court acquitted the respondent, finding prosecution version not credible—State contends that presumption under Section 20 of the Prevention of Corruption Act was not considered—Money recovery from respondent's almirah—Analysis of witness statements reveals contradictions—Legal clarification on the power of appellate courts in appeals against acquittals—No statutory restriction on the High Court's power to review and reverse acquittal—Presumption of innoc...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302, Section 326—Explosives Act, 1884—Section 9—Appeal challenges a Division Bench of the Orissa High Court's judgment acquitting thirteen respondents charged with offenses under Sections 302, 149, 148, and 326 of the Indian Penal Code and Section 9 of the Indian Explosive Act—The High Court discarded the dying declaration and eyewitness testimonies, citing party faction and lack of credibility—The State argued that the High Court unjustifiably rejected the eyewitness evidence without indicating any deficiency—The trial court had found the accused guilty based on detailed analysis and credible evidence—The Supreme Court held that the High Court, without specifying any flaws in the trial court's conclusions, erred in discarding ...
Penal Code, 1860 (IPC)—Sections 302/34 and 506/34—Murder and criminal intimidation—Acquittal by High Court—A witness who witnesses an attack on another by three persons armed is not supposed to go on counting number of assaults on parts of body where injuries were inflicted. No cross examination of any of eye-witnesses on the assault part. High Court was not justified in directing acquittal of A1 and A2. However, so far as A3 is concerned, High Court has indicated sufficient reasons for holding him not guilty. Same need no interference. But the reasons indicated for directing acquittal of A1 and A2 are not justified. Appeal partly allowed. ...
Negotiable Instruments Act, 1881—Section 118, Section 138, Section 20—Acquittal—The complainant appeals against the acquittal of the accused under 138 of the Negotiable Instruments Act, 1881, based on a judgment dated 24-3-2006 of the learned J.M.F.C., Panaji—The accused, Chairman and Managing Director of M/s. Bagi Packages Ltd., had dealings with M/s. Balaji Agencies, a proprietorship concern of Vijay M. S. Usgaonkar—The accused placed an order for supply of certain material and sent a cheque bearing No. 294434 as a token of security—The accused agreed to give a rotating credit limit of Rs. 5,00,000/- against the deposit of the undated cheque—The payment would be made within 15 to 30 days, with an interest of 21%—The complainant later informed the accused that the outstanding overdue was Rs...
Negotiable Instruments Act, 1881—Sections 138, 139—Dishonour of cheque—Acquittal—The appellant challenged the trial court's order of acquittal in a Section 138 Negotiable Instruments Act case, where the complaint against the respondent for dishonoring a cheque was dismissed—The trial court cited the lack of a legally recoverable debt and improper service of the statutory notice as key reasons for acquittal—The appellant argued that the respondent's failure to deny the cheque's issuance established the existence of a debt—He also contended that the notice was validly served to the respondent’s wife, corroborated by witness testimony—However, the respondent claimed that the cheque was issued as a security for a share transaction, not for an enforceable debt, and further dispu...
Prevention of Corruption Act, 1988—Section 11, Section 13(1),— Illegal gratification—Presumption against accused—Appellant, a military personnel and Surveyor, faced charges of corruption when a Mandal Revenue Officer (MRO) demanded money from a land buyer—The appellant allegedly intervened, negotiating the demanded amount—A trap ensued, resulting in the appellant's arrest—During trial, the Special Judge found inconsistencies, noting the unreliable complainant and irregularities in the trap proceedings—Despite the judge's detailed analysis leading to acquittal, the High Court reversed the decision, relying on Section 20 of the Prevention of Corruption Act—The Supreme Court, however, observed multiple anomalies, including the delay in filing the complaint, questionable trap ...
Penal Code, 1860 (IPC)—Section 376—Criminal Procedure Code, 1973 (CrPC)—Section 397, Section 401—Revisional powers, suo motu issued notice to the appellant, reappraised the evidence, and reversed the acquittal, reinstating the conviction—The Supreme Court held that the powers of the Revisional Court against private party acquittal are limited to addressing procedural irregularities or overlooked evidence—As no procedural irregularity was identified, the High Court was deemed unjustified in revising the acquittal—Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and reinstated the appellate court's acquittal—The appellant, on bail, is discharged from bail bond liability. ...
Penal Code, 1860 (IPC)—Section 300, Section 302, Section 304, Section 323, Section 324, Section 34, Section 506—Acquitted along with other accused in a murder case by the Sessions Judge—However, the High Court reversed the acquittal and convicted the appellant under Section 302 of the Indian Penal Code, sentencing him to life imprisonment—The appellant appealed, arguing that his conviction should be under a lesser offense, Section 304 Part II.The incident involved a quarrel over a bullock cart passing through the deceased's fields, resulting in the appellant striking the deceased with an axe, causing a depressed fracture of the skull—The medical evidence indicated internal injuries to the thorax as well—The court analyzed the facts, considering the absence of premeditation and motive, and concluded ...
Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 313—Penal Code, 1860 (IPC)—Section 302, Section 379, Section 397—Trial court acquitted him of the murder charge but found him guilty of the offense under Section 379 IPC, sentencing him to two years of rigorous imprisonment—The State appealed, and the High Court set aside the acquittal, sentencing the appellant to life imprisonment for murder and seven years for robbery.The prosecution relied on circumstantial evidence, including the victim's missing gold ornaments, the appellant's proximity to the crime scene, and his subsequent arrest—While some circumstances were established, inconsistencies in witness testimonies led the trial court to reject certain elements, emphasizing the lack of proof regarding the appellant's access to the c...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Penal Code, 1860 (IPC)—Section 201, Section 302, Section 376—Heard an appeal challenging the acquittal by the High Court of a respondent who had been convicted of murder, rape, and related offenses by the trial court—The case was based on circumstantial evidence, including the respondent being last seen with the victim, misleading statements by the accused, injuries on the accused matching the commission of the crime, and bloodstained clothes seized from the accused—The Court found that the prosecution had successfully proven these circumstances and held that the High Court's acquittal was perverse—While upholding the conviction, the Supreme Court commuted the death penalty to life imprisonment, stating that the extreme penalty was not justified...
Penal Code, 1860 (IPC)—Section 34—Considered an appeal challenging the acquittal of two accused individuals by the High Court in a case involving the death of one person and injuries to another—The trial court convicted the accused under various sections of the Indian Penal Code, but the High Court acquitted them, finding no common intention—The Court upheld the acquittal of the second accused, Kirtan Singh, noting the lack of evidence establishing shared intent—Regarding the third accused, Surendra @ Bablu, the Court accepted the High Court's reasoning, emphasizing the doctor's conflicting opinions on the nature of injuries—The appeal was dismissed, affirming the High Court's decision. ...
Penal Code, 1860 (IPC)—Section 302, Section 404—Criminal Procedure Code, 1973 (CrPC)—Section 378—Bombay High Court's judgment that reversed the Trial Court's acquittal and imposed a sentence of life imprisonment—The case involved the appellant confessing to the murder of his first wife, whose corpse was found in a well—The Trial Court acquitted the accused based on insufficiently analyzed circumstantial evidence—The High Court, however, thoroughly examined the evidence, including an extra-judicial confession, conduct of the accused, and discovery of blood-stained articles, finding the trial court's acquittal to be erroneous—The Supreme Court upheld the High Court's judgment, emphasizing the need for proper analysis in such cases and dismissing the appeal. ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 15, Section 50—State filed an appeal against the acquittal of four accused persons, including the deceased Hari Saran, in a case involving the transportation of poppy husk—The Sessions Judge had acquitted them, and the Division Bench of the High Court rejected the appeal, citing non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act—The Supreme Court, noting that the High Court did not consider the legal issues correctly, remanded the matter for reconsideration—The court directed a fresh hearing, including notices to all respondents, and emphasized the need for a proper opportunity for both parties—The appeal was disposed of accordingly. ...
Penal Code, 1860 (IPC)—Section 302—Evidence Act, 1872—Section 11—Criminal Procedure Code, 1973 (CrPC)—Section 156—In a murder case, the defective investigation cannot be a ground for acquittal when the direct testimony of eye-witnesses is corroborated by medical evidence, fully establishing the prosecution's version—The ocular evidence's credibility remains intact, notwithstanding hypothetical questions or abstract opinions on digestion time—The inconsistency between ocular and medical evidence does not automatically undermine the former; only when wholly inconsistent should the court assess its impact—Defects in investigation, if any, do not warrant acquittal, requiring circumspection in evidence evaluation—The delay in lodging the FIR, non-sending of the weapon for ball...
Criminal Procedure Code, 1973 (CrPC)—Section 175—Penal Code, 1860 (IPC)—Section 148, Section 302, Section 34—Legal document related to a criminal appeal—The document discusses the background, facts, and legal proceedings of a case in which the State of Punjab has appealed against the acquittal of the respondents in a murder case—The prosecution's case involves the murder of five individuals, including family members, allegedly due to a dispute over property inheritance—The text details the arguments made by the prosecution, the evidence presented, and the judgments of the trial court and the High Court—Ultimately, the High Court acquitted the respondents, and the Supreme Court, in this appeal, upholds the acquittal, finding the High Court's view reasonable and supported by the eviden...
Negotiable Instruments Act, 1881 (NI) - Section 138, Section 139—Acquittal—In this appeal, the complainant challenges the acquittal of the respondent in a case under Section 138 of the Negotiable Instruments Act, 1881, for the dishonor of a cheque—The complainant claims that the accused issued a cheque for Rs—24,400 towards a debt arising from the joint business of two lorries, Angala Easwari and Santhi, run by the accused and his brother—However, the trial court found that there was insufficient evidence to prove the existence of a legally enforceable debt, noting that the complainant failed to establish a joint business or debt due from the accused—The trial court also ruled that the statutory notice was not properly served, as it was returned unclaimed, and there was no evidence of deliberate evasion...
Criminal Procedure Code, 1973 (CrPC)—Section 378—Decision overturning the acquittal of the appellant, accused of murdering her husband—The prosecution argued the appellant killed her husband due to dissatisfaction with their lifestyle—The trial court found the evidence insufficient to prove guilt, emphasizing the doubtful nature of the wife's nighttime visit to the husband's sleeping place—The High Court's reversal was deemed erroneous, as it relied on assumptions rather than concrete evidence, and the entire prosecution story appeared artificial—The appeal was allowed, the conviction set aside, and the order of acquittal restored—The appellant's bail bond was discharged. ...
Criminal Procedure Code, 1973 (CrPC)—Section 377, Section 378, Section 385, Section 386, Section 423(1)—Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal when the trial court records are not available—The accused faced charges under Section 302 read with Section 34 of the Indian Penal Code for the murder of Shakuntla Devi. The trial court records were destroyed in a fire, and the High Court, finding reconstruction impractical, directed acquittal—The Supreme Court held that, in such cases, the proper course is to order reconstruction, either by the Sessions Judge or the High Court itself—If reconstruction is impossible, retrial may be directed, and acquittal should be the last resort—The matter was remitted back for fresh consideration. ...
Penal Code, 1860 (IPC)—Section 302, Section 307, Section 34, Section 460—Acquittal of the respondents by the Rajasthan High Court—The respondents were initially convicted of offenses under various sections of the Indian Penal Code, including murder—The prosecution's case was based on the testimony of Prithvi, an injured witness, and circumstantial evidence—The High Court, however, acquitted the respondents, primarily questioning the credibility of Prithvi's testimony—Prithvi, a 13-year-old at the time of the incident, had sustained serious injuries—The High Court found fault with the Investigating Officer's handling of the case, including the delay in recording Prithvi's statement and alleged inconsistencies—The Supreme Court, in its evaluation, criticizes the High Court'...
Penal Code, 1860 (IPC)—Section 300—Criminal Procedure Code, 1973 (CrPC)—Section 174,154,157—Acquittal of three accused persons in a murder case, the High Court, relying on weak grounds, had reversed the trial court's conviction—The Supreme Court, after careful consideration, found the High Court's reasoning untenable and bordering on perverse appreciation of evidence—The prosecution had established the guilt of Raja Ram and Pappu @ Raj Kumar for causing the death of Mota Ram, while serious doubts existed regarding Hari Padam's involvement—The Court set aside the acquittal, convicted Raja Ram and Pappu @ Raj Kumar under Section 302 read with Section 34 of the IPC, sentencing them to life imprisonment, and acquitted Hari Padam of all charges. ...
Penal Code, 1860 (IPC)—Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 154—Acquittal—Appellant and six others were charged with offenses under Section 302, 395, 396, and 397 of the Indian Penal Code—The courts below relied on the evidence of PW 48, an eyewitness, to establish the appellant's role in the incident—There is no legal principle barring reliance on the testimony of a single witness if it is deemed reliable—The absence of the appellant's name in the FIR does not undermine the prosecution's case—The High Court correctly noted the provocation by the deceased's family—The State's appeals for sentence enhancement are dismissed. ...
Penal Code, 1860 (IPC)—Section 148, Section 302, Section 307, Section 324, Section 34, Section 392, Section 394, Section 411, Section 300—Acquittal—Murder—Case where the accused were alleged to have fired shots at the deceased party sitting in a jeep, the court noted discrepancies in the evidence—Medical evidence showed that the victims sustained injuries on their back, contradicting the prosecution's claim of shots fired from the front side—The Investigating Officer found no hole on the front seat of the jeep—Injuries attributed to a hard and blunt object were questionable as the accused were carrying only guns—Two eyewitnesses were declared hostile, and the remaining two were deemed unreliable—The grounds for showing motive seemed more like grounds for false implication—Con...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 307—Acquittal of accused persons charged under various sections of the Indian Penal Code—The trial court had sentenced each accused to different terms of rigorous imprisonment, but the High Court overturned the decision—The High Court criticized the inclusion of accused names in the FIR, noting that it was written after the police arrived, based on a list supplied by the inspector—Additionally, the test identification parade was found to be flawed—The High Court held that there was no evidence establishing who snatched the watch, and the arrest of one accused was deemed illegal—The court concluded that the accused did not form an unlawful assembly, and constructive liability under Section 149 IPC did not apply—Citing precedents, the Hi...
Penal Code, 1860 (IPC)—Section 302, Section 307—Acquittal of two accused-respondents charged under Sections 302, 307, and 352 of the IPC—The incident arose from a land dispute resulting in injuries on both sides—The High Court, upon thorough consideration, acquitted the accused-respondents, citing 13 circumstances discrediting the prosecution's case, including a significant omission in the FIR regarding the death of a person—The High Court highlighted delayed disclosure of crucial details by prosecution witnesses—The Supreme Court, after reviewing the judgments and considering arguments, found the High Court's inferences reasonable and no errors of law—Declining interference, the Court dismissed the appeal, maintaining the acquittal and canceling the bail bonds of the accused-respondents. ...
Criminal Procedure Code, 1973 (CrPC)—Section 433—Commutation of sentence—Appeal—Acquittal—Two appellants were initially acquitted by the Sessions Judge for various charges, including murder, under the Indian Penal Code—The High Court, on the State's appeal, upheld the acquittal for three co-accused but reversed it for the appellants, sentencing them to life imprisonment—The prosecution's case involved a land dispute, an altercation, and a subsequent attack resulting in the death of Om Pal—The defense argued that the High Court erred in reversing the acquittal based on mere possibility and that the trial court's conclusions were reasonable—Additionally, the age and health of appellant No. 1 (Dila), who was over 80 years old, were highlighted—The Supreme Court examined ...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302—Private defence —Acquittal—State of Haryana challenges the Punjab & Haryana High Court's acquittal of respondents 1 to 9 in a case involving charges under Section 302 IPC read with Section 149—The incident, occurring on 23rd July 1983, resulted in the murder of Bhim Singh and injuries to others during a land dispute—The trial court convicted 12 accused, sentencing them to life imprisonment—The High Court, differing on the possession of the land, modified the conviction of the 10th respondent, Dalel Singh, to Section 304 Part I IPC—The appeal contends the High Court erred in overturning the trial court's findings—While upholding the acquittal of most respondents, the Supreme Court finds that respondent No. 1, ...
Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal—Accused Nos. 2 and 3 were initially acquitted by the Sessions Judge but later convicted by the High Court in a murder case—The victim, Bhupatsinh, was allegedly attacked by all three accused with weapons—The Trial Judge acquitted accused Nos. 2 and 3 based on variations in witness testimonies and blood group analysis—The High Court reversed the acquittal, citing the Trial Judge's failure to consider crucial evidence and the erroneous reasoning—The High Court emphasized the presence of human blood on weapons, discrepancies in the Trial Judge's observations, and the collective assault by all accused—The Supreme Court held that the Trial Judge's findings were manifestly erroneous, lacked proper reasoning, and ignored vital evi...
Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal - Trial court in the murder case of Nadia Venkat Reddi—The State appealed to the High Court, seeking leave to file an appeal, but it was denied mainly due to the absence of evidence regarding the alleged use of chilly powder—The Supreme Court observed that discrepancies highlighted by the trial court did not outweigh the consistent evidence of witnesses implicating the accused—The Court expressed dissatisfaction with the High Court's refusal to grant leave, emphasizing that the critical aspects were not appropriately addressed—The Supreme Court set aside the High Court's order, reinstating the appeal and remitting the matter for fresh consideration—The Court clarified that it had not expressed any view on the meri...
Penal Code, 1860 (IPC)—Section 120B, Section 302—Delay in examining witnesses is not fatal if reasonably explained—The credibility of the prosecution version does not solely hinge on the timing of witness examination—Circumstantial evidence is admissible for conviction, and guilt can be inferred when all incriminating facts rule out the accused's innocence or others' guilt—Conditions precedent for circumstantial evidence-based conviction include conclusiveness, consistency with the accused's guilt, exclusion of alternative hypotheses, and a complete chain of evidence—A one-day delay in dispatching an FIR due to road closures from heavy rains is not considered unusual—In appeals against acquittal, a view favoring the accused must be accepted if two views are possible, but if relevant ma...
Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—Trial court's acquittal and convicting the appellants under Section 302 read with Section 34 IPC, sentencing them to life imprisonment—The prosecution alleged that the appellants attacked the deceased over a property dispute, causing his death—The trial court, noting infirmities, acquitted the appellants—The High Court, disagreeing with the trial court's reasons, convicted the appellants—The defense argued that the High Court erred in disturbing the acquittal, misapplied Section 34 IPC, and overlooked contradictions in witness testimonies—The Supreme Court found the High Court's interference unjustified, highlighting flaws in motive, identification, and the prosecution's failure to establish common intent...
Penal Code, 1860 (IPC)—Section 302, - Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—An appeal against the conviction of the appellants under Section 304 Part-II of the Indian Penal Code, involving the death of Vidya Rani—The prosecution claimed that the appellants, associated with a dera, brutally treated Vidya Rani for possession by evil spirits, resulting in her death—The trial court acquitted the appellants, citing unreliable evidence from the sole eyewitness, PW-2 Ram Charan, and other inconsistencies—The High Court reversed the acquittal, finding fault with the trial court's reasoning—The Supreme Court, however, set aside the High Court's judgment, reinstating the trial court's acquittal—The decision emphasizes the importance of respectin...
Criminal Procedure Code, 1973 (CrPC)—Section 423, Section 423(4),—Revision—Acquittal by the 3rd Additional Sessions Judge—The High Court, in a revisional application, criticized the Sessions Judge's reasoning as improper and justifiable, directing a fresh judgment with proper judicial consideration—The High Court's departure from the norm, directing a retrial, is contested—The Sessions Judge's judgment, particularly paragraph 30, was deemed satisfactory by the appellant—The Supreme Court, citing precedents, emphasized the limited scope of revisional jurisdiction and discretion under Section 401 of the Criminal Procedure Code—The Court noted that the High Court exceeded its jurisdiction by setting aside the acquittal—The unusual direction for a fresh judgment, despite opport...
Penal Code, 1860 (IPC)—Section 109, Section 120B, Section 302,—Appeal—Acquittal —Appellants Farooq and Sathar challenged their convictions and death sentences for their involvement in an explosive attack resulting in the death of a prisoner—The Supreme Court partially allowed the appeal, commuting the death sentences to life imprisonment, citing that the case did not meet the criteria of being the "rarest of rare." Appellants Ayoob and Hashim were acquitted due to unreliable witness identification—In Criminal Appeal Nos. 1049-50 of 2001, the State appealed the acquittal of Manaf and Sulaiman, but the Supreme Court upheld the High Court's decision, finding no infirmity or perversity in the acquittal—The court directed the release of acquitted appellants and dismissed the State...
Penal Code, 1860 (IPC)—Section 302, Section 34, Section 376—Appeal—Acquittal—Shambhu and his wife Sadhna Bai were initially acquitted by the Sessions Court in Madhya Pradesh on charges of murder and rape—However, the High Court reversed the acquittal, finding Shambhu guilty of causing the death of Sunder Bai—The prosecution claimed that Shambhu raped Sunder Bai and set her on fire following a dispute over Rs. 1,000—The High Court primarily relied on the dying declaration recorded by an Executive Magistrate—The appellant challenged the High Court's decision, arguing that it erred in reversing the acquittal and that the evidence was insufficient—The Supreme Court upheld the High Court's decision, emphasizing that the dying declaration was credible and that there was corroborating...
Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 378—Penal Code, 1860 (IPC)—Section 114, Section 154, Section 162, Section 302, Section 417, Section 504—Prosecution asserted that on March 27, 1989, the appellant, armed with a Dharia, assaulted the deceased Abdul Karim Ali Mohamed at a tea stall, causing fatal injuries—The trial court cited various reasons for acquittal, including issues with the First Information Report and doubts about the weapon's identity—The High Court, however, found these concerns to be insignificant and upheld the conviction—Emphasizing the recovery of the murder weapon stained with the victim's blood, the High Court concluded that the trial court's reliance on minor discrepancies was unwarranted—The appeal, challenging the High Court's jurisd...
Evidence Act, 1872—Section 138—Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal—Accused of murder and Arms Act offences—The High Court's alleged erroneous approach in assessing the evidence and points of law is contested, asserting that the conclusions were based on conjectures, not facts—The prosecution argues that it proved the case beyond reasonable doubt and accuses the High Court of substituting its opinion for the medical expert's—The case involves the tragic deaths of two sons of a witness in a prior murder case—The trial court convicted the respondents, but the High Court acquitted them—The Supreme Court holds that the High Court's findings are flawed, as it improperly rejected eyewitness testimony and ignored credible evidence—Consequently, the ...
Criminal Procedure Code, 1973 (CrPC) - Section 145, Section 161, Section 423(1), Section 428—Evidence Act, 1872 - Section 145, Section 157—Penal Code, 1860 (IPC) - Section 149, Section 302, Section 304, Section 323, Section 34—Acquittal—The judgment examines the scope and extent of the High Court’s power in an appeal against an acquittal—It underscores the principle that an appellate court should be cautious while reviewing an acquittal and should only interfere in exceptional cases where there are substantial and compelling reasons—The judgment emphasizes that the appellate court cannot re-evaluate the evidence unless there is a manifest error in appreciation of the facts or law—It further discusses the legal principle of common intention under Section 34 of the Indian Penal Code (IPC), whi...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 18, Section 50, Section 8—Acquittal in Narcotics—The prosecution alleged that the appellant was found in possession of opium during a police check on a train. However, the appellant's counsel argued that key witnesses did not support the prosecution, and procedural lapses, including issues with sealing and documentation, raised doubts about the authenticity of the evidence. The court, after considering the arguments, found merit in the appellant's contentions. It highlighted discrepancies in the sealing process, questioned the authenticity of documents, and concluded that the prosecution failed to prove the appellant's possession of opium beyond reasonable doubt. Consequently, the court allowed the appeal, set aside the conviction and sentenc...
Criminal Procedure Code, 1973 (CrPC)—Section 313—Appeals, the Supreme Court considered the challenge to the High Court's judgment acquitting the respondents, who were initially convicted by the trial court for offenses under Sections 147, 148, 323/149, 324/149, and 302/149 of the Indian Penal Code—The prosecution alleged that the respondents, forming an unlawful assembly, caused the murder of Thakershi Anand Ji and injuries to other witnesses.The court noted that the High Court's reasons for acquittal were neither perverse nor unreasonable—Additionally, it highlighted certain circumstances indicating that the prosecution did not come to court with clean hands—The court pointed out inconsistencies in the statements of injured witnesses, raising doubts about the truthfulness of the prosecution's cas...
Forest Act, 1927—Section 33—Penal Code, 1860 (IPC)—Section 120B, Section 218—Acquittals by the High Court in three cases involving timber plundering conspiracies on government lands—Officials and private individuals were implicated, with some accused officials deceased during trial—The High Court acquitted all based on alleged valid demarcations by officials—However, the Supreme Court found the High Court's approach flawed, emphasizing the need to establish conspiracy before assessing the validity of demarcations—Quoting legal precedents, the Court mandated a fresh examination of the evidence by the High Court, refraining from influencing its proceedings—The Court also addressed potential arguments regarding double jeopardy, leaving them open for consideration—The accused rem...
Criminal Procedure Code, 1973 (CrPC)—Section—313—Acquittal Upheld: Lack of Evidence Establishing Government Company Status—The State of Karnataka appeals against the acquittal of the respondent on charges under the Prevention of Corruption Act, 1947, and sections 420 and 471 of the Indian Penal Code—The respondent, a hotel employee, allegedly submitted false medical reimbursement claims for his son's treatment—The High Court acquitted him, citing insufficient evidence to establish the hotel's affiliation with a government company, a prerequisite for the respondent to be considered a public servant under Section 21 of the IPC—Despite efforts to establish this connection, including testimony from a hotel manager, no evidence definitively proved the government company status—Consequentl...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 21, Section 29—Acquittal of two accused and convicted them based on evidence—The accused alleged coercion in their statements, but the court found no evidence of it—The defense's contention of procedural violations was dismissed due to lack of evidence—While one accused's statement incriminated him, another's lacked sufficient evidence for conviction—Attempting to apply a new provision not part of the original charge was deemed unfair—Consequently, one appeal was allowed, setting aside the conviction, while the other was dismissed. ...
Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, challenging the Rajasthan High Court's judgment that overturned the District & Sessions Judge's acquittal order—The accused were convicted under Section 302/34 of the IPC for fatally assaulting the deceased—The prosecution alleged a prior dispute between the deceased and one of the accused—The trial court acquitted the accused, questioning the credibility of key eyewitnesses (PWs 6 and 7)—The High Court, upon review, found the trial court's analysis flawed, deeming PWs 6 and 7 credible—The Supreme Court concurred, asserting the trial court's conclusions were based on conjecture—It affirmed the High Court's decision, up...
The State appeals an acquittal by the Andhra Pradesh High Court—Reviewing evidence, discrepancies between the FIR and court testimony of the prosecutrix, and lack of medical support, the Supreme Court finds the High Court's view reasonable—The acquittal stands, and the appeal is dismissed—The respondent's bail bonds are discharged. ...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section—18, 50(4)—Order of acquittal—Respondent, Surinder Rani, was acquitted by the trial court—The State sought leave to file an appeal, but the High Court declined—The Supreme Court upheld the order of acquittal based on a crucial defect in the search conducted by Sub-Inspector Gurdip Singh—Section 50(4) of the Act mandates that no female shall be searched by anyone except a female—In this case, the search conducted by the male Sub-Inspector violated this requirement, as no female was present at the time of the search—Despite the presence of female constables an hour later, the search was deemed vitiated, leading to the dismissal of the appeal. ...
Penal Code, 1860 (IPC)—Section 302, Section 34—Appeal Against Acquittal—Dying Declaration and Eyewitness Testimony—Gross Error by High Court—In an appeal against acquittal, the Supreme Court set aside the High Court's order that had acquitted the respondents of murder charges—The trial court had convicted them based on a dying declaration of the deceased, recorded by a Magistrate in the presence of a Doctor—The High Court, in error, excluded the dying declaration and dismissed the credibility of two eyewitnesses who vividly described the incident—The Supreme Court held that the dying declaration, found voluntary and truthful, could form the sole basis of conviction without corroboration—Additionally, the eyewitnesses' testimony was deemed wrongly discarded—Consequently, t...
Penal Code, 1860 (IPC)—Section 307, Section 452—Testimonies of two witnesses who were injured during the incident—Despite the acquittal of other accused due to doubts about their involvement, the appellant's conviction was upheld by the High Court upon reevaluation of the evidence—The Supreme Court, after reviewing the judgments of the lower courts, found no reason to disagree with the findings regarding the appellant's involvement in the attack—Therefore, the appeal was dismissed, and the appellant, who was on bail pending appeal, was directed to surrender immediately to serve the remaining sentence. ...
Penal Code, 1860 (IPC)—Section 363, Section 366, Section 368, Section 376—Criminal Appeal—Conviction and Acquittal—Prosecutrix allegedly abducted and raped—Appellant convicted under IPC sections 363, 366, and 376—High Court acquitted co-accused, upheld appellant's conviction—Appeal challenged High Court's decision—Prosecutrix's age below 18 at the time confirmed—Appellant convicted under section 363 for kidnapping, as he took her away from lawful guardianship—Lack of conclusive evidence for section 366 conviction, acquitted—Prosecutrix's conduct deemed consensual, section 376 conviction unsustainable—Medical evidence lacked injuries supporting forced intercourse—Prosecutrix had opportunity to escape and seek help—Physical restraint not esta...
Juvenile Justice Act, 1986—Section 38—Penal Code, 1860 (IPC)—Section 302, Section 34—High Court interfered with the acquittal of the three appellants despite finding no perversity in the trial court's order—The trial court's reasons for acquittal were deemed substantial and based on a proper appreciation of evidence—Therefore, the High Court's decision to overturn the acquittal merely because a different view of the evidence could be taken was unwarranted—Consequently, the appeals were allowed, the impugned judgment of the High Court was set aside, and the three appellants were acquitted—As the judgment was based on an overall consideration of the prosecution case, the benefit of the acquittal extended to the other two accused, Durga Dais and Pawan Kumar, even though they did not...
Penal Code, 1860 (IPC)—Section 109, Section 120B, Section 143, Section 147—Criminal Procedure Code, 1973 (CrPC)—Section 379—Scrutiny in appeals against acquittals mirrors that of convictions—Where trial court's approach is patently illegal or conclusions are untenable, appellate intervention is justified—Yet, mere non-compliance doesn't warrant setting aside the appellate judgment—The reviewing court must ascertain if trial court's approach was illegal or conclusions unsustainable, and if appellate judgment rectifies these flaws—If trial court's judgment is sound, appellate interference lacks justification, as the presumption favors the acquittal—Thus, appellate judgment stands unless trial court's judgment is demonstrably flawed, ensuring justice prevails in the fa...
Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal of four accused in a murder case by the Allahabad High Court—The trial court had convicted them under Section 302 read with Section 34 of the Indian Penal Code, sentencing them to life imprisonment—The High Court's reasons for discarding the testimony of the principal witnesses, PW1 and PW2, were deemed insufficient—Upon examination of the evidence from various angles, the trial court found PW1's testimony reliable, with no indication of falsehood—The prompt reporting of the incident to the police by PW1 further reinforced the credibility of his account—Consequently, the High Court's decision to acquit the accused was deemed unjust and unsupported—The appeal was allowed, reinstating the conviction of the accused. ...
Penal Code, 1860 (IPC)—Section 302—Acquittal upheld by Supreme Court—High Court's rejection of key eyewitness testimony deemed justified—Numerous infirmities in witness evidence observed—Conviction overturned—State's appeal dismissed. ...
Penal Code, 1860 (IPC)—Section 302, Section 323, Section 34—Acquittal, considering probable self-defense and the accused not appearing to be the aggressor—Notably, the injuries sustained by the accused were unexplained, and the defense version seemed more plausible—The Court highlighted the lack of evidence proving the respondents as aggressors, particularly as all eyewitnesses were close relatives of the deceased—Consequently, the High Court accepted the defense version, leading to acquittal—Upon review, the Supreme Court found no unreasonable grounds for interference, acknowledging the reasonableness of the High Court's decision—However, it noted an erroneous observation by the High Court regarding the applicability of Section 323, IPC, over Section 302, IPC, based on the evidence. ...
Prevention of Food Adulteration Act, 1954—Section 16(1)—Overturned the trial court's acquittal, emphasizing the duty of the accused to protest if sampling containers were unclean—However, as contradictions in witness testimony cast doubt on the proper sampling procedure, the Supreme Court reinstated the acquittal, emphasizing that doubts should favor the accused.Sentencing and Fine Adjustment: In Criminal Appeal Nos. 61 and ... of 1986, the appellants were convicted for selling adulterated mustard oil—While slight deviations in saponification values were observed, no health-threatening impurities were found—The court, considering the appellants' financial and mental hardships during prolonged litigation, reduced the sentences to time served—However, fines were increased to Rs. 5000 and Rs. 10,00...
Evidence Act, 1872—Section 3, Section 5, Section 55, Section 6, Section 61, Section 62—Foreign Exchange Regulation Act, 1973—Section 56, Section 8(1)—Penal Code, 1860 (IPC)—Section 107, Section 120B—Prevention of Corruption Act, 1988—Section 12, Section 13(1)(2), Section 7—Criminal Procedure Code, 1973 (CrPC)—Section 482—Criminal Conspiracy and Evidence Act Interpretation: In a criminal conspiracy case, acquittal of one accused affects liability of remaining accused, as conspiracy requires two parties—Regarding Section 34 of the Evidence Act, 'books' refer to bound collections of sheets, not loose papers—Spiral notebooks qualify as 'books,' but loose sheets do not—'Regularly kept' books imply consistent, systematic recording, regardless o...
Penal Code, 1860 (IPC)—Section 396, Section 412—Acquittal Upheld in Dacoity Case—State and the informant appealed against the Allahabad High Court's acquittal of six respondents in a dacoity case—The prosecution alleged the dacoits caused injuries, resulting in six deaths—However, the High Court found discrepancies in witness testimonies regarding identification and recovery of stolen articles—The court doubted the credibility of the prosecution witnesses due to delayed disclosure of names and inconsistent statements—Additionally, inconsistencies were found in the evidence of identification parades—The Supreme Court affirmed the High Court's decision, noting the lack of reliability in witness testimonies and the presence of infirmities in identification evidence—Thus, the acqui...
Penal Code, 1860 (IPC)—Section 149, Section 302—Acquittal—Thakur Singh and Om Prakash, were convicted under Section 302 read with Section 149 IPC and sentenced to life imprisonment and 5 years respectively, along with a conviction under Section 27 of the Arms Act—Their appeals were dismissed, and they were ordered to surrender—However, Sheo Dutt Mishra's appeal was allowed as he was deemed to be a laborer without shared common intention, and he was acquitted of all charges—Consequently, Suresh Mehto, who also did not file an appeal, received the same benefit, and his conviction and sentence were set aside—The order was sent to the VIth Additional Sessions Judge, Patna, for communication to the relevant Jail Superintendent regarding Suresh Mehto's status. ...
Penal Code, 1860 (IPC)—Section 148, Section 149—Trial court under various sections of the Indian Penal Code (IPC) for their involvement in a murder case—However, on appeal, the High Court acquitted one of the accused and modified the convictions of the remaining appellants to Section 304, Part I of the IPC, considering the altercation preceding the crime—The appellants challenged this decision, arguing lack of strong motive and disputing their individual roles—The Court upheld the High Court's decision, stating that the evidence presented by the prosecution sufficiently proved the appellants' involvement in causing fatal injuries—It rejected claims of absence or limited participation, affirming the convictions under Section 304, Part I of the IPC—Additionally, the Court dismissed the compl...
Criminal Procedure Code, 1973 (CrPC)—Section 386—Acquittal of accused Nos. 2 and 3 in a murder case before the Punjab and Haryana High Court—The accused were acquitted as they were found not to have directly participated in the murder and lacked intention to cause death—While their conviction for other offences was affirmed, the High Court ruled that Section 34 of the Indian Penal Code wasn't applicable to them—After reviewing the evidence and the High Court's reasoning, the Supreme Court found no grounds to interfere with the acquittal—A special leave petition filed against the acquittal was also dismissed—The Court clarified that it didn't consider the case of the other accused, Satpal, as it wasn't necessary for the disposition of the appeal and special leave petition. ...
Penal Code, 1860 (IPC)—Section 366—Abduction—Acquittal in abduction case—State v—Shyam & Suresh (1984)—In a case of alleged abduction under IPC section 366, the Supreme Court acquitted the appellants, Shyam and Suresh, finding the prosecutrix's testimony unreliable—Despite initial findings of unlawful guardianship breach, the Court reasoned that the prosecutrix, Lalita, appeared complicit in accompanying Shyam, denying coercion—Noting inconsistencies in her testimony and circumstances, including her age and awareness, the Court deemed her involvement voluntary—Observing the lack of force or resistance, the Court concluded insufficient evidence to establish abduction, leading to the appellants' acquittal—The ruling highlights the necessity for credible evidence and con...
Penal Code, 1860 (IPC)—Section 100, Section 302—Acquittal of a police officer accused of murdering two colleagues—The incident occurred in 1976, resulting in the death of an Assistant Sub-Inspector and a constable—Despite evidence of the shooting, the High Court acquitted the officer based on a claim of self-defense—The Court, while acknowledging the shocking nature of the incident, upholds the acquittal, finding no palpable error in the High Court's decision—However, it criticizes the government's decision to reinstate and promote the officer while the appeal was pending, highlighting the need for adherence to proper procedures—The Court orders the officer to deposit a sum of Rs. 5 lakhs to be distributed to the victims' families. ...
Criminal Procedure Code, 1973 (CrPC)—Section 376—Nain Singh and Ram Kumar, were convicted by the High Court for custodial rape, overturning their acquittal by the Court of Session—The incident involved the forcible abduction of the prosecutrix and her husband by the appellants, who were police officers—Nain Singh raped the prosecutrix while Ram Kumar, despite hearing her screams, failed to intervene—The Supreme Court upheld the High Court's decision, emphasizing the consistency of Ram Kumar's conduct in aiding and abetting the crime—The prosecutrix's testimony, corroborated by witnesses and medical evidence, was deemed reliable—The Court rejected Ram Kumar's argument that he couldn't anticipate Nain Singh's actions, stating that his conduct demonstrated complicity—The...
Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal order, challenging the overturning of their conviction for murder under Sections 302 and 34 of the Indian Penal Code—The prosecution asserted that the appellants, in pursuit of a long-standing feud with the deceased, assaulted and murdered him in broad daylight—Eyewitnesses, including the deceased's widow and son, testified to the incident—The trial court convicted the appellants based on this testimony and other corroborating evidence—However, the High Court overturned the conviction, citing lack of corroboration by independent witnesses, discrepancies in testimony, and suspicion surrounding the first information report (FIR)—The Supreme Court analyzed the evidence and concluded that the High Court failed to properly evaluate it—I...
Prevention of Corruption Act, 1947—Section 2, Section 5(1)—Penal Code, 1860 (IPC)—Section 109, Section 120B, Section 162, Section 163—Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 162—Acquittal of numerous accused individuals in a case involving conspiracy and financial wrongdoing against the Corporation of Madras—The accused, mostly employed by the Corporation, allegedly conspired to fabricate muster rolls, causing financial losses through misappropriation—Key witnesses, including approvers and various departmental staff, testified to the fraudulent activities—The prosecution presented evidence of forged vouchers and the acquisition of properties by some accused during the relevant period—The procedure for expenditure within the Corporation's departments was outl...
Penal Code, 1860 (IPC)—Section 376—Acquittal of two respondents charged with various offenses including rape under Sections 366, 366A, and 376 of the IPC—The prosecution alleged that respondent No. 1 kidnapped Bhagyamma with the intent of sexual assault, which was carried out by both respondents—The High Court acquitted the respondents, suggesting Bhagyamma's elopement—However, the Supreme Court found respondent No. 1 guilty of rape despite Bhagyamma's presumed age above 16. The Court reasoned that her silence and subsequent objection indicated non-consent—Considering the absence of a minimum sentence at the time of the offense, the Court sentenced respondent No. 1 to the imprisonment already served, about three years. Respondent No. 2's acquittal was upheld due to Bhagyamma's subsequent...
Penal Code, 1860 (IPC)—Section 201, Section 302—Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970—Section 2A—High Court for offenses under Sections 302 and 201 of the Indian Penal Code (IPC), overturning their acquittal by the trial court—The prosecution alleged that the appellants, along with others, conspired to kill the deceased due to longstanding enmity—The deceased was shot and attacked with weapons near a temple in the village—Key witnesses, including P.Ws—2 and 3, provided detailed and consistent testimony corroborated by medical evidence—However, the trial court had erroneously rejected their evidence—The High Court correctly assessed the evidence, affirming the conviction of the appellants—A fourth accused (A-4) was acquitted due to doubts r...
Penal Code, 1860 (IPC)—Section 120B, Section 218, Section 409—Acquittal—Accused 3 in a case involving conspiracy and corruption charges, appealed against his conviction—The prosecution alleged alterations made by the appellant to a receipt as evidence of his involvement—However, the court found insufficient evidence to establish his guilt beyond reasonable doubt—While admonishing the appellant for irregularities, the court upheld his conviction only for making alterations without satisfactory explanation—It barred his reinstatement but allowed him pensionary benefits earned until suspension—The judgment emphasized the importance of evidence in establishing guilt and underscored the responsibility of public servants—The court concluded by disposing of the appeal with modifications to th...
Penal Code, 1860 (IPC)—Section 34—Acquittal of two accused in a murder case, finding their guilt proven beyond reasonable doubt—The incident occurred on March 6, 1973, resulting in the death of Narendra Singh—Despite suspicions, the trial court acquitted the accused due to discrepancies in witness testimonies and circumstantial evidence—However, the High Court overturns the acquittal, deeming the trial court's findings unreasonable and against the weight of evidence—It upholds eyewitness accounts, finding them consistent with medical evidence—The conduct of the informant, Gopi Singh, in lodging the First Information Report and procuring paper, is deemed reasonable—The Supreme Court, after reviewing arguments from both sides, affirms the High Court's judgment, dismissing the appeal an...
Penal Code, 1860 (IPC)—Section 395, Section 397—High Court relied on eyewitness testimony and recovery of stolen items to overturn the trial court's acquittal—However, the Supreme Court found the identification of the accused during the dacoity doubtful due to insufficient opportunity and lighting conditions—While the recoveries were acknowledged, the lapse of time between the dacoity and arrests undermined the presumption of guilt—Consequently, the appellants were convicted only for possession of stolen property under Section 412 of the Indian Penal Code—Their sentences were reduced to three years' rigorous imprisonment, running concurrently—The convictions under other sections were set aside or modified accordingly—The appeals were disposed of accordingly. ...
Criminal Procedure Code, 1973 (CrPC)—Section 357—Conviction of the respondent under Section 324 of the Indian Penal Code for causing burn injuries to the prosecutrix—Despite acquittal on other charges, the Court found the evidence of the prosecutrix reliable and the medical evidence corroborative—Criticizing the appellate court's failure to provide cogent reasons for overturning the trial court's judgment, the Supreme Court set aside the acquittal, affirming the trial court's decision—Considering the elapsed time since the incident and the respondent's bail status, the Court imposed a fine of Rs. 2000 and directed it to be paid to the prosecutrix as compensation for her injuries—The appeal was allowed, and bail bonds were discharged. ...
Penal Code, 1860 (IPC)—Section 302—Wife appeals against husband's murderer's acquittal; Supreme Court upholds High Court decision—Incident occurred during a scuffle in a club; accused claimed self-defence—Trial court convicted accused, but High Court disagreed, citing evidence of grappling and one defensive injury—Wife argues scope of appeal under Article 136 allows review of evidence and reversal of High Court's decision—Supreme Court finds High Court's reasoning sound, dismisses appeal—Accused's single defensive act, injuring the deceased's carotid artery, deemed justified—Court affirms self-defence claim and acquittal. ...
Indian Penal Code, 1860 (IPC)—Sections 302 and 34—Conviction based on solitary witness—Reliability of FIR and witness testimony—Acquittal: The appellants were convicted under Sections 302/34 IPC for the murder of Anwar Hussain, based on the testimony of a solitary eyewitness, Mansoor Hussain—The High Court found discrepancies in the prosecution's story, including doubts about the timing and authorship of the FIR and inconsistencies in witness statements—The sole eyewitness was deemed unreliable, as evidence suggested he may not have been present at the scene—The Court emphasized that conviction based on a solitary witness requires the witness to be wholly reliable, which was not the case here—Consequently, the conviction and sentence were set aside, and the appellants were acquitted. ...
Penal Code, 1860 (IPC)—Section 300—Acquittal, reversing the conviction of the accused by the Sessions Judge in a homicide case—The incident stemmed from a long-standing family dispute over land partition—While the trial court relied on testimonies of the deceased's parents (PWs 3 and 4), the High Court cited lack of independent corroboration, questionable police conduct, and delayed FIR lodging—The absence of crucial witness Kallappa and inconsistencies in witness accounts led to doubts—The High Court concluded that the prosecution failed to establish guilt beyond reasonable doubt—Despite the State's contention, the Supreme Court upheld the acquittal, citing insufficient evidence and procedural irregularities—The appeal was dismissed under Article 136 of the Constitution. ...
Indian Penal Code, 1860 (IPC)—Sections 148, 149—Acquittal—Lack of Common Object—Appeal Allowed—In a case involving convictions under Sections 148, 324, and 325/149 IPC, the Sessions Court convicted two appellants while acquitting five co-accused—It was contended that with only two individuals actively participating in the incident, the invocation of Sections 148 and 149 IPC was erroneous as the presence of five or more individuals, required to establish unlawful assembly, was not proven—The High Court held that the trial court’s findings acknowledged the absence of sufficient evidence to establish the presence of other accused at the scene, thereby negating the common object necessary to invoke Sections 148 and 149 IPC—Consequently, the conviction of the appellants under Sections 324 a...
Constitution of India, 1950—Article 309, Article 311—Against termination of ad hoc service upheld by Supreme Court—Appellant acquitted in criminal case, but services terminated during suspension—High Court's decision to uphold termination reversed—Order deemed penal, violating Article 311(2)—Appellant entitled to reinstatement and emoluments from date of suspension—Authorities directed to consider regularization per executive instructions—Precedents highlight need to discern true nature of termination order—Appeal allowed, no costs awarded. ...
Penal Code, 1860 (IPC)—Section 304, Section 307, Section 52—Acquittal of the respondent, who was previously found guilty by the Sessions Court of culpable homicide not amounting to murder under Section 304 Part II of the Indian Penal Code (IPC)—The High Court had erroneously accepted the respondent's plea of mistake of fact under Section 79 IPC, which led to a miscarriage of justice—The respondent had struck the deceased with a lathi, mistaking him for a thief, resulting in the deceased's death—The Supreme Court emphasized that the respondent and the deceased had strained relations, and the act lacked good faith—The evidence showed that the respondent's action was premeditated and not justified under any mistake of fact—The Court concluded that the respondent must have known that a lat...
Criminal Procedure Code, 1973 (CrPC)—Sections 378 and 386—Acquittal—Appeal of Tota Singh, Dauli Singh, Mithu Singh, and Mukhtiar Singh against the Punjab and Haryana High Court judgment which had overturned their acquittal by the Sessions Court, Faridkot—The appellants were initially acquitted on charges under Sections 302/34 and 323/34 IPC for allegedly attacking and causing the death of Gurdev Singh and injuring Ajmer Singh and Malkiat Singh—The High Court convicted them based on reappreciation of evidence—The Supreme Court held that the High Court's interference was unwarranted, as it disregarded established principles restricting appellate courts from overturning acquittals unless the trial court's findings were manifestly illegal or perverse—The trial court's reasons for acquittin...
Penal Code, 1860 (IPC)—Section 109, Section 302, Section 34—Evidence Act, 1872 — Section 3—Acquittal of the appellants by the Sessions Judge and convicted them under Section 302 read with Section 34 IPC for the murders of Ram Nath and Bhagwan Das, sentencing them to life imprisonment on each count—The appellants, armed with an axe and spears, attacked the victims in broad daylight, witnessed by Smt. Koshi and Anant Ram—The High Court found the evidence of these witnesses credible, rejecting the defense's arguments regarding alleged motive deficiencies, improbabilities in witness testimony, and delays in filing the FIR—The court also dismissed contentions about the differing levels of putrefaction in the bodies—The High Court held that the Sessions Judge's reasoning was perverse, and ...
Penal Code, 1860 (IPC)—Section 396—Acquittal—An appeal from the State of Bihar challenging the Patna High Court's summary dismissal of a petition seeking leave to appeal against the acquittal of 25 accused in a dacoity and murder case—The trial court had acquitted the accused of charges under Section 396 IPC, despite testimonies from multiple eyewitnesses—The High Court dismissed the State's appeal without providing reasons—The Supreme Court noted the complexity and significance of the case, emphasizing that the trial court's reasons for acquittal required thorough examination—The Court remanded the case to the High Court, directing it to hear the parties and provide a reasoned decision, thus allowing for a more informed review—The appeal was allowed, and the High Court's ord...
Criminal Procedure Code, 1973 (CrPC)—Section 482—Penal Code, 1860 (IPC)—Section 147, Section 149—Calcutta High Court's judgment that ordered a retrial after overturning an acquittal passed by the Metropolitan Magistrate in C-3064 of 1977—The appellants were accused of obstructing bank officials and operations in a Grindlays Bank branch strike on October 31, 1977—The trial court acquitted the appellants, but the High Court, disagreeing with the trial court’s assessment, remanded the case for retrial after a six-year delay—The Supreme Court found that the High Court's decision for a retrial caused undue prejudice and harassment to the appellants—The Court emphasized that, given the prolonged delay and the nature of the alleged offenses, the High Court should have exercised its in...
Penal Code, 1860 (IPC)—Section 147, Section 148—Acquittal judgment by the Allahabad High Court, the Supreme Court upheld the High Court's decision to acquit the respondents accused of murdering Raaz Mohammad—The prosecution's case hinged on the testimony of PW. 1, Rahim Khan, the deceased's uncle and an eyewitness—The trial court had convicted the respondents based on PW. 1's testimony and supporting circumstances, but the High Court questioned the reliability of PW. 1's identification of the accused, noting inconsistencies and a lack of prior acquaintance with them—The High Court emphasized that no identification parade was conducted despite a request—The Supreme Court affirmed that while a single witness can establish a fact, their testimony must be highly reliable, especially when...
Criminal Procedure Code, 1973 (CrPC)—Section 379—Andhra Pradesh High Court convicting the appellant for murder under Section 302 IPC, overturning his earlier acquittal by the trial court—The prosecution's case relied primarily on the testimony of PWs. 1 and 2, eyewitnesses to the assault, who corroborated that the deceased died from injuries inflicted by the appellant—The appellant argued that the FIR was fabricated, which would undermine the entire prosecution's case—However, the Supreme Court found no serious infirmity in the FIR and upheld its authenticity based on the sequence of events and testimony of PW 1 to the Investigating Officer—The medical evidence regarding the time of death was interpreted accurately, and discrepancies in eyewitness testimony were found minor and inconsequential&m...
Penal Code, 1860 (IPC)—Section 302, Section 34—Acquittal—This appeal by special leave challenges the High Court of Punjab and Haryana's refusal to grant leave under Section 378(3) CrPC for the Chandigarh Administration to appeal against the acquittal of Dharam Singh by the Sessions Judge, Chandigarh—Dharam Singh and his father, Karam Singh, were charged under Section 302 read with Section 34 IPC for the murder of Vinod Kumar, allegedly motivated by the deceased’s suspected illicit relationship with their sister—The Sessions Judge, after evaluating the evidence, found it insufficient to substantiate the charges and acquitted the accused—The High Court dismissed the Chandigarh Administration's application for leave to appeal—The Supreme Court reviewed the evidence and concurred with th...
Penal Code, 1860 (IPC)—Section 294, Section 354—Acquittal of the accused, Ram Kishan, in a case involving offenses under Sections 294, 354, 384, and 506 of the IPC—The complainant, Smt. Chander Kala, alleged that the accused, her superior, harassed her with indecent remarks and threats, forced her to sign blank papers, and attempted to outrage her modesty—The trial court convicted the accused based on corroborated testimony and evidence, but the Sessions Court and High Court acquitted him on some counts, citing doubts about the complainant's credibility and delayed reporting—The Supreme Court criticized this reasoning as legally flawed and perverse, emphasizing the corroborative value of the complainant’s immediate reporting to colleagues and recovery of signed papers from the accused’s house&...
Penal Code, 1860 (IPC)—Section 302, Section 307—Acquitted—The High Court, without thorough analysis, remanded the case to the trial court for rewriting the judgment and questioned the validity of the State's appeal against the acquittals—The Supreme Court found the High Court's approach improper, emphasizing that the State's appeal was validly filed against all acquitted accused—It criticized the High Court for unnecessary inquiry into procedural details and directed a fresh hearing on merits, underscoring that the High Court should have decided the appeal itself—The Court allowed one appeal, partially set aside the High Court's order, and ordered rehearing of the appeals by a different bench for justice's sake. ...
Criminal Procedure Code, 1973 (CrPC)—Section 157, Section 159—A dacoity and murder incident in 1972, the Supreme Court overturned Sunder’s acquittal—Despite alleged flaws like delayed reports and superficial circumstances, the Court emphasized eyewitness accounts, particularly from injured victims, as credible and crucial—The accused's direct involvement was affirmed, including Sunder's role in arson and aiding murder—Criticizing the High Court's technical approach, the Supreme Court reinstated Sunder's original convictions under various IPC sections—With this decision, the Court upheld justice by prioritizing substantial evidence over procedural critiques, ensuring accountability for serious criminal acts. ...
Criminal Procedure Code, 1973 (CrPC)—Section 482—Appeal—Acquittal—Special leave to appeal was granted in this case, where the Karnataka High Court had issued a notice to accused Nos. 6 to 8, including the appellant, directing them to show cause why they should not be sent for trial—This notice was issued alongside the High Court granting the State leave to appeal against the acquittal of accused Nos. 1 to 5 and 9 by the trial court—The State's counsel, Mr. Nettar, conceded the lack of support for this order—The Supreme Court held that the High Court lacked jurisdiction to pass any order against the appellant without first hearing the appeal and establishing a clear finding of an offense—Such an order at the initial stage was deemed a serious abuse of the Court's process, forcing the ...
Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal —Prosecution adequately proved the accused's entrustment and receipt of Rs. 1453.18 in discharge of official duty—They refrained from expressing an opinion on this issue but criticized the High Court's refusal to grant leave to appeal without explanation—Stressing the need for clarity on the High Court's reasoning, the Court allowed the appeal, overturning the High Court's order, and instructed the High Court to reinstate the appeal—It directed the High Court to provide a reasoned judgment on the matter after hearing both parties within three months. ...
Criminal Procedure Code, 1973 (CrPC)—Section 386—Penal Code, 1860 (IPC)—Section 302—Sentence—Death sentence—Criminal Appeal by Special Leave against acquittal of accused convicted under Section 302 read with Section 34, IPC for murder—Accused, armed with deadly weapons, attacked victim at Panchayat Bhavan resulting in fatal injuries—Witnesses corroborate attack; dying declaration admitted—High Court acquitted, citing inconsistencies—Supreme Court finds High Court's doubts unjustified, upholds Sessions Judge's reliance on witnesses and dying declaration—Convicts all accused, sentences to life imprisonment—Death penalty not imposed due to acquittal delay. ...
Criminal Procedure Code, 1973 (CrPC)—Section 401 —Penal Code, 1860 (IPC)—Section 147, Section 149, Section 302—Murder of two individuals and injuries to others, twenty-one accused were tried for various offenses by the Sessions Judge of Basti—Nine were convicted, while the present appellants were acquitted—The convicted appealed, and the first informant, Ram Sumer Singh, filed a criminal revision against the acquitted—The High Court upheld the convictions but commuted some death sentences to life imprisonment—The High Court allowed the criminal revision, setting aside the appellants' acquittal and ordering a retrial, citing non-application of mind, ignored material evidence, inconsistencies, and faulty reasoning by the Sessions Judge—The appellants appealed to the Supreme Cour...
Constitution of India, 1950—Article 136—Penal Code, 1860 (IPC)—Section 147, Section 148—Evidence Act and Penal Code—The Supreme Court criticized the High Court for rejecting crucial eyewitness testimony based on general grounds rather than intrinsic merits, despite the trial court's favorable assessment—It noted that distrust of eyewitnesses due to one witness's hostility was unwarranted, as his statements did not disprove another witness's presence—Regarding the death penalty, despite the gruesome nature of the crime, the Supreme Court held it unnecessary—The Court invoked Article 136 of the Constitution, emphasizing the High Court's illegal and erroneous reasoning leading to acquittals, which it deemed a grave miscarriage of justice—Consequently, the Supreme Court int...
Evidence Act, 1872—Section 24, Section 80—Penal Code, 1860 (IPC)—Section 302—Acquittal under Section 302 IPC, where the High Court reversed the acquittal and convicted the appellant to life imprisonment—Allegedly, the appellant fatally struck the victim with a stone while he slept, witnessed by the victim's son—Despite discrepancies in witness testimony, the High Court upheld the confessional statement made to a magistrate, deeming it voluntary and corroborated by circumstantial and medical evidence—It rejected the trial court's exclusion of evidence and affirmed the conviction based on sufficient corroboration. ...
Penal Code, 1860 (IPC)—Section 149, Section 302—Murder of Rasayal by her brothers, the High Court convicted the first appellant under Section 302 IPC, sentencing him to life imprisonment, and the second appellant under Section 302 read with Section 149 IPC—The second appellant's conviction was challenged on the grounds that it relied solely on retracted statements marked under Section 288 CrPC, without proper confrontation as required by Section 145 of the Evidence Act—The Court clarified that if witnesses admit to their prior statements, further proof is unnecessary—Additionally, it upheld that statements under Section 164 CrPC can corroborate evidence given in the committal court—However, considering the improbability of the second appellant's instigation, he was acquitted, receiving the benef...
Penal Code, 1860 (IPC)—Section 302, Section 34—An appeal against convictions under IPC Section 302 read with Section 34, noting inconsistencies in witness statements and doubts over the authenticity of the first information report (Ex. P. 1). Court finds discrepancies in witness testimonies regarding assailants' identities and timing of events, suggesting names were introduced later—High Court's failure to consider these discrepancies and the significance of omitted details in earlier statements led to reversal of convictions—Prosecution fails to establish guilt beyond reasonable doubt, leading to acquittal of appellants A-1 to A-3. ...
Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149—Acquittal—Other offences, noting discrepancies in witness testimonies and lack of corroborative medical evidence—The case involved a fatal altercation between Vanta and Tarpet watchmen in Sarod village—Despite injuries to witnesses and initial allegations of gunfire, subsequent forensic findings did not support gunshot wounds claimed in the FIR—The Court finds the trial court's doubts about witness credibility reasonable, overturning the High Court's convictions—Emphasis on witness inconsistencies and lack of clarity in identifying assailants supports the restoration of acquittals, emphasizing the importance of assessing evidence in appeals against acquittals. ...
Indian Penal Code, 1860 (IPC)—Sections 147, 302 read with 149, 325 read with 149, 323 read with 149, 392—Acquittal—Evidence—Witness Credibility—The appellants, part of a group of sixteen accused, were charged with multiple offences including murder and rioting—The Additional Sessions Judge acquitted one accused and convicted the others of various offences, leading to life sentences for some—On appeal, the Rajasthan High Court upheld the life sentences for three appellants and convicted them under Sections 302 read with 149 and 147 IPC, while acquitting others due to unreliable testimonies and medical evidence contradictions—On further appeal, the Supreme Court noted discrepancies in the witness testimonies and highlighted errors in the High Court's reliance on certain evidence—The ...
Criminal Procedure Code, 1973—Section 386—Appeal—Acquittal—Reversal by High Court—The appellant was acquitted of murder by the Sessions Judge, Jamnagar, but convicted by the High Court under Section 302 IPC, leading to a life sentence—The case arose from long-standing enmity, with witnesses testifying the accused stabbed the deceased—Initial reports falsely implicated the accused’s brother—The High Court relied on witness testimony and injuries to the deceased to overturn the acquittal—The Supreme Court, finding the Sessions Judge's acquittal reasonable due to false implications and inconsistent witness accounts, held the High Court should not have reversed the acquittal solely because an alternative view was possible—Appeal allowed, High Court judgment set aside, and a...
Penal Code, 1860 (IPC)—Sections 409 and 420—Appeal—Acquittal —Special leave, the appellants were convicted under Section 406 IPC and sentenced to two years of rigorous imprisonment by the Mysore High Court, which reversed the Magistrate’s acquittal under Sections 409 and 420 IPC—The case involved the alleged misappropriation of Rs. 4263/- paid by PWs 6 and 11 for discharge certificates from a cooperative society—The Trial Magistrate acquitted the appellants, finding no reliable evidence of payment and identifying interpolations in the discharge certificates (Exhibits P. 12, 13, and 14)—The High Court, however, convicted the appellants based on circumstantial evidence and the disputed documents—The Supreme Court found the prosecution’s case inherently improbable, noting the l...
Penal Code, 1860 (IPC)—Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal—Acquittal—The trial court had acquitted the appellant due to significant investigative flaws, including delayed FIR dispatch and inconsistencies in the informant's injury timeline—The High Court, however, dismissed these concerns, relying on the credibility of eyewitnesses—The Supreme Court emphasized that appellate courts should consider whether the trial court's view was reasonably possible—Here, the FIR was suspiciously detailed and delayed by 29 hours, with no explanation from the investigating officer—Moreover, the informant's injuries, supposedly from the incident, were only medically examined the next day and deemed fresh—These discrepancies undermined the prosecuti...
Penal Code, 1860 (IPC)—Section 395—Prosecution alleged that the respondents committed dacoity, robbing a jeep carrying Rs. 70,000 meant for disbursement at various branches of a factory—The High Court noted improbabilities, including the respectable status of Ram Narain as a factory employee and village Sarpanch, making it unlikely he would commit a daylight robbery in his own village—Additionally, the prosecution's narrative lacked logic as it involved transporting a large sum without armed escort across distinct geographical locations unnecessarily—The Supreme Court found the High Court’s reasoning plausible and concluded that the prosecution's case was not convincingly proven—The appeal against acquittal was dismissed, emphasizing the principle that if two views are possible, interferen...
Criminal Procedure Code, 1973 (CrPC)—Section 386—Appeal—Acquittal—Scope of Interference—Section 386 of the CrPC restricts appellate interference in cases of acquittal if two reasonable views exist on the evidence—Appellate courts should refrain from overturning acquittals unless the trial court's decision is patently unreasonable or perverse, ensuring fairness and adherence to legal principles. ...
Penal Code, 1860 (IPC)—Section 494 —Acquittal of the respondents by the Andhra Pradesh High Court in a case involving the offence of bigamy under Section 494 IPC—The appellant, alleging her husband's second marriage while their first marriage was subsisting, contended that the second marriage lacked essential ceremonies under Hindu Law, specifically Datta Homa and Saptapadi—The High Court acquitted the respondents citing lack of evidence of these essential ceremonies, crucial for a valid marriage under law—The appellant argued custom exempted the need for these ceremonies among Reddy communities, but evidence presented failed to establish such a custom—The Supreme Court affirmed the High Court's decision, holding that the prosecution had not proven the validity of the second marriage as req...
Penal Code, 1860 (IPC)—Section 149, Section 300, Section 302—A village dispute over grazing rights, eight accused appealed against their convictions under IPC Sections 323, 447, and Gujarat Panchayat Act Section 162(2), and one against a conviction under IPC Section 304 Part II—The State of Gujarat appealed the acquittal of seven accused under IPC Section 302/149—The incident occurred when watchmen confronted shepherds grazing cattle in fields—The High Court affirmed convictions based on eyewitness accounts, rejecting defenses of permission to graze—It upheld one conviction under IPC Section 302 for causing death—The Supreme Court dismissed one appeal and altered the conviction of accused No. 13 to IPC Section 302, sentencing him to life imprisonment. ...
Penal Code, 1860 (IPC)—Section 409, Section 468—Lawyer, was accused under Section 409 IPC for alleged misappropriation of funds entrusted to him by his client's father, a partner in a dissolved firm—The complainant, his junior, alleged discrepancies in paper book charges—The trial court acquitted the appellant due to delay in prosecution, lack of clear evidence of criminal intent, and ongoing civil remedies pursued by the complainant's father—The High Court, however, reversed the acquittal, finding the appellant's explanations unconvincing and discrepancies in accounts indicative of breach of trust—On appeal to the Supreme Court, it was held that the prosecution failed to prove criminal intent beyond doubt, reinstating the trial court's acquittal. ...
Penal Code, 1860 (IPC)—Section 114, Section 323—Acquitted by the Metropolitan Magistrate of offences under IPC Section 323 and Section 7 of the Criminal Law Amendment Act, 1932, was convicted by the High Court based on the complainant's testimony regarding an alleged assault during a factory strike—The Supreme Court overturned the High Court's judgment, noting discrepancies in the prosecution's case—It highlighted the improbability of the accused anticipating the complainant's bus stop, the complainant's conflicting statements on injury origin, and lack of injuries despite alleged kicks—Emphasizing the trial court's prerogative in acquittal if evidence allows multiple interpretations, the Court deemed the High Court's reversal unjustified, acquitting the appellant and nullifying hi...
Penal Code, 1860 (IPC)—Section 302—Acquittal of the appellant by the Additional Sessions Judge and convicted him under Section 302 of the Penal Code, sentencing him to life imprisonment—The main issue before the Supreme Court was whether the High Court was justified in overturning the acquittal—The Supreme Court held that the High Court exceeded its powers—It noted that appellate courts must exercise caution when reviewing acquittals and should not interfere unless compelling reasons exist—In this case, there were inconsistencies and unreliabilities in the evidence of key witnesses—Ramnath Aurora, an alleged eyewitness, contradicted himself regarding the timing and recording of his statement—Additionally, witness Bhanushali Parpia’s testimony was inconsistent and lacked credibility&mda...
Evidence Act, 1872—Section 114, Section 145, Section 25, Section 27—Criminal Procedure Code, 1898 (CrPC) Section 162, statements made to a police officer during an investigation are inadmissible except for the purposes of contradicting a witness or for specific uses outlined in Section 162(2)—This prohibition extends to written statements addressed to the police, circumventing the bar against using such statements—Under the Evidence Act, 1872, Section 114, the court may presume facts based on normal human conduct, though the illustrations are not exhaustive and must be applied to the facts of each case—The Supreme Court has maintained that the doctrine of benefit of doubt remains a fundamental principle in criminal justice, and concurrent factual findings based on inadmissible evidence warrant Supreme Court i...
Penal Code, 1860 (IPC)—Section 149, Section 302—Criminal Procedure Code, 1898 (CrPC)—Section 417—Appeal—Acquittal—Considerations for Reversing Order of Acquittal—In appeals against acquittal, the High Court possesses full authority to extensively review the evidence upon which the acquittal was based and to conclude if the acquittal should be reversed—This power, while broad, must be exercised with due consideration to certain critical factors: (1) the trial Judge's perspective on the credibility of witnesses; (2) the presumption of innocence favoring the accused, which is reinforced by their acquittal at trial; (3) the accused's right to benefit from any reasonable doubt; and (4) the appellate court's general reluctance to overturn factual findings made by the trial judge who ha...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302—Acquitted by the trial court for the murder of Amrik Singh and Surat Singh, were convicted by the Punjab & Haryana High Court under Sections 302/149 IPC for the murders and Section 148 IPC for rioting—Hazur Singh and Surjit Singh were additionally convicted under Section 449 IPC for house trespass—The High Court's conviction was based on the reliable testimonies of eye-witnesses Mohan Singh, Jagdarshan Singh, and Amrik Singh, despite the trial court's skepticism regarding their credibility and the timing of the First Information Report—The High Court found the trial court’s conclusions unreasonable, given the consistent and corroborative evidence of the witnesses—Post-mortem reports confirmed the fatal injuries inflicted by t...
Criminal Procedure Code, 1898 (CrPC)—Section 417, Section 435, Section 439—An acquittal by a Sessions Court is limited—The High Court cannot convert a finding of acquittal into a conviction directly or indirectly—It may only intervene in cases of procedural defects, manifest errors of law, or clear cases of miscarriage of justice—In this case, the High Court exceeded its jurisdiction by directing a retrial after detailing its own findings on guilt, which contravened the provision of Section 439(4) that prohibits converting acquittals into convictions—The High Court's actions caused undue strain on the accused by considering evidence in detail and expressing opinions on guilt, thus improperly influencing the retrial—The trial court had not demonstrated any procedural defects or errors, nor was ...
Penal Code, 1860 (IPC)—Section 302, Section 307—Criminal Procedure Code, 1898 (CrPC)—Section 423—Appeal—Acquittal—Sessions Judge’s acquittal of Jadunath Singh, Dev Singh, Surjan Singh, and Sheoraj Singh, who were convicted under Sections 302 and 307 IPC read with Section 34 IPC—The appellants were sentenced to life imprisonment for murder and seven years for attempted murder, to run concurrently—The prosecution established that Jadunath Singh, resenting the presence of Gajrajsingh’s son, Rishipal, and his eloped wife, Bitana, incited his co-accused to attack Gajrajsingh with weapons—Gajrajsingh was killed, and others were injured—Despite the Sessions Judge's doubts regarding motive, delay in filing the FIR, and witness reliability, the High Court found no reasonab...
Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302—Accused faced trial for offenses under Sections 148, 307/149, and 302/149 IPC—The Sessions Court acquitted four, convicting Devi Lal, Bihari, and Jagram under Section 302/34 IPC, sentencing them to life imprisonment—The High Court upheld the convictions of Devi Lal and Bihari but acquitted Jagram—The prosecution alleged the appellants, driven by prior enmity, assaulted and killed Motaram—However, key eyewitnesses were found to be unreliable and interested parties—The High Court had dismissed core prosecution claims about the presence and actions of two armed accused, undermining the prosecution's case—The Supreme Court held that without credible evidence establishing a pre-arranged plan, common intention under Section 34 IPC co...
Prevention of Corruption Act, 1947—Section 5(1), Section 5(2)—Tariff Act, 1934—Section 5—Acquittal—The appellant, a government servant, was convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act for allegedly using his official position to evade customs duty by sending various articles from Goa to Bombay without paying customs duty—The trial court also suggested that the appellant's assets exceeded his known income sources, though this charge was not included in the initial allegations—The High Court and the Supreme Court did not consider the asset charge or the misuse of postal vehicles, focusing solely on the customs duty evasion—The Supreme Court held that after Goa's liberation and its inclusion in India via the Twelfth Amendment to the Constit...
Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149—Acquitted eight respondents and rejected the Sessions Judge's reference regarding a death sentence—The Sessions Judge had convicted the respondents under Sections 302/149, 148, and 147 of the IPC, sentencing them to life imprisonment or rigorous imprisonment—Ram Gopal was sentenced to death for the murder of Chhatrapal—The High Court found substantial inconsistencies and doubts in the prosecution's evidence—It noted strained relations and past litigations between the parties, but questioned the credibility of key witnesses, particularly Sukkhi—The High Court found that Sukkhi’s testimony was inconsistent and that injuries on Chhatrapal did not align with the alleged use of weapons by all nine assailants—It concluded t...
Criminal Procedure Code, 1898 (CrPC)—Section 417(3)—Acquittal Justified: The appellant was accused of committing criminal breach of trust under Section 406 IPC after hiring a motor from Modern Electrical Works and later claiming ownership based on an alleged purchase agreement—The Presidency Magistrate initially discharged the appellant, recognizing the dispute as civil rather than criminal—The High Court later reversed this, ordering further inquiry—Upon further examination, the Supreme Court held that the letter written by the appellant, which asserted his claim of purchase, did not constitute dishonest misappropriation or conversion of the motor—The Court emphasized that the dispute between the parties was fundamentally civil, relating to the nature of the agreement, and did not meet the threshold fo...
Constitution of India, 1950—Article 143(1)—Acquittal—Tthe trial Magistrate’s acquittal of the appellant, a lawyer, on charges of criminal breach of trust under Section 409 IPC—The High Court had ordered a retrial, believing that additional evidence, specifically expert testimony on a questioned document, was necessary—The Supreme Court held that the High Court erred in ordering a retrial—It emphasized that an accused should not face a second trial merely because the prosecution failed to present all its evidence in the initial trial—The trial Court had acquitted the appellant based on the evidence presented, and the High Court should have assessed the trial Court's findings instead of remanding the case—The Court ruled that the retrial order was contrary to established criminal jur...
Penal Code, 1860 (IPC)—Section 34, Section 467—A criminal conspiracy involving three accused individuals—M.G. Agarwal, M.K. Kulkarni, and N. Laxminarayan (referred to as accused Nos. 1, 2, and 3, respectively)—who were associated with the office of the Income Tax Officer in Greater Bombay between December 1954 and June 1955—These accused individuals were charged with conspiracy to commit illegal acts for pecuniary advantage by abusing their positions as public servants—The prosecution alleged that they issued fraudulent income tax refund orders in the names of fictitious persons and subsequently misappropriated the funds—The modus operandi involved creating fake tax refunds, forging documents, and opening bank accounts in the names of non-existent individuals to encash the fraudulent refunds&mdash...
Penal Code, 1860 (IPC)—Section 302—Concerning unlawful assembly and the implications of acquitting co-accused persons—Section 149 IPC requires at least five persons to constitute an unlawful assembly—If a charge specifically names the individuals constituting the unlawful assembly and some are acquitted, leaving less than five convicted, the conviction under Section 149 may become impermissible due to the lack of an unlawful assembly—However, in this case, despite the acquittal of one co-accused, the conviction of the remaining three appellants was upheld—The Court held that the failure to prove the involvement of the acquitted individual does not invalidate the prosecution's case against the remaining accused if the evidence is otherwise satisfactory—Thus, even with less than five persons con...
Penal Code, 1860 (IPC) - Section 302—Criminal Procedure Code, 1973 (CrPC)—Section 386—Appeal Against Acquittal—High Court's Interference—Justification for Conviction—In an appeal against the acquittal of six accused involved in the homicidal death of two brothers, the High Court of Punjab convicted two appellants, Harbans Singh and Major Singh, under Section 302 of the Indian Penal Code, overturning the trial court's acquittal—The trial court had raised doubts about the evidence, particularly concerning delays in the FIR and the credibility of witnesses—The High Court, however, found flaws in the trial court's reasoning—Upon further appeal, the Supreme Court held that interference with an acquittal is justified only when the trial court's view is manifestly unreasonable...
Penal Code, 1860 (IPC)—Section 149, Section 302—Conviction and Appeal—Unlawful Assembly and Free Fight—Common Object and Common Intention—Dismissal of Appeal: The Supreme Court upheld the conviction of the appellant under Sections 302 and 307 read with Section 149 IPC—The appellant, along with others, was involved in a pre-planned, armed confrontation over a land dispute, leading to the death of one person and injuries to others—The Court rejected the argument that the conviction under Section 149 was invalid due to the acquittal of ten co-accused—It held that the appellant's party constituted an unlawful assembly with a common object, justifying the application of Section 149—Even if the number of participants was less than five, the Court observed that the conviction could be sus...
Evidence Act, 1872—Section 105—Penal Code, 1860 (IPC)—Section 302—Acquittal of Ahmedullah by the High Court of Madhya Pradesh (Gwalior Bench) for murder under Section 302 of the Indian Penal Code—The acquittal was based on Section 84 of the IPC, which exempts those who, due to unsoundness of mind at the time of the offense, are incapable of knowing their actions were wrong—The Sessions Judge and High Court had found that Ahmedullah, though admitting to the crime, was suffering from epileptic insanity—The Supreme Court criticized the lower courts for relying on assumptions and inadequate evidence to establish the defendant's mental state at the time of the crime—The Court concluded that Ahmedullah, who had shown premeditation and meticulous execution of the murder, was not entitled to the...
Penal Code, 1860 (IPC) - Section 107, Section 108, Section 109, Section 147, Section 148, Section 149, Section 323, Section 324, Section 436—Conviction of Gallu Sah under Section 436 read with Section 109 of the Indian Penal Code (IPC) for abetting the arson of Mst— Rasmani's hut— The prosecution alleged that on May 16, 1954, Gallu Sah was part of an unlawful assembly that dismantled and set fire to Mst— Rasmani's hut— Although Budi, who allegedly set the fire, was acquitted of arson by the High Court, Gallu Sah’s conviction was upheld based on the evidence that he had ordered the arson— The appellant contended that the same discredited evidence used against Budi should not support his conviction and argued there was no proof that the fire was set in consequence of his order— The Cou...
Indian Penal Code, 1860 (IPC)—Sections 381 and 52—Indian Post Offices Act—Appeal Against Conviction—Reversal of Acquittal—Burden of Proof—Facts: The appellant, a sorter in the Postal Department, was convicted by the Orissa High Court under Section 381 IPC for theft and Section 52 of the Indian Post Offices Act, after reversing the Sessions Judge’s acquittal—The conviction was based on alleged confessional chits and discrepancies in the prosecution's evidence—Whether the High Court was justified in reversing the acquittal considering the principles governing appeals against acquittal—The Supreme Court allowed the appeal, emphasizing the High Court’s failure to properly consider the presumption of innocence, inconsistencies in the evidence, and the accused’s right t...
Criminal Procedure Code, 1898 (CrPC)—Section 417—The appellant under Section 44 of the Madras District Police Act for ceasing to perform duties without leave—The appellant, a Sub-Inspector of Police, was initially acquitted by the trial court, which found that the cessation was not intentional but due to exceptional circumstances, including a personal emergency and being under surveillance by Razakars in Hyderabad—The High Court reversed the acquittal, questioning the credibility of the appellant's explanation—The Supreme Court held that the prosecution failed to establish the appellant's cessation of duty was intentional, and the reasons provided by the High Court for discrediting the defense witnesses were insufficient—Thus, the appellant was entitled to the benefit of the doubt, and the acqui...
Criminal Procedure Code, 1898 (CrPC)—Section 417—Acquittal of the appellants on charges under the Indian Penal Code, including Section 302 read with Section 149, Section 148, Sections 325 and 326 read with Section 149, and Section 201—The appellants were originally acquitted by the Sessions Judge, who found their actions to be in self-defense amidst a land dispute involving Plot No. 518—The High Court convicted the appellants, ruling that the right of private defense could not be claimed as both parties sought exclusive possession of the land—The appeal argues that the High Court overlooked the Sessions Judge’s findings, particularly questioning the credibility of prosecution witnesses and inconsistencies in their testimony—The Privy Council must decide if the High Court’s reversal was warra...
Penal Code, 1860 (IPC)—Section 147, Section 148—Criminal Procedure Code, 1973—Sections 417, 439—Revisional Jurisdiction—Acquittal—High Court's Interference Limited—The High Court's order setting aside an acquittal by the Sessions Judge and directing a retrial was found improper—The appellants were prosecuted for offences including murder and acquitted by the trial court due to discrepancies in the prosecution's evidence—The High Court, on a revision petition filed by the complainant, re-appraised the evidence, termed the trial court's judgment as perverse, and ordered a retrial—The Supreme Court held that the High Court exceeded its revisional powers under Section 439, which prohibits converting an acquittal into a conviction in revision—Reversing pure findi...
Criminal Procedure Code, 1898 (CrPC) - Section 417, Section 418, Section 423—Full discretion to reassess evidence and overturn an acquittal if warranted— This power is not restricted to cases of perverse judgments or procedural errors but encompasses a broad review of the trial court's findings— However, in exercising this power, the High Court must respect key principles: (1) the trial judge's assessment of witness credibility, (2) the presumption of innocence, (3) the benefit of doubt for the accused, and (4) the deference due to factual findings made by a judge who personally observed the witnesses— These considerations ensure that the High Court's review aligns with established judicial principles while maintaining fairness and justice. ...