June 2018

Attempt to Murder—Cruelty to Wife— Merely shifting of the victim from private hospital to Civil Hospital cannot be treated as device to let her die with mala fide intention.

By | June 12th, 2018|Acquittal|

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Criminal Breach of Trust-Forgery-Acquittal–Allegation that accused person projected himself as President of club and operated bank accounts of club for personal use and thus mis-appropriated the funds-Accused acquitted

By | June 11th, 2018|Acquittal|

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It does not appeal to reason 10/15 persons attacked the house while armed with iron rods and barchhies apart from firearm but they could not cause any injury to the complainant or his son-Acquittal on improbability of story upheld

By | June 11th, 2018|Acquittal|

Comments Off on It does not appeal to reason 10/15 persons attacked the house while armed with iron rods and barchhies apart from firearm but they could not cause any injury to the complainant or his son-Acquittal on improbability of story upheld

Murder–Gun Shot Injury-Acquittal- Attempt to Murder—Recovery of empty and live cartridges of gun of different specifications other than gun which was attributed to petitioner—Acquittal upheld

By | June 11th, 2018|Acquittal|

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Indian Penal Code, 1860, S.302–Murder–Non-recovery of material objects–Administration of Poison-Acquittal-Prosecution has proved that deceased died due to intake of liquor which contained poison—However, prosecution failed to recover the material evidence i.e. liquor bottle and its residue as well as steel tumbler which allegedly contained poison

By | June 5th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.302–Murder–Non-recovery of material objects–Administration of Poison-Acquittal-Prosecution has proved that deceased died due to intake of liquor which contained poison—However, prosecution failed to recover the material evidence i.e. liquor bottle and its residue as well as steel tumbler which allegedly contained poison

Indian Penal Code, 1860, S.376–Rape–False promise to marry—Consenting Party–Acquittal-Prosecutrix was already married and well settled by drawing a good salary-Prosecutrix without getting her first marriage dissolved insisted upon getting married to accused, who is younger than prosecutrix

By | June 1st, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.376–Rape–False promise to marry—Consenting Party–Acquittal-Prosecutrix was already married and well settled by drawing a good salary-Prosecutrix without getting her first marriage dissolved insisted upon getting married to accused, who is younger than prosecutrix

Indian Penal Code, 1860, S,378—Rape—False Promise to Marriage-Acquittal–Prosecutrix complained that accused (relative of her deceased husband) developed physical relations with her on promise to marry

By | June 1st, 2018|Acquittal|

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May 2018

Indian Penal Code, 1860, S.307 & S.326–Attempt to Murder-Grievous Hurt-Acquittal–Fight between college students—IO deposed that neither any recovery was effected from accused person nor any material was collected during investigation that they has caused any injury

By | May 24th, 2018|Acquittal|

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Murder–Delay in lodging FIR–Acquittal–No explanation given by the complainant to explain the delay of about one month in filing of the complaint—Accused acquitted.    

By | May 22nd, 2018|Acquittal|

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Accused dashed its car into back of motorcycle and occupants of motorcycle fell into ditches-Allegation that it was done with intention to kill-Held; the minor damage to the motorcycle of the victim as well as the car of accused do not suggest that he had any intention of causing the death of the victim and his daughter

By | May 22nd, 2018|Acquittal|

Comments Off on Accused dashed its car into back of motorcycle and occupants of motorcycle fell into ditches-Allegation that it was done with intention to kill-Held; the minor damage to the motorcycle of the victim as well as the car of accused do not suggest that he had any intention of causing the death of the victim and his daughter

Identification of Accused—It is certainly not safe to record conviction solely on the statement of who identified the accused for the first time in the Court.

By | May 22nd, 2018|Acquittal|

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Murder—Last seen together—The time of death was estimated to be between two to four weeks prior to the recovery of the body-Therefore, conviction cannot be based on mere circumstance that the appellant and deceased were last seen together—Accused acquitted.

By | May 4th, 2018|Acquittal|

Comments Off on Murder—Last seen together—The time of death was estimated to be between two to four weeks prior to the recovery of the body-Therefore, conviction cannot be based on mere circumstance that the appellant and deceased were last seen together—Accused acquitted.

April 2018

Rape–AcquittaI-As per medical report there were no marks of any struggle/resistance being offered by the prosecutrix or the prosecutrix suffering any injury on her body or on private parts possibility of the prosecutrix having consensual sex with appellant cannot be ruled out-Accused acquitted

By | April 29th, 2018|Acquittal|

Comments Off on Rape–AcquittaI-As per medical report there were no marks of any struggle/resistance being offered by the prosecutrix or the prosecutrix suffering any injury on her body or on private parts possibility of the prosecutrix having consensual sex with appellant cannot be ruled out-Accused acquitted

Indian Penal Code, 1860, S.376 & S.354–Rape–Outraging modesty of women-Acquittal-It is unexplained why prosecutrix did not disclose about her video clipping to her husband or other family member at the initial stage itself—It is also unexplained that why she went on permitting accused to blackmail her financially and sexually for six months-ln absence of any explanation it can be rightly observed that she was a consenting party

By | April 28th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.376 & S.354–Rape–Outraging modesty of women-Acquittal-It is unexplained why prosecutrix did not disclose about her video clipping to her husband or other family member at the initial stage itself—It is also unexplained that why she went on permitting accused to blackmail her financially and sexually for six months-ln absence of any explanation it can be rightly observed that she was a consenting party

Indian Penal Code, 1860, S.376–Rape–Acquittal—Consenting Party-Prosecutrix alleged she married accused under threat and was sexually exploited after administration of some tablet at 11:30 pm and she gained conscious at 7:30 p.m.–Accused acquitted

By | April 27th, 2018|Acquittal|

Comments Off on Indian Penal Code, 1860, S.376–Rape–Acquittal—Consenting Party-Prosecutrix alleged she married accused under threat and was sexually exploited after administration of some tablet at 11:30 pm and she gained conscious at 7:30 p.m.–Accused acquitted

Prosecution has failed to prove that the knife produced in the Court was the same which was used in the crime—It was not proved that the alleged knife recovered from the accused was sent to FSL, because at the time of its production in the Court, it was not bearing any seal of FSL-Acquittal upheld

By | April 1st, 2018|Acquittal|

Comments Off on Prosecution has failed to prove that the knife produced in the Court was the same which was used in the crime—It was not proved that the alleged knife recovered from the accused was sent to FSL, because at the time of its production in the Court, it was not bearing any seal of FSL-Acquittal upheld

March 2018

Criminal Procedure Code, 1973, S.203—Defamation—Dismissal of complaint-­ Respondent had filed divorce petition u/s 13 of the HM Act wherein he alleged petitioner having illicit relations with his wife-Said divorce petition was not decided on the basis of adduced evidence

By | March 20th, 2018|Acquittal|

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Information Technology Act, 2000, S.66-D—Rape – Acquittal–Allegation that accused used to sexually harass prosecutrix and upload absence material qua her on social media—

By | March 14th, 2018|Acquittal|

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February 2018

Indian Penal Code, 1860, S.376 & –Murder–Rape—Acquittal -As per testimony of star witness he had seen accused along with one other person coming in a jeep with a lady-it is not clear from his statement, as to who was that lady and where she had come from-This in no way helps the prosecution ease

By | February 24th, 2018|Acquittal|

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Dowry Death-Acquittal-Death by hanging-­ Deceased suffering from postpartum depression-No incident or cruelty has been proved on record to show that the deceased was compelled to commit suicide-No mark of injury was found on body of deceased

By | February 24th, 2018|Acquittal|

Comments Off on Dowry Death-Acquittal-Death by hanging-­ Deceased suffering from postpartum depression-No incident or cruelty has been proved on record to show that the deceased was compelled to commit suicide-No mark of injury was found on body of deceased