September 2017

Dacoity–Acquittal–FIR was lodged long after the incident and in fact law was already set on motion after the telephonic message had been received.

By | September 8th, 2017|Acquittal|

Comments Off on Dacoity–Acquittal–FIR was lodged long after the incident and in fact law was already set on motion after the telephonic message had been received.

Disclosure Statement—Unless some distinctive mark is there or their use in the crime stands proved, recovery of common/easily available article cannot result in fastening any criminal liability upon any accused.

By | September 5th, 2017|Acquittal|

Comments Off on Disclosure Statement—Unless some distinctive mark is there or their use in the crime stands proved, recovery of common/easily available article cannot result in fastening any criminal liability upon any accused.

Indian Penal Code 1860, S.307—Attempt to Murder–Gunshot–Acquittal–Accused allegedly opened fire from his country made pistol—However, no bullet was retrieved from the spot

By | September 4th, 2017|Acquittal|

Comments Off on Indian Penal Code 1860, S.307—Attempt to Murder–Gunshot–Acquittal–Accused allegedly opened fire from his country made pistol—However, no bullet was retrieved from the spot

Culpable Homicide—Sudden Fight—The cause of the quarrel is not relevant nor is it relevant who offered the provocation but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger.

By | September 4th, 2017|Acquittal|

Comments Off on Culpable Homicide—Sudden Fight—The cause of the quarrel is not relevant nor is it relevant who offered the provocation but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger.

Murder—Intention to kill—Appellant had given only one blow to deceased though hitting him on head with blunt side of gandasa—Offence falls under S.304 Part II IPC and not u/s 302IPC.

By | September 3rd, 2017|Acquittal|

Comments Off on Murder—Intention to kill—Appellant had given only one blow to deceased though hitting him on head with blunt side of gandasa—Offence falls under S.304 Part II IPC and not u/s 302IPC.

Murder—Recovery of Weapon—Even if the weapon is cleaned there could be chance of some blood stains remains—No attempt made to find presence of any blood stain—Accused acquitted.

By | September 3rd, 2017|Acquittal|

Comments Off on Murder—Recovery of Weapon—Even if the weapon is cleaned there could be chance of some blood stains remains—No attempt made to find presence of any blood stain—Accused acquitted.

August 2017

Identification of Accused—Incident happened at night in house of complainant–Identification of accused by eye witness in court for first time after 8 years of incident seems to improbable.

By | August 30th, 2017|Acquittal|

Comments Off on Identification of Accused—Incident happened at night in house of complainant–Identification of accused by eye witness in court for first time after 8 years of incident seems to improbable.

Indian Penal Code, S.302—Murder—Acquittal-Last Seen Together—As per prosecution, deceased being in the company of all the accused persons consumed liquor at home and thereafter, proceeded to have more in a nearby liquor shop,

By | August 30th, 2017|Acquittal|

Comments Off on Indian Penal Code, S.302—Murder—Acquittal-Last Seen Together—As per prosecution, deceased being in the company of all the accused persons consumed liquor at home and thereafter, proceeded to have more in a nearby liquor shop,

Indian Penal Code 1860, S.302 & S.304 Part l–Murder–Acquittal–Unlawful Assembly- -Modification of sentence-Weapons being carried by accused were in form of lathis and iron rods i.e sarias- These are not traditional weapons of attack rather are easily available in villages and being used for various purposes

By | August 29th, 2017|Acquittal|

Comments Off on Indian Penal Code 1860, S.302 & S.304 Part l–Murder–Acquittal–Unlawful Assembly- -Modification of sentence-Weapons being carried by accused were in form of lathis and iron rods i.e sarias- These are not traditional weapons of attack rather are easily available in villages and being used for various purposes

Murder—Unexplained possibility of young woman in mid twenty’s and her ability to drag a fully grown body of able bodied man, aged 27 years, to a distance of 10-15 yards single handedly—Accused acquitted.

By | August 29th, 2017|Acquittal|

Comments Off on Murder—Unexplained possibility of young woman in mid twenty’s and her ability to drag a fully grown body of able bodied man, aged 27 years, to a distance of 10-15 yards single handedly—Accused acquitted.

Kidnapping for Ransom—Electronic Record—Case based on call details—But the call details do not bear any certificate as required under Section 65-B of the Evidence Act— Accused acquitted. Electronic Record—Evidence Act does not contemplate or permit the proof of an electronic record by oral evidence if requirements under Section 65-B of the Evidence Act are not complied with.

By | August 28th, 2017|Acquittal|

Comments Off on Kidnapping for Ransom—Electronic Record—Case based on call details—But the call details do not bear any certificate as required under Section 65-B of the Evidence Act— Accused acquitted. Electronic Record—Evidence Act does not contemplate or permit the proof of an electronic record by oral evidence if requirements under Section 65-B of the Evidence Act are not complied with.

July 2017

Murder—Common Intention—Acquittal—Merely because co-accused was in the room where the murder was committed and she did not raise any hue any cry at that time does not lead to the inference that she was a consenting party to the murder.

By | July 29th, 2017|Acquittal|

Comments Off on Murder—Common Intention—Acquittal—Merely because co-accused was in the room where the murder was committed and she did not raise any hue any cry at that time does not lead to the inference that she was a consenting party to the murder.

Criminal Procedure Code, 1973, S.452–Disposal of property at conclusion of trial-­ Application for releasing the vehicle–Rejected–Appeal against-Accused charged u/s 302 IPC and acquitted

By | July 1st, 2017|Acquittal|

Comments Off on Criminal Procedure Code, 1973, S.452–Disposal of property at conclusion of trial-­ Application for releasing the vehicle–Rejected–Appeal against-Accused charged u/s 302 IPC and acquitted

Abetment of Suicide- Mens rea is required to commit an offence-There should be a nexus between the acts of the accused which pushed the deceased to commit suicide-Simply insulting and abusing is not sufficient to constitute abetment of commission of suicide unless these are reasonably capable of suggesting that accused intented by such acts consequences of suicide.

By | July 1st, 2017|Acquittal|

Comments Off on Abetment of Suicide- Mens rea is required to commit an offence-There should be a nexus between the acts of the accused which pushed the deceased to commit suicide-Simply insulting and abusing is not sufficient to constitute abetment of commission of suicide unless these are reasonably capable of suggesting that accused intented by such acts consequences of suicide.

June 2017

Forgery is the principal allegation and cheating is the consequential offence in case forgery goes cheating cannot stand—Without proving offence of forgery, cheating cannot be proved—Forgery not proved here—Conviction set aside.

By | June 30th, 2017|Acquittal|

Comments Off on Forgery is the principal allegation and cheating is the consequential offence in case forgery goes cheating cannot stand—Without proving offence of forgery, cheating cannot be proved—Forgery not proved here—Conviction set aside.

Criminal Procedure Code, 1973, S.378(4)–Cruelty to wife-Appeal against acquittal- -Neither any demand of dowry nor any harassment has been proved—No medical evidence was there to support the allegations-

By | June 29th, 2017|Acquittal|

Comments Off on Criminal Procedure Code, 1973, S.378(4)–Cruelty to wife-Appeal against acquittal- -Neither any demand of dowry nor any harassment has been proved—No medical evidence was there to support the allegations-

Narcotic Drugs and Psychotropic Substances Act, 1985, S.20—Recovery of Contraband-Delay in sending samples to FSL as well as special report to Area Magistrate-No explanation has been given by prosecution-Person who delivered the special report was not examined-Makes prosecution case doubtful

By | June 28th, 2017|Acquittal, Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.20—Recovery of Contraband-Delay in sending samples to FSL as well as special report to Area Magistrate-No explanation has been given by prosecution-Person who delivered the special report was not examined-Makes prosecution case doubtful

Acquittal–Once the petitioner has been acquitted, whether on the basis of a compromise between the parties or otherwise, his acquittal has the effect of being not involved in that case.

By | June 22nd, 2017|Acquittal|

Comments Off on Acquittal–Once the petitioner has been acquitted, whether on the basis of a compromise between the parties or otherwise, his acquittal has the effect of being not involved in that case.