Criminal Procedure Code, 1973 (CrPC)—Section 378(4)—Negotiable Instruments Act, 1881, Section 138—Appeal against acquittal—Complaint—Complainant’s right to appeal—The Supreme Court in M/s. Celestium Financial vs. A. Gnanasekaran (2025 INSC 804) held that the complainant in a Section 138 complaint qualifies as a “victim” under Section 2(wa) CrPC and is entitled to appeal as a matter of right under the proviso to Section 372 CrPC (corresponding to Section 413 BNSS), without needing special leave under Section 378(4) CrPC—This interpretation recognizes the complainant as the aggrieved party suffering economic loss due to dishonour of cheque, and accords the victim an absolute right to appeal against acquittal, similar to the accused’s right to appeal against conviction under S...

Criminal Procedure Code, 1973—Sections 372 Proviso & 378(4)—Negotiable Instruments Act, 1881, Section 138—Appeal against acquittal—Complainant under Section 138 NI Act is a 'victim' under Section 2(wa) CrPC—Need not seek special leave under Section 378(4)—Entitled to appeal under proviso to Section 372 CrPC—Liberty granted to withdraw appeal filed under Section 378(4) and to prefer appeal under Section 372 proviso—Delay condoned—Held, as per Supreme Court judgment in M/s. Celestium Financial v. A. Gnanasekaran (2025 INSC 804), a complainant under Section 138 of the NI Act is deemed to be a victim under Section 2(wa) CrPC, hence entitled to file an appeal as of right under the proviso to Section 372—Accordingly, appellant permitted to withdraw the appeal filed under Se...

A. Criminal Procedure Code, 1973—Section 378—Appeal against acquittal—Scope of appellate interference—Appellate Court reiterated the settled principles that interference in acquittal is permissible only where findings are perverse, based on misreading of evidence, or manifestly illegal—Double presumption of innocence in favour of accused strengthened upon acquittal—If two plausible views emerge from evidence, the view favouring the accused must be adopted—Trial Court’s view found to be reasonable and based on appreciation of evidence—No interference warranted. (Paras 7, 8, 11.1) B. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Legally enforceable debt—Rebuttable presumption under Section 139—Accused need not step into the witness box&...

Negotiable Instruments Act, 1881 , Section 138—Against Acquittal—Cheque Dishonour—The complainant, a financial company, alleged that the accused issued a cheque for ₹7,50,000/- towards the settlement of a vehicle loan—However, the account statement (Ex.P-8) showed an outstanding of only ₹4,09,729.08 as of the date of the cheque—The complainant failed to produce any written settlement agreement justifying the higher amount—The accused, in his reply (Ex.P-6), denied the existence of such a settlement and claimed the cheque was issued blank and misused—The Trial Court found material discrepancies and gave the benefit of doubt to the accused—The High Court held that the complainant had failed to prove its case beyond reasonable doubt and affirmed the acquittal, dismissing the appeal. Resu...

(A) Criminal Procedure Code, 1973, Sections 2(wa), 372, 374, and 378 — Definition of "Victim" — Inclusion of Companies — Financial Loss and Reputational Injury — Counterfeit Product Sale — Section 2(wa) of CrPC — Not Restricted to Natural Persons — Section 11 of IPC — Companies Recognized as Victims  — A company that suffers financial loss and damage to its reputation due to the wrongful acts of an accused, such as the sale of counterfeit products, qualifies as a "victim" within the meaning of Section 2(wa) of the CrPC — The definition of "victim" is not confined to natural persons; it expressly includes legal entities such as companies, as recognized under Section 11 of the Indian Penal Code (IPC) — Thus, companies are entitled ...

Negotiable Instruments Act, 1881, Section 138—Reversal of Acquittal—Appeal against acquittal—The High Court set aside the judgment of the Trial Court, which had erroneously acquitted the accused based on mere denial of liability—The complainant had alleged that the accused borrowed ₹5,00,000/- and issued a cheque that was dishonored due to "Funds Insufficient"—Despite receipt of statutory notice, the accused failed to respond or repay—The accused admitted the signature on the cheque but contended it was issued as security for smaller past loans, a claim unsupported by cogent evidence—Referring to Bir Singh Vs. Mukesh Kumar 2020 (2) DCLJ 527 (SC), the Court held that presumption under Section 139 NI Act arises upon execution of the cheque and mere denial is insufficient to rebut it&mdas...

Negotiable Instruments Act, 1881—Sections 138, 118(a), and 139—Appeal against acquittal—Cheque dishonour—Presumption of debt/liability—Probable defence—Burden of proof—The presumption of debt/liability in favor of the cheque holder arises once the execution of the cheque is admitted—However, this presumption is rebuttable if the accused raises a probable defense on the preponderance of probabilities to show the non-existence of debt or that the cheque amount has already been paid—The burden then shifts to the complainant to prove the existence of the debt as a matter of fact—Contradictions in the accused’s defense do not necessarily vitiate the acquittal if a probable defense is made out—The appellate court’s power to interfere with acquittal in such cases is li...

Penal Code, 1860, 302/149, 304B, 498A—Dowry Prohibition Act, 1961, Sections 3/4—Appeal Against Acquittal—The Supreme Court dismissed the Special Leave Petition filed by the complainant challenging the acquittal of accused persons by the trial court and High Court in a case involving alleged dowry harassment and suspicious death under Sections 302/149, 304B, 498A IPC and Sections 3/4 Dowry Prohibition Act—The deceased had committed suicide in her matrimonial home, with no immediate suspicion raised by family members during inquest or cremation, and FIR filed after a delay—Both courts found the prosecution’s case to be an afterthought and acquitted the accused—The Supreme Court held that concurrent findings of acquittal do not warrant interference unless perverse or no other view is p...

Negotiable Instruments Act, 1881—Section 138 & 139—Code of Criminal Procedure, 1973—Section 378—Appeal against Acquittal—Rebuttal of Presumption—Legally Enforceable Debt—Evidentiary Burden—Dismissal of Appeal—The High Court dismissed the complainant's appeal under Section 378 CrPC against the acquittal of the accused in a cheque dishonour case under Section 138 NI Act—The complainant failed to prove the legally enforceable debt on the date of issuance of the cheque (Rs.6,00,000/- dated 15.06.2006)—The accused successfully rebutted the presumption under Section 139 by proving partial payments post cheque date and lack of clarity in complainant’s financial claim—The authorized representative of the complainant lacked personal knowledge of the transaction&m...

Penal Code, 1860, Sections 302 and 328—Appeal Against Acquittal—Poisoning Death—Circumstantial Evidence—Standard of Proof—Principles for Reversal of Acquittal—HELD : The State’s appeal against acquittal in a poisoning case was dismissed by the High Court—The deceased, allegedly poisoned by his mother-in-law (accused/respondent), died due to organophosphorous compound ingestion—The Trial Court had acquitted the accused based on gaps in the prosecution’s case—The High Court affirmed that while poisoning was established, crucial ingredients—Possession of poison, opportunity to administer, and motive—were not proved beyond reasonable doubt—There was no evidence of the accused possessing or administering poison; the deceased was living separately, had...

(A)  Negotiable Instruments Act, 1881—Section 138—Cheque dishonour—Appeal against acquittal—Whether complaint filed by the proprietor is maintainable, if the payee is a proprietary concern—Held, Yes—Where a negotiable instrument names a proprietary concern as payee, a complaint filed by the sole proprietor is maintainable—The proprietorship and proprietor constitute a unified legal identity, rendering them inseparable for procedural purposes—The proprietor, as the legal embodiment of the proprietary concern, possesses requisite locus standi to initiate proceedings upon dishonor of the instrument—Trial court's failure to recognize this established principle of commercial jurisprudence warrants remand the matter for adjudication on merits—Appeal is allowed. (Para 16) (B...

Narcotic Drug and Psychotropic Substances Act, 1985, Section 50, 52(A), 55 and 57—Appeal Against Acquittal—Procedural Lapses—Dismissal in Limine—The High Court dismissed in limine a government appeal against acquittal under the NDPS Act, refusing leave to appeal due to multiple procedural lapses in the prosecution case—The Trial Court had rightly noted serious defects including the non-examination of the shopkeeper who allegedly provided the weighing scale for measuring the contraband, failure to produce independent public witnesses, and lack of credible evidence showing recovery of contraband—The High Court further observed that no General Diary entries were produced to prove the police party’s departure from or return to the police station, casting doubt on the occurrence of ...

(A) Negotiable Instruments Act, 1881, Section 138—Dishonour of Cheque—Appeal Against Acquittal—Rights of Complainant and Victim—A complainant who is also the victim is entitled to file an appeal against an order of acquittal directly under the proviso to Section 372 of the Criminal Procedure Code (Cr.P.C.) without needing to seek special leave to appeal under Section 378 Cr.P.C—However, a complainant who is not the victim must file an appeal against the order of acquittal under Section 378 Cr.P.C. only by first obtaining special leave to appeal from the Court—This distinction underscores the special rights afforded to victims in criminal proceedings regarding appeals against acquittals. (B) Criminal Procedure Code, 1973, Section 2(wa)—Negotiable Instruments Act, 1881, Section 138...

(A) Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 378(4) and 255(1)—Appeal against acquittal—The complainant alleged non-payment of the cheque amount, but the trial court acquitted the accused, citing insufficient evidence of debt—However, the court found that the statutory requirements under the N.I. Act were met, and the presumptions favoring the complainant were not rebutted—The acquittal was deemed erroneous due to misinterpretation of evidence and failure to consider the statutory presumptions under the Act. (Paras 1, 6, 12, 14) (B) Legal Standing of Partnership—The court held that even if the firm was not made a party in the complaint, the managing partner's authorization was sufficient for filing the case—The c...

(A) Negotiable Instruments Act, 1881—Sections 138, 118, and 139—Appeal against acquittal—The complainant alleged dishonor of a cheque issued in discharge of a debt, but the trial court found no liability was established—It was determined that the cheque was given as a guarantee, not for a debt—No grounds for interference with the acquittal were found, and the decision was upheld. (Paras 1, 6, 11) (B) Burden of Proof—Presumptions under the Negotiable Instruments Act arise only when a debt is established—Once the accused denies the existence of a debt, the burden shifts away from him, and it is the complainant’s responsibility to prove the financial liability—In this case, the complainant failed to establish the debt, leading to the acquittal of the accused. (Paras...

(A) Negotiable Instruments Act, 1881—Section 138 and 139—Appeal against acquittal—The complainant, a vegetable merchant, lent ₹75,000/- to the accused, who issued a cheque that was dishonoured due to insufficient funds—The presumption under Section 139 that the cheque was issued for debt was not rebutted by the accused—The trial court erred in acquitting the accused, leading to the appeal being allowed and conviction upheld. (Paras 1, 5, 9, 10) (B) Presumption—Acquittal—Conviction—Fine—Compensation—The appellant-complainant asserts that the respondent-accused borrowed ₹75,000/- for domestic needs, issuing a cheque (Ex.P.1) dated 15.02.2011—The cheque was dishonoured due to "Funds Insufficient" (Ex.P.2)—As the cheque bears the ...

(A) Negotiable Instruments Act, 1881—Section 138—Appeal against the acquittal—Respondent for dishonor of a cheque, the appellant, a financial institution, claimed it granted a loan of Rs. 30,000 to the respondent, who defaulted and issued a cheque for Rs. 36,558, which was dishonoured—The court noted that the presumption under Section 139 of the N.I. Act regarding the issuance of the cheque for debt discharge was not rebutted—However, the complainant failed to provide sufficient evidence of the outstanding loan amount, leading to the acquittal being upheld. (Paras 1-12) (B) Presumption of Debt—The presumption under Section 139 of the N.I. Act is rebuttable, meaning the accused can challenge it—However, the burden of proof lies on the accused to prove otherwise—The standard of pr...

(A) Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 378(4)—Appeal against acquittal—The appellant-complainant alleged that the accused-respondent issued cheques for loan repayment, but the cheques were dishonored—The trial court acquitted the accused, citing material contradictions in the evidence and a lack of clarity regarding the loan agreement—The court emphasized that the burden of proof lies with the complainant to establish the offence under Section 138 of the NI Act—Additionally, the acquittal could not be disturbed unless compelling reasons existed, as the trial court's decision was based on available evidence. (Para 1 -10) (B) Acquittal—The court emphasized that an order of acquittal can only be interfered with if it is clearly unreas...

Acquitted. Code of Criminal Procedure, 1973—Section 378—Appeal Against Judgement which set aside Acquittal—Murder by rioting—When the Trial Court which had the benefit of seeing the witnesses produced before it was pleased to render an order of acquittal, then the Appellate Court while exercising its power under Section 378 of the Code of Criminal Procedure, as it then was, should be slow in reversing the order of acquittal—In other words, a Court of Appeal shall not substitute the view of the Trial Court, especially when the views expressed by the Trial Court is a plausible one—It is a case of double presumption of innocence that would enure to the benefit of an acquitted person—After going through the judgment of the Trial Court, it is a plausible view that has been expressed by it—The ...

Criminal Procedure Code, 1973—Sections 372, 378(1), 378(4)—Negotiable Instruments Act, 1881—Section 142—Appeal against acquittal—Victim—Complainant—The appellate court dismissed the appeal against acquittal, stating it was not maintainable due to the distinction between the complainant and victim—The court emphasized that only the victim has the right to appeal an acquittal, and the complainant need not file an appeal directly to the High Court—However, the higher court disagreed, clarifying that the victim is indeed entitled to appeal under Section 372 of the CrPC—It also clarified that the complainant can represent the victim, but does not need to appeal directly to the High Court—The higher court found the dismissal of the appeal inappropriate, as it failed to recognize ...

Appeal against acquittal—Code of Criminal Procedure, 1973—Section 372—Indian Penal Code, 1860—Sections 498-A, 304-B and 302—Dowry Prohibition Act, 1961—Section 3/4—Cruelty—Demand of dowry—Maltreatment—Trial Court acquitted the accused—Appeal against—Filed by State—Determination of—FIR—Perusal of—There is nothing on record to show that any further complaint was sought to be lodge regarding demand of dowry—Additionally, Court finds that allegation of demand of dowry sought to be raised in statements under Section 164, CrPC by accused from deceased one month prior to date of her death does not find mention in statements of PW1, PW2 and PW3 recorded under Section 161, CrPC—High Court finds that trial Court has not committed any palpable...

(A) Code of Criminal Procedure, 1973—Section 378(4)—Negotiable Instruments Act, 1881—Section 138 and 139—Application for leave to appeal against acquittal—The applicant alleged that the accused issued a cheque in relation to a loan, which was dishonored—The Trial Court acquitted the accused, finding that the applicant failed to establish the existence of a legally enforceable debt—However, the court emphasized the presumption under Section 139 of the Negotiable Instruments Act, which assumes that a cheque is issued for a legally enforceable debt—The burden to rebut this presumption lies with the accused—In light of this, the application for leave to appeal was allowed, enabling further review of the case.  (Paras 1, 2, 3, 5, 11) (B) Negotiable Instruments Act, 1881—S...

Application for leave to Appeal dismissed. (A) Negotiable Instrument Act, 1881, Section 138, 118(a) and 139—Appeal against acquittal—Application for leave to Appeal to impugn acquittal—Offence of dishonor of cheque—Accused / respondents have successfully rebutted the statutory presumption under section 118(a) read with 139 of NI Act—Once the respondent has successfully rebutted the presumption, the petitioner is not able to prove its case beyond reasonable doubt. (Para 30) (B) Burden of Proof—The burden lies on the complainant to establish foundational facts despite the presumption under the NI Act—The accused only needs to raise a probable defense to shift the burden back to the complainant. (Paras 12, 20) (C) Criminal procedure code, 1973, Section 311—Additional wit...

Penal Code, 1860—Section 302—Murder—Appeal against Acquittal—The Supreme Court set aside the judgment and order of acquittal passed by the High Court of Madhya Pradesh on 21.06.2011 in Criminal Appeal No.213 of 2003—The appeal was filed by the State of Madhya Pradesh challenging the High Court's acquittal of the respondent, who was convicted by the Trial Court for the murder of his wife—The respondent, along with his family members, was implicated in the crime, but the High Court did not adequately re-appreciate the entire evidence on record—The Court noted that the High Court failed to provide a detailed reasoning for its acquittal and merely cited general principles of circumstantial evidence—The Supreme Court emphasized that as the first appellate court, the High Court was required to...

Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 378(4)—Cheque dishonour—Appeal against acquittal—Friendly loan Rs. 50,00,000/- —Failure to substantiate financial capacity and loan transactions—The complainant, who claimed an annual income of Rs 25 lakh to Rs 30 lakh and asserted payment of a substantial amount to the accused without interest, failed to specify the dates and amounts of the transactions in his notice, complaint or examination in chief—Additionally, the absence of any interest charged on the loan, coupled with the lack of evidence in income tax returns and no supporting documentation from governmental sources, undermined the credibility of the complainant's claims—If the complainant's financial capacity had been contested, ...

Acquittal set aside. Indian Penal Code, 1860, Sections 498-A, 201 & 304-B, 302/34 [ Bhartiya Nyaya Sanhita, 2023, 80, 85, 238]—Offence of cruelty to wife and her death—Appeal by Prosecution, to impugn the Acquittal—It is revealed, while passing the impugned judgment of acquittal, the learned Trial Court had misread the material evidence on record and has adopted a hyper-technical approach in interpreted the testimonies of the witnesses and the documents so exhibited, which is not desirable in the cases pertaining to the social-welfare provisions, especially when the menace of dowry deaths is deeply entrenched in the Indian society—Additionally, the accused- respondents have failed to provide any explanation vis-à-vis the circumstances under which the incident took place, thereby failing to d...

Narcotics Drugs & Psychotropic Substances Act, 1985—Section 50, 21-A and 21-B—Appeal against acquittal—FIR details in recovery memo—Procedural irregularity—The accused's claim that nothing was recovered from him—The prosecution's case is undermined by the absence of independent witnesses and the questionable circumstances surrounding the recovery of evidence—The inclusion of FIR details on the recovery memo prior to its formal registration further casts doubt on the integrity of the investigation—If the FIR number, section, and date were added later to the recovery memo, a separate memo should have been prepared—Failure to do so raises doubts about the prosecution's case—The investigating officer's failure to act against public persons who refused to join the ...

Penal Code, 1860 (IPC)—Section 375—Criminal Law—Attempt to Rape—Acquittal—Contradictory Testimony—Appeal Against Acquittal Not Justified—In a case arising from an alleged attempt to rape (IPC Sections 376/511) and charges under IPC Sections 341/323/34, the trial court acquitted the respondents due to inconsistencies in the prosecutrix's testimony and affidavits, admitting the complaint was false and rooted in a rent dispute—The Additional Sessions Judge (ASJ) observed contradictions between her initial police statement, Section 164 CrPC statement, and court testimony, as well as the absence of corroborating evidence—The appellate court, citing Maharashtra vs. Sujay Mangesh Poyarekar, reiterated that substantial and compelling reasons are necessary to interfere with an acquittal&mda...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20 and 50—Criminal Procedure Code, 1973—Sectionn 313—Appeal against acquittal—The search authorization form (fardsahmatipatra) before the gazetted officer lacked the accused's signature—The accused was not made aware that the person conducting the search was a gazetted officer—Additionally, the prosecution failed to explain how a notice under Section 50 was given during a traffic check if the raid was conducted to prevent crime—The police's failure to inform their superior under Section 42(2), despite prior knowledge of contraband, further weakens the case—These lapses raise doubts about the recovery of the illicit article, undermining the conviction and sentence—No grounds for interference with the acquittal or...

Protection of Child from Sexual Offences, 2012—Section 5(D) and 6—SC/ST Act, 1989—Penal Code, 1860— Section 363, 366, 376(D)—Appeal against acquittal—The victim was recovered over a month after her alleged abduction—Medical reports found no injuries, and her radiological age was determined to be 19 years—In her initial statement u/s 161 Cr.P.C., she claimed to have married someone voluntarily, despite opposition from her family, and ran away with him—However, in her subsequent statement u/s 164 Cr.P.C., she supported the prosecution's case, alleging she was forcibly taken and married after being drugged—The trial court drew adverse inferences due to her access to a mobile phone, lack of communication with her family, and absence of Call Detail Records (CDR)—The victim w...

Penal Code, 1860—Section 375, 376 and 90—Offence of rape—Appeal against acquittal—Plea of false promise to marry—Prosecutrix aware of family opposition to marriage due to caste difference, lodges complaint against accused for breach of promise to marry. Delay over 2 months in filing FIR weakens prosecution case—The case involves a breach of promise to marry rather than a false promise, making the accused prima facie accountable under civil law—The unexplained delay of over two months in lodging the FIR raises suspicion and undermines the prosecution's case—No interference warranted—Appeal is dismissed. (Breach of promise to marry and false promise to marry, explained) धारा 376, भा०दं०वि०—बलात्कार का अपराध—द...

Penal Code, 1860 (IPC)—Sections 395, 397—Arms Act, 1959, the State appealed against the acquittal of respondents accused of threatening and robbing a bus driver—The appeal challenged the trial court's findings, questioning the identification of the accused and the sufficiency of the evidence—The State argued the case was proven beyond reasonable doubt and that witnesses' identifications were reliable—However, the High Court upheld the trial court's acquittal, citing inconsistencies in witness testimonies and improper conduct of the Test Identification Parade—Emphasizing principles of criminal jurisprudence, the High Court highlighted the presumption of innocence and the prosecution's burden to prove guilt beyond reasonable doubt—The court noted that the trial court's view must ...

 Penal Code, 1860 (IPC)—Sections 363, 366—Acquittal of the accused under sections 363, 366, 376, 323, 324, and 114 of the IPC in Sessions Case No.132 of 1992, the appellate court dismissed the appeal, affirming the trial court's judgment—The prosecution alleged that the accused abducted and raped two victims, but the trial court found insufficient evidence, leading to acquittal—The appellate court noted that one accused had died before trial, and another during the appeal, abating the case against them—Evaluating the evidence, the court found no substantial error or illegality in the trial court's findings, which were based on reasonable views of the facts—Citing precedents, the court emphasized the presumption of innocence and the necessity of clear errors in law or fact to overturn an acq...

(A) Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 378(4)—Cheque dishonour—Appeal against acquittal—Part payment of the amount of cheque was made by the accused to the complainant—While filing the complaint, the complainant did not disclose this fact before the court—The complaint of the cheque would have been maintainable only for the payment of the outstanding amount—Further, The accused has stood as guarantor to the loan—The complaint is dismissed for non-compliance of Section 56 of N.I. Act—Appeal is dismissed. (Para 36 and 37) (B) General Clause Act, 1897—Section 27—Negotiable Instruments Act, 1881—Section 138—Service of notice—Presumption of—Deemed service—U/s 27 of the General Clauses Ac...

(A) Negotiable Instruments Act, 1881—Section 138—Cheque dishonour—Appeal against acquittal— The Complainant has sent a demand notice—The presumption as per Section 139 N.I. Act is in favour of the Complainant—The accused did not rebut the presumption in any manner whatsoever—The order of acquittal is perverse—The impugned order is not being in accordance with law, hence set aside— Appeal is allowed. (Para 25 to 27) (B) Negotiable Instruments Act, 1881—Section 138, 118 and 139—Evidence Act, 1872—Section 114— Presumption—Rebuttal of—Onus probandi—Held, a bare denial of consideration and debt is insufficient to rebut the presumption u/s 118 and 139 of the N.I. Act—The accused must present facts and circumstances that could convince the co...

Negotiable Instruments Act, 1881—Section 138—Dishonour of Cheque—Appeal against acquittal—Appellant, the original complainant, filed a case against the respondent-accused, his wife, for dishonouring a Rs. 7,70,000/- cheque—The trial court acquitted the accused, deeming the cheque issuance a revenge-driven case rather than for a legally enforceable debt—The High Court upheld the acquittal, citing the respondent's probable defence of non-signature and the bank account closure—The High Court further noted the appellant's failure to prove consideration for the cheque, highlighting that the sale deed was not registered but only notarized—The decision underscores the importance of establishing a legally enforceable debt for cheque dishonour cases and the significance of the accused's p...

Customs Act, 1962, Section 135(1)(b)—CrPC, Section 378, Section 482, Section 378(5)—Penal Code, 1860, Section 493, Section 496—Limitation Act, 1963, Section 29(2), Section 5—Appeal against acquittalappeal challenging the Delhi High Court's decision to allow a belated appeal against acquittal under Section 378 of the CrPC, with a focus on the applicability of Section 5 of the Limitation Act, 1963—The appellant argued that Section 5 does not apply to appeals against acquittal, citing the precedent set in Kaushalya Rani v. Gopal Singh (1964) 4 SCR 982—However, the Supreme Court differentiated this case in Mangu Ram v. Municipal Corporation of Delhi (1976) 1 SCC 392, emphasizing that Section 5 applies unless expressly excluded by the special law—The Court also discussed the applicability of Sectio...

Negotiable Instruments Act, 1881—Section 138 and 139—Appeal against acquittal—Rrespondent for dishonoring a cheque worth Rs. 4,50,000/-—The trial court acquitted the respondent, citing the complainant's failure to prove financial capacity and the existence of a legal debt—The trial court accepted the respondent's defense that the cheque was given to a third party and misused by the complainant—The High Court dismissed the appeal, affirming the trial court's decision—The High Court ruled that the respondent successfully rebutted the presumption under Section 139 of the Act by presenting a probable defense—Additionally, the High Court noted the complainant's failure to produce evidence supporting the claim of lending money to the respondent. ...

(A) Criminal Procedure Code, 1973, Section 378—Appeal against acquittal—Criminal jurisprudence—Presumption of innocence in favor of the accused remains steadfast until proven guilty, persisting throughout all stages of the trial and culminating into fact upon acquittal—While orders of acquittal are appealable, the power of the High Court to reassess evidence is a qualified one, particularly in acquittal cases—An acquittal decision should not be overturned merely due to a difference of opinion; instead, illegality or perversity must be demonstrated—The possibility of two plausible views on evidence, known as the "two-views theory," is recognized by courts, but controversies are to be resolved in favor of the accused—If the Trial Court's view in an acquittal case is plausible, the...

Appeal against acquittal—Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 378 (4)—Appeal against acquittal—Filed by complainant—Legality of—Burden is on complainant to prove his financial capacity—Complainant has not only failed to prove his financial capacity—But also through testimony of DW1, the accused has probabilised her defence—Oral and documentary evidence placed on record—Trial Court has come to a correct conclusion that charge leveled against accused are not proved, beyond reasonable doubt and acquitted hr—No justifiable grounds to interfere with conclusions arrived at by trial Court—Order of acquittal confirmed—Appeal dismissed. (Paras 21, 26 and 27) ...

Indian Penal Code, Sections 302, 34—Criminal Procedure Code, 1973, Section 378—Constitution of India, Article 136—Appeal by Prosecution against acquittal—Murder with commom intention of Mother of the Divorced wife, she had been the reason for Divorce is the motive—Trial court convicted—High Court set aside conviction—Thus present appeal—Weapon of crime, namely, the pistol, was recovered from Gurpreet Singh pursuant to his disclosure statement—There is overwhelming evidence, including the statement of S.I. Hari Mittar (P.W.9) to establish the recovery of country-made pistol at the instance of Gurpreet Singh—The recovery of the weapon of crime, along with live cartridges and one empty shell, has been elaborately explained by Hari Mittar (P.W.9) in his cross-examination, which inspi...

Criminal Procedure Code, 1973, Section 378(4)—Negotiable Instruments Act, 1988, Section 138, 139—Appeal against acquittal—The appellant claimed to have paid Rs. 2,07,500 to the respondent for a land deal, with subsequent dishonor of post-dated cheques—The trial court acquitted the respondent, citing lack of corroborative evidence and unreliable testimony—The appellant argued that the respondent failed to rebut the presumption under Section 139 of the NI Act—The court analyzed the appellant's cross-examination, noting inconsistencies and doubts regarding the payment and the appellant's financial capacity—Citing legal precedents, the court emphasized that the accused need only establish a probable defense—The appeal focused on the appellant's failure to provide convincing evidence,...

Criminal Procedure Code, 1973, Section, 164, 372 r/w Section 378—Penal Code, 1860—Section 341/326/307/302/34—Record statements—Appeal against acquittal—Murder trial—Respondents (accused) in a murder trial—The appellant, wife of the deceased, alleges errors in the trial court's handling of consistent statements made under Section 164 Cr.P.C—Despite the primary eyewitness, P.W.3, initially naming the respondents and later turning hostile, the appellant argues that the trial court overlooked critical inconsistencies and failed to present the statements recorded under Section 164 Cr.P.C— The respondents assert a lack of evidence and highlight contradictions in statements—The court acknowledges the discrepancies, particularly in P.W.6's statements, affirming the acquittal&mdas...

Negotiable Instruments Act, 1881 — Section 118, Section 138, Section 139—General Clauses Act, 1897 — Section 27—Evidence Act, 1872 — Section 63, Section 65, Section 114—Acquittal—Dishonor of post-dated cheque—Unclear evidence—Non-service of notice—Pertains to an appeal challenging the acquittal in a Section 138 NI Act case involving the dishonor of post-dated cheques—The appellant asserts a loan of Rs. 4,00,000 and presents an acknowledgment letter and postal receipts—The trial court acquitted the drawer, citing unclear evidence and non-service of notice—The Supreme Court underscores the importance of notice service, invoking the presumption under Section 27 of the General Clauses Act—The appellant's failure to conclusively prove notice service, coup...

Narcotic-Drugs and Psychotropic Substances Act 1985—Section 15—Cr.P.C. Section 378(3)—Penal Code, 1860—Sections 279, 337, 304-A, 420, 468 and 471—Appeal against acquittal—Insufficient evidence—Multiple charges, including NDPS Act violations and IPC offenses—The prosecution's case relies on eyewitnesses and recovery of contraband from a car allegedly involved in an accident—The court observes key discrepancies, such as eyewitnesses turning hostile and contradictions in statements about the recovery—It notes procedural lapses, including the delayed submission of samples to the FSL, and emphasizes the failure to prove the actual registration number of the car—Concluding that the prosecution falls short of proving guilt beyond a reasonable doubt, the court dismisses the app...

Penal Code, 1860—Sections 376, 366 and 368 — Criminal Procedure Code, 1973—Sections 82(2) and 374—Appeal against acquittal—Bailable warrants—Explores procedural complexities in hearing an appeal against acquittal in the absence of a proclaimed offender—It discusses conflicting views from High Courts on the necessity of serving notice to the accused— Emphasizing the nuances of legal proceedings, it also refers to relevant sections of the Criminal Procedure Code and a Supreme Court case (Bani Singh & Ors. vs. State of U.P.), highlighting the importance of hearing the appeal on its merits, even in the absence of the appellant or their counsel—The document ultimately addresses the need for serving notices to respondents in appeal cases. ...

Negotiable Instruments Act, 1881, Section 138, 141—Criminal Procedure Code, 1973, Section 378(4)(3)—Appeal against acquittal—Dishonored cheque—Insufficient funds—The complainant, a company, alleged that the accused, the director of another company, purchased goods from them and issued a cheque which later bounced due to insufficient funds. The complainant served a legal notice, but the accused did not respond satisfactorily, leading to a criminal complaint. The lower court acquitted the accused, claiming that the complaint was not maintainable. The appellant argued that the acquittal was based on an erroneous interpretation of the law. However, the court dismissed the application for special leave to appeal, stating that the failure to join the company as an accused was fatal to the proceedings...

Evidence Act. 1872 - Section 25—Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Sections 20, 28, 29, 53 and 67—Court held that officers authorized under Section 53 of the NDPS Act are considered "police officers" under Section 25 of the Evidence Act. Thus, any confessional statement made to them is barred under Section 25 of the Evidence Act and cannot be used for conviction under the NDPS Act. Additionally, a statement recorded under Section 67 of the NDPS Act cannot be treated as a confessional statement. The court also noted a significant delay in registering the FIR, which raised concerns about the handling of the case. Ultimately, the trial court's acquittal was upheld, and the appeal was dismissed. ...

(A) Negotiable Instruments Act, 1881 (NI)—Sections 138 and 139—Dishonour of cheque—Appeal against acquittal—When the accused provides evidence convincing the court that there is no debt or liability as claimed in the complaint, the burden of proof shifts to the complainant—The complainant is then obligated to prove the existence of the debt as a matter of fact, and if they fail to do so, their complaint may be dismissed—Importantly, once this shift occurs, the presumption under Section 139 of the Negotiable Instruments Act no longer supports the complainant. (B) Negotiable Instruments Act, 1881 (NI)—Sections 138 and 139—Dishonour of cheque—Appeal against acquittal—Once both parties present their evidence, the court must evaluate it, and the burden of proof loses significance&m...

Evidence Act, 1872 - Section 145—Penal Code, 1860 (IPC) - Sections 364-A, 365, 386, 379 and 307 read with Section 34—Appeal against acquittal —Appeal against acquittal where the trial court's view is a possible one, even if it may not be the "more probable one," the appellate court should not ordinarily interfere. In this case, where the charges include abduction, assault with a pistol butt, and an attempted strangulation, the order of acquittal is upheld. B. When cross-examining a witness regarding previous statements in writing, the defense must draw the witness's attention to the specific part of the statement intended for contradiction. If the witness admits to having made such statements before the police, there is no need to prove the police statement, and it can be considered during the c...

Penal Code, 1860 (IPC)—Section 34, Section 120B, Section 342, Section 344, Section 363, Section 366, Section 376, Section 377, Section 506, Section 506(ii)—Criminal Procedure Code, 1973 (CrPC)—Section 156(3), Section 161, Section 164, Section 313, Section 378(1)—Appeal against acquittal—Rape—Respondents in a case involving charges of rape and related offenses—Prosecution alleged that the victim was raped and forcibly confined, but there were inconsistencies in her statements, and she had eloped and married one of the accused—Court found that the prosecution failed to establish its case, and the respondents were acquitted—Leave petition was dismissed for lack of merit. ...

A. Penal Code, 1860—Section 307, 352, 323, 504, 354 r/w 34—Cr.P.C., 1973—Section 372—Appeal against conviction—From perusal of the Fard Bayan, it is found that general and omnibus allegation of assault has been made against the accused individuals—It was only during the trial the prosecution witnesses disclosed the names of the accused individuals who had allegedly assaulted whom—The assertions of witness sustaining injuries and engaging in indecent and shameful acts with his mother and wife are highly inconsistent with the circumstances described—Within the realm of criminal law, vague, contradictory, and uncorroborated statements cannot be relied upon, much less than forming the basis of conviction—No evidence of independent witness was recorded—The appellant did not have ...

Negotiable Instruments Act 1881—Sections 138, 141, and 142(b) and Section 27—General Clauses Act—the accused was acquitted due to a four-day delay in filing the complaint—The complaint was based on a subsequently sent notice via U.P.C.—unclaimed by the accused—While the trial court calculated the delay from an initial R.P.A.D. notice on 31/03/2003—The appellant hadn't requested delay condonation—The court deemed this prosecution quasi-civil and allowed the appellant an opportunity for condonation, imposing a Rs. 5,000 cost. If delay condonation occurs, no fresh evidence is needed. ...

Appeal against acquittal—Penal Code, 1860—Section 376(m), 201 and 506(2)—Criminal Procedure Code, 1973—Section 372—Offence of Rape—Appeal against acquittal—Allegation of committing rape using the tip of a knife—Delayed FIR—The accused of the offence is none else but a close third-generation cousin—There is a property dispute between the two families—No knife, at the point of which alleged offence is committed, either discovered or recovered from accused—The victim admitted strained relations between two families—There is  a major discrepancy with regard to the time of the incident—The prosecitrix appears to have not raised any shout if at all incident occurred during the day time—She admitted no history of even physical relations with anyone els...

Appeal against acquittal — Penal Code, 1860 (IPC) — Section 302/149 — Murder — Appeal against acquittal — The case would certainly fall within first part of Section 149 IPC. As per first part of Section 149 IPC if an offence is committed by any member of unlawful assembly in prosecution of the common object of that assembly, every person who, at the time of that offence, is a member of the same assembly, is guilty of that offence — In view of the above facts and circumstances of the case the High Court has seriously erred in observing that no case is made out to invoke Section 149 IPC. — As per the medical opinion and the deposition of doctor the death occurred due to injury from the shock of wound at spinal bone of neck — Though the injury no.9 was caused by the accused Bhupendra Singh as o...

Penal Code, 1860 (IPC)—Sections 148, 149, 323, 324, 307, 302 and 506—Murder—Appeal against acquittal—Case involves an appeal against the acquittal of respondents in a criminal case—The respondents were charged with attacking the deceased, who later died in the hospital—The trial court acquitted them due to doubts about the prosecution's case—The High Court upheld the acquittal—The Supreme Court emphasized the importance of the presumption of innocence in favor of the accused and stated that a reversal of acquittal should only occur if the trial court's decision is unreasonable or perverse—Since there was no such error in this case, the appeal was dismissed. ...

Penal Code, 1860 (IPC)—Section 302 read with section 34—Murder—Common intention—Appeal against acquittal—Case, the State of Madhya Pradesh appealed against the acquittal of Jad Bai, who was initially convicted for her involvement in a murder—The High Court had acquitted her due to a lack of proof regarding common intention—The Supreme Court reviewed the evidence and found that her active participation and common intention were established, overturning the acquittal and reinstating her original conviction—Jad Bai was directed to surrender and serve the remaining sentence. ...

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 24(2)—Lapse of acquisition proceedings—Appeal against—High Court of Delhi that declared that land acquisition proceedings under the Land Acquisition Act, 1894, had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—The Supreme Court noted that the High Court had relied on a now-overruled decision and applied the law established in a subsequent case—Consequently, the Supreme Court allowed the appeal and set aside the High Court's judgment. ...

Penal Code, 1860 (IPC)—Sections 302 r/w 34—Murder—Appeal against Acquittal—In an appeal challenging the acquittal of the accused in a murder case, it is crucial to consider the key elements of the case. The absence of established proof regarding the recovery of the weapon used should not be deemed an automatic ground for acquittal. The presence of direct eyewitness evidence can outweigh the necessity for weapon recovery in establishing guilt—The recovery of the weapon employed in the commission of the offense is undoubtedly significant, but it should not be treated as an absolute prerequisite for convicting the accused. When there exists clear and direct evidence in the form of eyewitness testimony, the absence of weapon recovery should not serve as a bar to conviction—Furthermore, minor contradictions ...

Criminal Procedure Code, 1973 (CrPC)—Section 482—Wild Life (Protection) Act, 1972—Sections 2, 9, 39A, 49A and 51— Possession of Indian Flap Shell Turtle —Person hunts any wild animal listed in Schedule I to IV without permission, it constitutes an offense punishable under Section 51 of the Act—In this specific case, the Veterinary Surgeon identified the Turtle as the "Indian Flap Shell (Lissemy’s Punctata)," while the Turtle listed in Part II of Schedule I of the Act is the "Indian Soft-shelled Turtle (Lissemys punctata punctata)." Lissemys punctata is a species, and Lissemys punctata punctata is a subspecies. Although Lissemys punctata is included in Part II of Schedule I of the Act, the Turtle seized in this case does not fall under that specific subspecies—Furthermore,...

Criminal Procedure Code, 1973 (CrPC)—Section 386—Appeal against Acquittal—Witness Credibility and Lack of Corroborative Evidence—In this case, the Trial Court acquitted the accused, finding the prosecution failed to prove its case beyond reasonable doubt—The key witness (PW-2) gave inconsistent testimony, conflicting with his earlier statements, and admitted no other individuals were present during the alleged incident—The doctor's testimony (PW-4) corroborated injuries to the complainant (PW-2) but did not link them conclusively to the accused or the weapons described—Additionally, no weapons or blood-stained clothes were recovered to support the prosecution's claims—The appellate court, upon re-evaluating the evidence, upheld the Trial Court's judgment, emphasizing the unreliab...

Criminal Procedure Code, 1973 (CrPC)—Section 313—Appeal against acquittal—Indian Penal Code, 1860 (IPC)—Sections 325, 326—Evidence—Corroboration—Inconsistencies—Benefit of doubt—In an appeal challenging acquittal for offenses under IPC Sections 325 and 326, the court upheld the trial court’s decision—The prosecution's case, based on the injured complainant's testimony (PW-2), was found lacking corroborative evidence, such as independent witness statements or material exhibits (e.g., blood-stained clothes, weapons)—Inconsistencies in the complainant's account, absence of medical records from the initial hospital visit, and failure to produce crucial witnesses weakened the case—The trial court applied the principle of benefit of doubt, acquitting the a...

(A) Negotiable Instruments Act, 1881, Sections 138 and 139—Dishonour of cheque—Appeal against acquittal—An application for leave to appeal dismissed by High Court—The accused has admitted the issuance of the cheques and his signature—The cheque in question was issued for the second time, after the earlier cheques were dishonoured—There  is a presumption u/s 139 of the N.I. Act that there exists a legally enforceable debt or liability—To rebut the presumption the accused was required to lead the evidence that full amount due and payable to the complainant has been—In the present case, no such evidence has been led by the accused—It appears that both, the Learned Trial Court as well as the High Court, have committed error in shifting the burden upon the complaina...

Guardians and Wards Act, 1890, Sections 12, 47—Family Courts Act, 1984 - Section 19—Interim orders—Appeal against—Maintainability of—Held, the plain reading of the provisions of the Act 1890, reflect that an order passed u/s 12 of the said act is an interlocutory order and hence, an appeal is barred by section 47 of the G & W Act—Nowhere was it intended by the legislature to bring an appeal u/s 19(1) of the Family Courts against an order passed u/s 12 of the G & W Act nor does the G & W Act provide for an appeal against order passed u/s 12 of the G & W Act—The present appeal is dismissed, being not maintainable—Liberty is granted to the appellant, take appropriate recourse in accordance with law.(Paras 25 to 28) ...

Indian Penal Code, 1860, Sections 304B and.498A—Dowry Prohibition Act, 1961, Sections 3 and 4.-Code of Criminal Procedure, 1973, Section.378(1) and 378(3)—Appeal against acquittal—On the ground the Court below failed to consider both oral and documentary evidence —Held, there are material contradictions for having paid the dowry amount and gold articles—No corroboration in the evidence of P.Ws.1 to 3 for having paid the dowry amount—The evidence of the prosecution is contrary to each other—There is no any iota of evidence before the Court that after the marriage, there was harassment to the deceased—No error committed by the Court below in appreciating the evidence—No merit in the appeal—Appeal is dismissed. (Paras 36 to 40)...

Negotiable Instruments Act, 1881, Sections 138 and 139— Dishonour of Cheque—Presumption under—Appeal against acquittal— Leave to appeal—The evidence of the complainant-victim-prosecution itself, accused has raised a probable defence and hence, the judgment passed by court below which has taken plausible view, needs no interference—Hence, leave to appeal is declined—Petition dismissed. (Para 8) Result: (dismissed)   ...

Indian Penal Code, 1860, Sections 498A and 304B—Dowry Prohibition Act, 1961—Dowry death—Burden to prove—Appeal against acquittal—Held, the burden on the prosecution to substantiate the ingredients of the two offences by direct and convincing evidence so as to avail the presumption engrafted in Section 113B of the Evidence Act against the accused—If the prosecution fails to prove by cogent and persuasive evidence to prove the ingredients of dowry demand and cruelty there for, the accused cannot be held guilty for the offences under Sections 304-B and 498-A I.P.C.—In present case, the prosecution has failed to establish that the deceased was subjected to cruelty for dowry death soon before her death—No error committed by trial court—Appeal is here by dismissed.(Para 13)...

Criminal Procedure—Appeal against Acquittal—Indian Penal Code, 1860—Sections 342, 354(A), 506—Appreciation of Evidence—Contradictions in Prosecution Case—No Interference Warranted—The prosecution alleged wrongful confinement, criminal intimidation, and outraging the modesty of a woman inside the accused’s house—However, the very inception of the incident was found to be clouded by suspicious circumstances—The complainant (PW-1) gave inconsistent versions—first stating that the accused called her while she was fetching water and later asserting he called her to his house when she visited his shop—No re-examination was conducted to clarify these material contradictions. The testimony of key prosecution witnesses (PWs 1, 2, 4, and 5) lacked consistency and credibility...

Indian Penal Code,1860, Sections 498-A and 302—Conviction—Appeal against—Material witnesses have not supported the case of the prosecution turned hostile—Close relatives have not supported the case—Court below after considering the evidence of the hostile witnesses, convicted the accused—Held, if there are serious infirmities in the dying declaration, then under such circumstances, it is unsafe to base the conviction of the accused solely on such dying declaration—Serious infirmities in the dying declaration—Unsafe to rely upon the same and convict the accused—Case not proved against accused beyond reasonable doubt—Benefit of doubt should be given to the accused—Appellant/accused is acquitted of the charges levelled against him—Appeal allowed.(Para 10, 13, 15, 17)...

Penal Code, 1860—Sections 147, 148, 149, 342, 448, 325, 326, 436, 379, 307 and 302—Criminal Procedure Code, 1973—Section 378—Murder, attempt to murder, theft and other offence—Appeal against acquittal—Appellant appealed against their acquittal on charges including murder, attempt to murder, theft, and other offenses—The Supreme Court found that the witnesses' presence at the scene was not seriously doubted, and their overall evidence appeared consistent and untainted—The Court held that the High Court had failed to properly consider critical evidence related to murder, attempt to murder, house burning, and other vital issues—As a result, the Court set aside the impugned order and remitted the matter to the High Court for a proper consideration of the revision petition on its merits...

Narcotic Drugs and Psychotropic Substances Act, 1985, involving Sections 8(c) and 20(b)(ii)(c), an appeal against the acquittal of the respondent was considered—The prosecution's case relied heavily on the alleged recovery of narcotics from the respondent, but it failed to prove this fact beyond reasonable doubt, as independent witnesses presented a different version of the recovery and seizure—The court emphasized that the statement of an official witness alone cannot be the sole basis for convicting the respondent—When the official witness's statement is fraught with infirmities, it is unsafe to rely on it, and the order of acquittal was upheld. ...

Criminal Procedure Code, 1973 (CrPC)—Section 157, Section 313—Dowry Prohibition Act, 1961—Section 3, Section 6—Passage underscores the caution required when overturning an acquittal, emphasizing that unless the trial court's view is perverse, it should not be disturbed. In a case involving Section 304 Part II of the Penal Code, the High Court reversed acquittal due to a dying declaration, implicating the appellant in dowry-related culpable homicide. The doctor's credible testimony and a minor discrepancy in the declaration's timing were deemed inconsequential. The appellant's motive, wanting property in the deceased's name, added weight. The High Court's interference was justified, leading to the appeal's dismissal. The Evidence Act's Section 32(1) highlights the importance of a trut...

Criminal Procedure Code, 1973 (CrPC)—Section 313—Appealing against an acquittal, there are limitations to be considered. Interfering with an order of acquittal is generally restricted. However, in exceptional cases where compelling circumstances exist, and the judgment under appeal is deemed perverse, an appellate court may intervene. It is crucial for the appellate court to keep in mind the presumption of the accused's innocence and the fact that acquittal by the lower court strengthens this presumption. Routine interference, especially when an alternative view is possible, should be avoided unless there are substantial and justifiable reasons for doing so. ...

Penal Code, 1860 Section 302—Criminal Procedure Code, 1973—Section 378—Appeal against acquittal In criminal appeals, the appellate court should refrain from setting aside a judgment of acquittal merely when two plausible views exist, unless the trial court neglected admissible evidence or misapplied the burden of proof—The appellate court must scrutinize whether the trial court considered all relevant evidence and bear in mind the presumption of the accused's innocence, reinforcing it— Circumstantial evidence must cogently establish guilt, and the absence of motive in such cases favors the accused— Presumption of innocence is a fundamental human right, demanding caution to prevent unjust convictions—Statutory provisions establishing a presumption of guilt should align with constitutional ...

Penal Code, 1860 (IPC)—Section 148, Section 149, Section 302, Section 324—Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 313—Appeal Against Acquittal—Reappraisal of Evidence: In a case arising from the 1995 Mandal elections in Gadiparthivaripalem village, where the deceased was attacked and killed, the trial court acquitted the accused based on perceived inconsistencies in eyewitness testimony and medical evidence—On appeal, the High Court deemed the trial court's judgment perverse, emphasizing the consistency of eyewitness accounts with medical findings—The Supreme Court, while acknowledging the rarity of interference in acquittals, upheld the High Court's intervention, holding that the discrepancies in witness statements were not substantial and did not undermine the overall v...

Prevention of Corruption Act, 1988—Section—11, 13(2), 13(1)(d)—Accused, charged with demanding a bribe, was acquitted as the court found apparent rivalry and substantial rancor between the complainant and the appellant—The complainant, a beneficiary, had approached the Anti Corruption Bureau, but evidence revealed a history of financial dispute and altercations—A trap was set, resulting in the accused's arrest with tainted money—However, the court concluded that the concoction of a false story, using the loan repayment as a pretext, was influenced by the significant animosity between the parties—The appeal was allowed, emphasizing the lack of credibility in the prosecution's case. ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 15, Section 50, Section 55—Appeal challenges the Punjab and Haryana High Court's acquittal of the respondent, initially convicted under Section 15 of the NDPS Act for possessing a significant quantity of poppy husk—The prosecution's case involved a raid based on secret information, resulting in the recovery of poppy husk from bags, leading to the respondent's arrest—The High Court cited the absence of independent witnesses and purported violations of Section 50 and Section 55—The Supreme Court held Section 55 as directory, found no prejudice in the higher-ranking officer sealing the evidence, and rejected Section 50's applicability—The acquittal was deemed unsustainable, restoring the trial court's conviction and sen...

Penal Code, 1860 (IPC)—Section 302—Supreme Court dismissed the appeal challenging the Division Bench of the Andhra Pradesh High Court's judgment directing the acquittal of the respondent who faced trial for offenses under Section 302 of the Indian Penal Code—The accused was found guilty by the trial court and sentenced to life imprisonment—The prosecution relied on two dying declarations recorded by a Magistrate and a police official—The High Court, observing variations between the two declarations regarding the manner in which the deceased was set on fire, held that the conviction was not sustainable—The State contended that the variations were not significant, and the High Court should not have discarded the subsequent dying declaration—However, the Supreme Court held that the High Court'...

Criminal Procedure Code, 1973 (CrPC)—Section 161—Appeal against acquittal—Appeal challenges an acquittal, seeking interference based on compelling reasons, asserting that the impugned judgment is unreasonable, omitting relevant material—The case involves murder charges, where an injury on the accused lacked explanation—The prosecution's evidence, though credible, faces scrutiny due to an illogical motive, lack of support from independent witnesses, and non-examination of individuals listed in the FIR—The alleged dying declaration, unrecorded by a Magistrate despite the deceased's death four days later, remains unexplained—The High Court's acquittal, influenced by doubts arising from the unexplained injuries on one of the accused, is deemed justified, and no interference is warranted. ...

Constitution of India, 1950—Article 136—Criminal Procedure Code, 1973—Section 378—Penal Code, 1860 (IPC)—Section 201, Section 302, Section 34—Appeal against acquittal—Re-appreciation of evidence is warranted when lower courts overlook admissible evidence—Interference with acquittal is justified if relevant material is unjustifiably disregarded—However, if the acquitted verdict is supported by sound reasons and lacks infirmity, setting it aside is unwarranted—Judicial scrutiny must ensure fair consideration of all pertinent evidence before altering acquittal decisions. ...

Evidence Act, 1872—Section 3—Penal Code, 1860 (IPC)—Section 161, Section 165—Prevention of Corruption Act, 1947—Section 4, Section 4(1), Section 5(1), Section 5(2)—Criminal Procedure Code, 1973 (CrPC)—Section 394(2)—"Illegal Gratification—Legal Presumption under Section 5(2)—Accused found accepting money from complainant—Positive finding by lower courts—Legal presumption drawn against accused—Plea of false implication and denial insufficient to rebut presumption—Accused's claim of accepting money for a superior not material—Rejection of evidence based on interestedness not proper—High Court rightly set aside acquittal—Re-appreciation of evidence permissible in appeal against acquittal—Sufficiency of police witness—Pre...

Constitution of India, 1950—Article 136—Penal Code, 1860 (IPC)—Sections 300, 394, 397—Evidence Act, 1872—Section 9—An appeal against acquittal for the offense of robbery with murder, the High Court's failure to consider the testimony of injured eye-witnesses, who were assaulted during the incident, was noted—The accused had not participated in the Test Identification Parade (TI Parade)—The State's argument that the accused's denial of participation in TI Parade barred a grievance about identification in court was rejected—The omission by the High Court to consider relevant and convincing material was deemed a compelling reason, leading to the direction to set aside the order of acquittal. ...

Criminal Procedure Code, 1973 (CrPC)—Section 161—Penal Code, 1860 (IPC)—Section 302—"Appeal against Acquittal—Division Bench Reversal—Homicide Conviction Upheld—Dispute Over Property Share—Appellant Demands Half Share—Angry Response Leads to Murder—Eye-Witness Alarm Heard by Witnesses—Blood-Stained Axe and Clothes—Appellant's Admission at Police Station—High Court Scrutiny—Conviction Sustained." ...

Criminal Procedure Code, 1973 (CrPC)—Section 372, Section 373, Section 374, Section 375, Section 376, Section 377, Section 378, Section 379, Section 380, Section 381, Section 382, Section 383, Section 384, Section 385, Section 386, Section 387, Section 388, Section 389, Section 390, Section 391, Section 392, Section 393, Section 394, Section 417, Section 418, Section 423, Section 423(1)—Penal Code, 1860 (IPC)—Section 143, Section 147, Section 148, Section 149, Section 302, Section 323, Section 324, Section 447—Appeal challenges the acquittal of the accused in a murder case. The High Court set aside the Trial Court's acquittal, but the Supreme Court holds that the Trial Court's view favoring the accused, based on possible interpretations of the evidence, should not be disturbed. The prosecution failed to exa...

Penal Code, 1860 (IPC)—Section 302, Section 304, Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal pertains to a case under Section 304 Part II and Section 34 of the Indian Penal Code. The issue centers around the appeal against acquittal, emphasizing the principle that if two plausible views exist—one indicating guilt and the other innocence—the one favoring the accused should be adopted. The Criminal Procedure Code's Section 378 allows appeals against acquittals, emphasizing the prevention of miscarriage of justice. In this case, the High Court, considering the incredibility of a child witness and inconsistencies in the FIR, rightly concluded that the accusation was not proven. The appeal was dismissed, affirming the importance of preventing miscarriage of justice. ...

Penal Code, 1860 (IPC)—Section 148, Section 149,—Arms Act, 1959—Section 27—Constitution of India, 1950—Article 21—Criminal Procedure Code, 1973 (CrPC)—Section 157, Section 161,—Against acquittal, has the discretion to review the entire evidence to ascertain whether the trial court's view is perverse or legally flawed—The appellate court may consider whether the trial judge failed to account for admissible evidence, considered evidence contrary to the law, or improperly placed the burden of proof—In a case involving a firing incident under IPC Section 300, the prosecution witnesses claimed the appellants and the deceased were standing, with only appellant No. 1 firing a shot—However, medical evidence suggested an upward-to-downward direction of injury, indicating that th...

Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal against acquittal—State of Uttar Pradesh challenged the common judgment of the High Court at Allahabad, Lucknow Bench, in Criminal Appeal Nos. 590, 598, and 601 of 1979, wherein the respondents, appellants before the High Court, were convicted under Sections 302/149, 148 IPC, 324/149 IPC by the VII Addl. Sessions Judge, Hardoi—The High Court allowed the appeals on July 31, 1995, overturning the convictions—The incident, dated January 29, 1978, involved an attack on Hira Singh, resulting in his death—Four eyewitnesses' testimony was crucial for the prosecution, but the High Court deemed them unreliable, citing recorded infirmities—The Supreme Court, after reviewing the judgment, found the High Court's evaluation reasonable and no...

Penal Code, 1860 (IPC)—Section 148, Section 302, Section 304, Section 307—Trial court acquitted them due to insufficient evidence—However, the High Court convicted the appellants under Section 304 Part II and Section 323 IPC. Discrepancies in witness testimonies, contradictions in statements, and changes in the versions presented during trial and in the first information report were observed by the trial court, leading to doubts about the reliability of the evidence—The court noted inconsistencies and lack of corroboration with medical evidence, ultimately concluding that the prosecution failed to establish the case beyond a reasonable doubt—The appeal challenges the High Court's decision and seeks acquittal for the appellants. ...

Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal against acquittal—Reversal of finding—Prosecution's case involved an incident where the appellants allegedly assaulted and killed the deceased—The trial court doubted the credibility of eyewitnesses and acquitted the appellants—However, the High Court overturned the acquittal, convicting all appellants under Sections 147 and 302 read with Section 149 IPC—The Supreme Court, upon reviewing the case, upheld the conviction of appellant No. 6 (Ramjilal) under Section 302 IPC. However, it set aside the conviction of appellants 1 to 5 under Section 302 IPC, ruling that there was no evidence of a common object to invoke Section 149 IPC—The conviction of all appellants under Section 147 IPC was upheld, and appellants 1 to 5 were sentenced to...

Criminal Procedure Code, 1973 (CrPC)—Section 379—High Court cannot interfere with an acquittal if the reasons given by the trial court are good and sturdy—In a case involving dacoity with murder, where the incident occurred at midnight and the identification of the accused was questionable, the court held that the guilt of the accused was not proved beyond a reasonable doubt—The prosecution failed to establish the names of the accused in the papers prepared by the investigating officer, and there were significant flaws in the evidence—The court emphasized that a criminal court cannot deprive the accused of liberty without a reasonable level of certainty about their guilt—As doubts persisted about the involvement of the accused, their acquittal was maintained. ...

Penal Code, 1860 (IPC)—Section 302, Section 304—State appealed against the acquittal of the respondent under Section 302 IPC, where he was convicted under Section 304 Part I IPC and sentenced to seven years of rigorous imprisonment—The High Court found that the incident occurred spontaneously without a motive, involving a single blow in a sudden quarrel between the respondent and the deceased—Considering all circumstances, the High Court upheld the conviction under Section 304 Part I IPC—The Supreme Court, finding no error in the High Court's decision, dismissed the appeal. ...

Terrorist and Disruptive Activities (Prevention) Act, 1987—Section 5—Arms Act, 1959—Section 25, Section 39—Appeal against acquittal—Accused found in possession of gun and cartridges in notified area under TADA Act—Designated Court acquitted accused due to absence of sanction under Arms Act—State appealed against acquittal—Court finds Designated Court's reasoning erroneous—However, evidence lacks proof of gun's working condition and cartridges being live—Absence of forensic report or evidence from Central Forensic Scientific Laboratory—Entry in Malkhana register insufficient to establish possession of working gun and live cartridges—Accused acquitted on merits—Appeal dismissed. ...

Penal Code, 1860 (IPC)—Section 120B, Section 342, Section 376, Section 506—State of Maharashtra filed appeals against the acquittal of the accused by the High Court of Bombay in a case involving charges under Sections 120B, 376, 342, and 506 of the Indian Penal Code—The trial court convicted the accused based on the testimony of two witnesses, but the High Court found inconsistencies and improbabilities in their evidence, leading to the acquittal of the accused—Upon review, the Supreme Court observed discrepancies in the prosecution's version and noted the lack of injuries consistent with the alleged assault—Considering the weaknesses in the prosecution's case, the Supreme Court upheld the High Court's decision, concluding that it was reasonable and required no intervention—Consequently, the...

Penal Code, 1860 (IPC)—Section 100, Section 96, Section 99—Acquittal Dismissed in Self-Defence Case—Acquittal where the accused were initially convicted under various sections including S. 148, 302, and 379 IPC. The prosecution alleged that the accused attacked the deceased over land disputes, resulting in fatalities—However, the High Court acquitted the accused, finding discrepancies in the prosecution's version and accepting the plea of self-defence raised by the accused—The prosecution failed to explain injuries on one of the accused, and eyewitness testimonies were deemed unreliable due to bias—The court emphasized that the burden on the accused to prove self-defence is not as stringent as proving guilt beyond reasonable doubt—Considering the plausible nature of the accused's plea and ...

Arms Act, 1959—Section 25, Section 25(1)—Penal Code, 1860 (IPC)—Section 302, Section 324, Section 34—State of U.P. filed appeals against the acquittal of Jamshed and Kanwar Khan by the High Court of Allahabad for the murder of Ram Singh—The prosecution's case rested on the testimony of PWs and circumstantial evidence—The trial court convicted Jamshed of murder and Kanwar Khan of abetment, while the other accused were acquitted—The High Court acquitted all accused, citing alleged discrepancies in the prosecution's case—The Supreme Court, however, found the prosecution's evidence credible and the High Court's reasoning flawed—It upheld Jamshed's conviction under IPC §302 and Arms Act §25, and Kanwar Khan's conviction under IPC §324, modifying his se...

Criminal Procedure Code, 1898 (CrPC)—Sections 439, 164—Appeal against acquittal—Evaluation of evidence.—In the case concerning the appellant's acquittal for the alleged murder of his brother Bharpur Singh, the High Court of Punjab and Haryana overturned the acquittal based on a revision application under Section 439 CrPC—The High Court directed a retrial, emphasizing the trial court's error in not considering Hazura Singh's statement under Section 164 CrPC—However, the Supreme Court reinstated the acquittal, highlighting that a statement under Section 164 CrPC is not substantive evidence but can corroborate or contradict a witness's statement—The Sessions Judge had disbelieved key witnesses, finding their testimonies untrustworthy—The Supreme Court noted that the High Court m...