August 2018

July 2018

Indian Penal Code, 1860, S.302~Murder–Intention to kill-Intention to cause death must not be readily inferred-Merely because accused pierced the chest of deceased with spear (ballam), it cannot be assumed that accused intended to cause death.   

By | July 24th, 2018|Acquittal|

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Criminal Procedure Code, 1973, S.293—Expert Evidence- Admissibility of -Comparison of Signatures-Report submitted by Assistant Director (Document) could be per se admissible as the officer in the rank of Assistant Director would fall at Sr.No.E of sub-Section (4) of Section 293 CrPC—Such report not to be discarded on the ground that neither the author of the report nor any other officer, well conversant with the facts of the case who could satisfactorily depose in Court on behalf of the author of the report, has also been produced as a witness

By | July 16th, 2018|Acquittal|

Comments Off on Criminal Procedure Code, 1973, S.293—Expert Evidence- Admissibility of -Comparison of Signatures-Report submitted by Assistant Director (Document) could be per se admissible as the officer in the rank of Assistant Director would fall at Sr.No.E of sub-Section (4) of Section 293 CrPC—Such report not to be discarded on the ground that neither the author of the report nor any other officer, well conversant with the facts of the case who could satisfactorily depose in Court on behalf of the author of the report, has also been produced as a witness

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|

Comments Off on 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

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|

Comments Off on 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.

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